Mrs. Vogel bought a Rangers baseball ticket from Rally Tickets. At the stadium on game day, the tickettaker scanned her ticket and told her that it had already been used so she could not enter.The next day, Mrs. Vogel stood on the public sidewalk outside Rally Tickets for four hours holding a sign that said, "Rally TicketsSold Me a Fake Ticket".No one went into Rally Tickets the whole time that Mrs. Vogel was there with her sign.In order for Rally to recover for defamation, Rally must show that:

a. ____Rally suffered an actual economic loss because of Mrs. Vogel and her sign

b. ____Mrs. Vogel's ticket was genuine

c. ____Mrs. Vogel's protest was posted on the internet or shown in a news report

d. ____Rally refunded Mrs. Vogel's purchase price for the ticket

10.Change the facts in the preceding question.Instead of holding a sign, Mrs. Vogel used a bull horn amicrophone and speaker) and shouted to passers-by that "Rally Sold Me A Fake Ticket", then to recover for defamation Rally must also show:

a. ____Rally suffered an actual economic loss because of what Mrs. Vogel said to people passing by

b.____Mrs. Vogel's ticket was genuine

c. ____Mrs. Vogel's protest was posted on the internet or discussed in a news report

d. ____Rally refunded Mrs. Vogel's purchase price for the ticket

11.Ann is a wholesale dairy products salesperson.She follows Brad, who is a competitor, as he makes monthly sales visits to his customers.Several weeks later, Ann specifically targets each of Brad's customers that he visited in order to solicit them to purchase from her instead.Ann may be liable to Brad for:

a. ____ wrongful interference with a business relationship

b. ____ no actionable tort

c. ____ conversion

d. ____ appropriation (misappropriation)

e. ____ assault

12.A lawyer representing Marilyn Monroe's estate appears at the set of a television commercial, where filming is about to begin for a pantyhose commercial.The actress in the commercial is supposed to look like Marilyn Monroe, and there is a fan on the set, so it appears that the script may call for the actress' skirt to be lifted up by a puff of wind (like the famous Marilyn Monroe movie scene).If no agreement is reached with Marilyn Monroe's estate, and the commercial is filmed and aired on TV, what tort might the producer or the pantyhose company be liable for?

a. ____ no actionable tort

b. ____ interference with a contractual relationship

c. ____ appropriation (misappropriation)

d. ____ trespass to personal property

e. ____ conversion

13. Mary frequently shops on an online auction site.She is very careful to read item descriptions and make sure she knows if an item is supposed to be new, refurbished, or used, and if there any dings or problems with it.Mary often gets good deals by purchasing "gently used" items that still work fine.Mary buys a used cell phone on an auction site for her son (who broke his old phone). When the phone arrives, Mary finds and deletes a couple photos that were left in the phone's memory. When Mary calls her carrier to activate the phone, she learns that the phone has been reported as stolen.Is Mary liable for any tort and, if so, what tort is that?

a. ____Mary has no liability.She neither stole the phone nor had reason to know it was stolen.

b. ____Conversion.

c. ____Battery

d. ____Appropriation (misappropriation)

14.A+ Mining engages in blasting in its mining operations.Any injuries resulting from the blasting would be subject to strict liability because:

a. ____ Blasting is a negligent activity

b. ____ Mining can be done several ways without blasting

c. ____ Blasting is an inherently dangerous activity

d. ____ A+ is a mining company

15.Ann and Thomas are both interviewing for the same entry level position at a downtown business.

Ann is a good student.Thomas struggles with Business Law. Ann leaves her backpack on a library table to go get some lunch.Thomas opens Ann's backpack, and takes out her Business Law binder hoping to copy of her unit review answers and put the binder back before she returns.Ann takes her backpack and runs to Business Law class before Thomas gets back. Ann does not have her assignment to turn in at class. Thomas may be liable to Ann for:

a. ____ Trespass to personal property

b. ____ Conversion

c. ____ Misappropriation

d. ____ Invasion of privacy

16.In the preceding question, what tort may Thomas have committed if Ann's binder also contains a photo of her working as a stripper at a Dallas club, Thomas emails a copy of the photo to the personnel director at the business where they are interviewing, and Thomas gets the job.

a. ____ Misappropriation

b. ____ Invasion of privacy

c. ____ Trespass to personal property

d. ____ Conversion

17.Store Owner detains a shopper whom he suspects is shoplifting.Store Owner's action in detaining the shopper could be false imprisonment if:

a. ____ Shopper has probable cause to believe that Store Owner acted deceitfully

b. ____ Store Owner detained Shopper for an unreasonably long time

c. ____ Witnesses state that Shopper is innocent

d. ____ Shopper did not shoplift

18.Susan lives on her family's 300 acre ranch.One day Susan is sunbathing topless at her pool when the neighboring rancher Tom drives his pick-up truck up Susan's driveway, past the pool where she is sunbathing, and across her field to his stock pond on the other side of her property. Tom honks his horn and whistles to Susan out of his window.Tom may have committed:

a.____Invasion of privacy

b. ____ Trespass to land, but only if he damaged the land

c.____Trespass to personal property

d. ____ Trespass to land, but only if he did not have permission to drive there

19.Ann is watering plants in her garden. Marc walks past holding an aerosol can marked WASP SPRAY and he tells her he is going to the back of the building to spray a wasp nest. Two minutes later, Marc suddenly appears in front of Ann with the spray can aimed at her face.He does not spray anything, but Ann is startled and she jumps backward in her attempt to avoid being sprayed.Ann is not touched by Marc nor is she sprayed, but in her hurry to get away she falls over the hose, tearing her slacks and cutting her knee.What tort has Marc likely committed?

a. ____ no actionable tort

b. ____ gross negligence

c. ____ assault

d. ____ battery

e. ____ intentional infliction of emotional distress

20Start with the same facts as the preceding question, but this time when Marc appears in front of Ann he actually sprays her.Some of the spray touches Ann's face and her blue silk blouse.Ann is not hurt,and it turns out that the can actually contains iced tea, but Ann's blouse is stained and may be ruined.Now what tort has Marc likely committed?

a. ____ no actionable tort

b. ____ gross negligence

c. ____ assault

d. ____ battery

e. ____ intentional infliction of emotional distress

21.Adam is driving a car too fast in the snow.He looses control of the car and crashes into a telephone pole.The pole, which was previously damaged, falls over onto Beth's house, injuring Beth who is in her bed on the second floor.Beth would not have been injured but for Adam's negligent driving.As to Beth's injuries, Adam's negligence is definitely:

a. ____ intervening cause

b. ____ superceding cause

c. ____ cause-in-fact

d. ____ proximate cause

22.To protect its customers and other business invitees, Local Retail Store has a duty to warn them of:

a. ____obvious dangers

b. ____all dangers

c. ____hidden dangers

d. ____no dangers

Assume the following facts in answering Questions23 and 24

Nina is injured in am automobile accident. She has medical bills and her car is a total loss.

Nina sues Opal, alleging that Opal was negligent.

Opal, on the other hand, claims Nina was one who was driving carelessly.

23.In a state where pure comparative negligence applies, Nina's recovery may be reduced

a. ____only if Nina was equally at fault as Opal

b. ____to zero, if Nina if found to have any portion of the fault

c. ____only if Nina was more at fault than Opal

d. ____by Nina's proportionate share of negligence, even if Nina was only slightly at fault

24.If the state has a contributory negligence law, instead of comparative negligence, Nina's recovery will:

a. ____be unaffected, as long as she is less at fault than Opal

b. ____be barred if Nina is 50% or more at fault

c. ____be absolutely barred if Nina has any fault

d. ____be reduced by the percentage of Nina's own fault