Question 1

Discuss what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Accepted Answer

In the case of libel, general damages ar...

Question 2

Privilege is an affirmative defense in a defamation action.

Accepted Answer

A) True 
 B)False

Question 3

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privileges should be eliminated.

Accepted Answer

When an absolute privilege exists, one c...

Question 4

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

Accepted Answer

A)   Simple
B)   Complex
C)   Defamation
D)   Absolute
E)   CompoundedF) A) and B)
G) A) and C)

Question 5

Under which of the following situations does the tort of trespass to realty occur?

Accepted Answer

A)   When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove.
B)   When a person intentionally causes an object to be placed on the land of another without the landowner's permission; refuses to remove something he placed on the property that the owner of the property asked him remove; or intentionally enters the land of another without permission; but not when a person stays on the land of another when the owner tells him to depart.
C)   When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; or stays on the land of another when the owner tells him to depart; but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D)   When a person intentionally enters the land of another without permission; or stays on the land of another when the owner tells him to depart; but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E)   A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission.F) B) and E)
G) A) and B)

Question 6

The primary type of damages in tort law is referred to as _____.

Accepted Answer

A)   Punitive damages
B)   Compensatory damages
C)   Nominal damages
D)   Accrual damages
E)   Perspective damagesF) B) and D)
G) B) and E)

Question 7

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true regarding awards of punitive damages in the U.S.?

Accepted Answer

A)   It is not always easy to predict what a court will do in any given case.
B)   Punitive damages may not be awarded in excess of $3 million dollars.
C)   A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D)   The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal regardless of the ratio of punitive damages to compensatory damages.
E)   Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.F) B) and D)
G) A) and E)

Question 9

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______.

Accepted Answer

A)   Slander of quality
B)   Trade libel
C)   Libel of title
D)   Slander of title
E)   Libel of saleF) A) and C)
G) B) and D)

Question 10

Susie Starr, a highly successful movie star in both the United States and the United Kingdom is concerned because a tabloid based in the United States with distribution in both the United States and the United Kingdom falsely claimed that she has a problem with alcohol and had an affair with best friend's husband. She is considering a lawsuit for defamation. She asked you whether it would be easier to win the case in the United States or in the United Kingdom. What would you tell her and why? How does the defamation law of the United Kingdom differ from that of the U.S.? Also discuss whether Susie has an option to sue in the United Kingdom since the tabloid is published in the United States.

Accepted Answer

It would be easier for her to win the ca...

Question 11

Defense of property cannot be a defense to a claim of battery.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

Accepted Answer

A)   Only that the statements were true.
B)   Only that the statements were made in Parliament.
C)   Only that the statements were made in court.
D)   That the statements were made in Parliament or court.
E)   That the statements were true, that the statements were made in Parliament, or that the statements were made in court.F) C) and E)
G) A) and C)

Question 13

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.
-What action would William have against Annette for taking the rake?

Accepted Answer

A)   Trespass to property.
B)   Conversion.
C)   Private nuisance.
D)   Negligence.
E)   Harassment.F) B) and C)
G) C) and E)

Question 14

A(n)  _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Accepted Answer

A)   Battery
B)   Assault
C)   Assault and battery
D)   Negligence
E)   Strict responsibilityF) D) and E)
G) B) and D)

Question 15

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Accepted Answer

A)   Nominal
B)   Compensatory
C)   Punitive
D)   Retaliatory
E)   RevengeF) None of the above
G) A) and E)

Question 16

Which of the following are common classifications of torts?

Accepted Answer

A)   Intentional, negligent, and criminal.
B)   Intentional, criminal, and strict liability.
C)   Intentional, negligent, and strict liability.
D)   Criminal, negligent, and strict liability.
E)   Administrative, civil, and criminal.F) C) and D)
G) A) and D)

Question 17

Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true?

Accepted Answer

A)   Jane is completely within her rights and has done nothing wrong because Sam really is playing the stereo late at night.
B)   Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action.
C)   Sam can sue Jane for abuse of process and win only if he wins the nuisance action.
D)   Sam can sue Jane for malicious prosecution and win regardless of whether or not he wins the nuisance action.
E)   Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.F) None of the above
G) A) and B)

Question 18

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.
-What claim would William have against Annette for taking the lawn chair?

Accepted Answer

A)   Trespass to property.
B)   Conversion.
C)   Private nuisance.
D)   Negligence.
E)   Harassment.F) C) and E)
G) A) and B)

Question 19

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Accepted Answer

A)   with actual malice
B)   negligently
C)   in print
D)   publicly
E)   to an employerF) A) and B)
G) A) and C)

Question 20

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?

Accepted Answer

A)   Annie has committed defamation of the college president in the form of slander.
B)   Annie has committed defamation of the college president in the form of libel.
C)   Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy.
D)   Annie has committed both defamation and invasion of privacy toward the college president.
E)   Annie has not committed any tort.F) A) and C)
G) B) and E)

Exam 8: Tort Law

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Correct Answer
verified

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Correct Answer
verified

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?

Correct Answer
verified

Which of the following are common classifications of torts?

Correct Answer
verified

The primary type of damages in tort law is referred to as _____.

Correct Answer
verified

Privilege is an affirmative defense in a defamation action.

Correct Answer
verified

Under which of the following situations does the tort of trespass to realty occur?

Correct Answer
verified

Discuss what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Correct Answer
verified
In the case of libel, general damages ar...
View Answer

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privileges should be eliminated.

Correct Answer
verified
When an absolute privilege exists, one c...
View Answer

Correct Answer
verified

Correct Answer
verified

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Correct Answer
verified

Correct Answer
verified
It would be easier for her to win the ca...
View Answer

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

Correct Answer
verified

Defense of property cannot be a defense to a claim of battery.

Correct Answer
verified

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______.

Correct Answer
verified

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

Correct Answer
verified

Correct Answer
verified

Which of the following is true regarding awards of punitive damages in the U.S.?

Correct Answer
verified

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Correct Answer
verified

Exam 8: Tort Law

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Correct AnswerverifiedShow Answer

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Correct AnswerverifiedShow Answer

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?

Correct AnswerverifiedShow Answer

Which of the following are common classifications of torts?

Correct AnswerverifiedShow Answer

The primary type of damages in tort law is referred to as _____.

Correct AnswerverifiedShow Answer

Privilege is an affirmative defense in a defamation action.

Correct AnswerverifiedShow Answer

Under which of the following situations does the tort of trespass to realty occur?

Correct AnswerverifiedShow Answer

Discuss what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Correct AnswerverifiedIn the case of libel, general damages ar...View AnswerShow Answer

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privileges should be eliminated.

Correct AnswerverifiedWhen an absolute privilege exists, one c...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedIt would be easier for her to win the ca...View AnswerShow Answer

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

Correct AnswerverifiedShow Answer

Defense of property cannot be a defense to a claim of battery.

Correct AnswerverifiedShow Answer

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______.

Correct AnswerverifiedShow Answer

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true regarding awards of punitive damages in the U.S.?

Correct AnswerverifiedShow Answer

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
In the case of libel, general damages ar...
View Answer

Correct Answer
verified
When an absolute privilege exists, one c...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
It would be easier for her to win the ca...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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