Question 1

Written defamation is _____; oral defamation is _______.

Accepted Answer

A)  fraud; conversion
B)  conversion; fraud
C)  slander; libel
D)  libel; slanderE) C) and D)
F) B) and C) D

Question 2

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

Accepted Answer

A) True 
 B)False

Question 3

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

Accepted Answer

A)  trespass
B)  conversion
C)  battery
D)  false imprisonmentE) A) and B)
F) C) and D)

Question 4

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Accepted Answer

A)  Ann defamed Brian.
B)  Ann committed the tort of trespass.
C)  Ann committed the tort of slander.
D)  Ann committed the tort of battery.E) A) and C)
F) None of the above

Question 5

As assistant manager of a discount department store, you have been asked to review the store's policy concerning shoplifters.
(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.
(b)In reviewing the store's policy, discuss some of the items that you will consider.

Accepted Answer

a)Generally, a store may detain a custom...

Question 6

In awarding punitive damages, a court considers all of the following EXCEPT

Accepted Answer

A)  the difference between the punitive award and any civil penalties used in similar cases.
B)  the ratio between the harm suffered and the award.
C)  the financial condition of the plaintiff.
D)  the reprehensibility of the defendant's conduct.E) A) and C)
F) B) and D)

Question 7

Which of the following statements about torts is correct?

Accepted Answer

A)  A tortious act is always a criminal act.
B)  A criminal act is always a tortious act.
C)  A tortious act may also be a criminal act.
D)  A tortious act is the same as a contract dispute.E) B) and C)
F) A) and B)

Question 8

A tort is a violation of a duty imposed by the civil law.

Accepted Answer

A) True 
 B)False

Question 9

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

Accepted Answer

A)  No, because no one else received the defamatory message besides Marco.
B)  No, because Soledad did not put her accusation in writing.
C)  Yes, because Soledad's accusation was false.
D)  Yes, because Marco's feelings were hurt.E) None of the above
F) A) and B) A

Question 10

Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

Accepted Answer

A)  a battery, but not an assault.
B)  an assault, but not a battery.
C)  both an assault and a battery.
D)  neither an assault nor a battery.E) B) and C)
F) All of the above

Question 11

Discuss the four elements that must be proven in order to win a defamation case.

Accepted Answer

Defamatory statement . This is a factual...

Question 12

The elements in a defamation case are:

Accepted Answer

A)  defamatory statement; falsity; communication; and injury.
B)  a contract; knowledge of the contract; improper inducement; injury.
C)  false or misleading fact statements; statements in commercial advertising; likelihood of harm.
D)  duty; breach of duty; proximate causation; and damages.E) A) and C)
F) C) and D) A

Question 13

Which of the following is the general goal of compensatory damages?

Accepted Answer

A)  to find a way to help the defendant avoid jail time for his or her crime
B)  to restore the plaintiff to the position he or she was in before the injury
C)  to punish the defendant for extreme and outrageous behavior
D)  to make the defendant suffer as much as the plaintiff sufferedE) C) and D)
F) All of the above

Question 14

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur?

Accepted Answer

A)  Patton will sue Tipton for defamation.
B)  QC Industries will sue Patton for intentional infliction of emotional distress.
C)  Patton will sue QC Industries for tortious interference with a contract.
D)  Tipton will sue Patton for tortious interference with a prospective advantage.E) A) and C)
F) A) and D)

Question 15

Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?

Accepted Answer

A)  Adam committed an assault but not a battery.
B)  Adam committed a battery but not an assault.
C)  Adam committed an assault and a battery.
D)  Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.E) C) and D)
F) A) and D)

Question 16

If Gloria threw a rock that hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Accepted Answer

A) True 
 B)False

Question 17

Wilma's arm is broken when Paula knocks her down during an argument. If Wilma sues Paula for battery, what damages is Wilma likely to receive?

Accepted Answer

A successful plaintiff usually receives ...

Question 18

The idea behind punitive damages is that

Accepted Answer

A)  torts that occur in a commercial setting are far more serious than torts affecting private individuals.
B)  certain behavior is so unacceptable that society must make an example of it.
C)  the right to free speech is not absolute and must sometimes be restricted.
D)  the defendant must be restored to the position he/she was in before the injury.E) A) and B)
F) C) and D)

Question 19

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.

Accepted Answer

A) True 
 B)False

Question 20

The ruling in the landmark case of New York Times v. Sullivan  was that a public official can win a defamation case

Accepted Answer

A)  without proving the defendant acted with reckless disregard of the truth.
B)  only by proving the defendant's actual malice.
C)  without proving the defendant knew his or her statement was false.
D)  only by proving the defendant has a history of reckless behavior.E) B) and C)
F) A) and B)

Exam 7: Intentional Torts and Business Torts

Written defamation is _; oral defamation is ___.

Correct Answer
verified
D

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

Correct Answer
verified

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

Correct Answer
verified

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Correct Answer
verified

Correct Answer
verified
a)Generally, a store may detain a custom...
View Answer

In awarding punitive damages, a court considers all of the following EXCEPT

Correct Answer
verified

Which of the following statements about torts is correct?

Correct Answer
verified

A tort is a violation of a duty imposed by the civil law.

Correct Answer
verified

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

Correct Answer
verified
A

Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

Correct Answer
verified

Discuss the four elements that must be proven in order to win a defamation case.

Correct Answer
verified
Defamatory statement . This is a factual...
View Answer

The elements in a defamation case are:

Correct Answer
verified
A

Which of the following is the general goal of compensatory damages?

Correct Answer
verified

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur?

Correct Answer
verified

Correct Answer
verified

If Gloria threw a rock that hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Correct Answer
verified

Wilma's arm is broken when Paula knocks her down during an argument. If Wilma sues Paula for battery, what damages is Wilma likely to receive?

Correct Answer
verified
A successful plaintiff usually receives ...
View Answer

The idea behind punitive damages is that

Correct Answer
verified

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.

Correct Answer
verified

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case

Correct Answer
verified

Exam 7: Intentional Torts and Business Torts

Written defamation is _____; oral defamation is _______.

Correct AnswerverifiedD

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

Correct AnswerverifiedShow Answer

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

Correct AnswerverifiedShow Answer

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Correct AnswerverifiedShow Answer

Correct Answerverifieda)Generally, a store may detain a custom...View AnswerShow Answer

In awarding punitive damages, a court considers all of the following EXCEPT

Correct AnswerverifiedShow Answer

Which of the following statements about torts is correct?

Correct AnswerverifiedShow Answer

A tort is a violation of a duty imposed by the civil law.

Correct AnswerverifiedShow Answer

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

Correct AnswerverifiedA

Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

Correct AnswerverifiedShow Answer

Discuss the four elements that must be proven in order to win a defamation case.

Correct AnswerverifiedDefamatory statement . This is a factual...View AnswerShow Answer

The elements in a defamation case are:

Correct AnswerverifiedA

Which of the following is the general goal of compensatory damages?

Correct AnswerverifiedShow Answer

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If Gloria threw a rock that hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Correct AnswerverifiedShow Answer

Wilma's arm is broken when Paula knocks her down during an argument. If Wilma sues Paula for battery, what damages is Wilma likely to receive?

Correct AnswerverifiedA successful plaintiff usually receives ...View AnswerShow Answer

The idea behind punitive damages is that

Correct AnswerverifiedShow Answer

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.

Correct AnswerverifiedShow Answer

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case

Correct AnswerverifiedShow Answer

Written defamation is _; oral defamation is ___.

Correct Answer
verified
D

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
a)Generally, a store may detain a custom...
View Answer

Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
verified
A

Correct Answer
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Correct Answer
verified
Defamatory statement . This is a factual...
View Answer

Correct Answer
verified
A

Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A successful plaintiff usually receives ...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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