QUESTION 1

An absolute privilege exists to protect which of the following defendants in defamation cases?

a.

Members of Congress on the floor of Congress.

b.

Statements made by the President of the U.S. in the discharge of official duty.

c.

Statements about a third party made to one's spouse when the couple is alone.

d.

All of these.

QUESTION 2

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. The trespasser(s) is/are:

a.

Tim.

b.

Steve.

c.

both Tim and Steve.

d.

neither Tim nor Steve.

QUESTION 3

Invasion of privacy consists of:

a.

appropriation.

b.

intrusion.

c.

public disclosure of private facts.

d.

All of these are invasions of privacy.

QUESTION 4

Business torts consist of:

a.

interference with contractual relations.

b.

disparagement.

c.

fraudulent misrepresentation.

d.

Each of these are correct.

QUESTION 5

In an article about a prominent judge, a newspaper indicates that the judge had organized crime connections. The judge sues. The judge will have a cause of action:

a.

if the suit is a suit for intrusion.

b.

if the statement, which was untrue, was made with malice.

c.

whether or not the newspaper checked its sources as long as the information printed is ultimately found to be untrue.

d.

if the suit is for defamation and the newspaper responsibly checked its sources.

QUESTION 6

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

a.

no liability if he has not yet reached the age of majority.

b.

committed a battery.

c.

not committed a tort because he did not have the intent to harm Anna.

d.

committed an assault.

QUESTION 7

With respect to the tort of conversion, which of the following statements is true?

a.

Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages.

b.

All conversions are nuisances.

c.

All trespasses are conversions.

d.

None of these.

QUESTION 8

Anita included Bob's name and photograph in a list of the FBI's top ten criminals. Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal. This:

a.

is defamation.

b.

is false light.

c.

is nuisance.

d.

could be either defamation or false light.

QUESTION 9

TheHometown Newssnapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day. If the paper printed the picture on the front page:

a.

theHometown Newsis guilty of appropriation.

b.

theHometown Newsis guilty of intrusion.

c.

it is unlikely that theHometown Newsis guilty of any tort.

d.

theHometown Newsis guilty of false light.

QUESTION 10

Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:

a.

she will lose if there was another exit she could have used.

b.

she will lose because she was not harmed by the confinement.

c.

she will win because they were blocking her passage to her car.

d.

she will win even if there was another way out because she was, in effect, being confined to the Civic Center.

QUESTION 11

Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property. The entry onto the neighbor's property:

a.

is a trespass.

b.

is not a trespass unless there was some actual damage to the neighbor's land.

c.

cannot be a trespass because it was beneath the surface of the land.

d.

is not a trespass because Francenie was under the reasonable belief that she owned all of the land on which she was digging.

QUESTION 12

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is:

a.

interference with economic interests.

b.

conversion.

c.

fraudulent misrepresentation.

d.

trespass to personal property.

QUESTION 13

Harms or injuries that are tortious may be inflicted:

a.

intentionally.

b.

negligently.

c.

without fault.

d.

In all of these ways.

QUESTION 14

Two absolute defenses to the tort of defamation are:

a.

privilege and self-defense.

b.

truth and defense of property.

c.

truth and self-defense.

d.

truth and privilege.

QUESTION 15

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

a.

defamation

b.

false light

c.

intrusion

d.

disparagement

QUESTION 16

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if:

a.

the movie star was in a restaurant at the time.

b.

the movie star was in bed at the time.

c.

the pictures were not published.

d.

the photographer never entered onto the movie star's property.

QUESTION 17

Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community.

a.

Cameron is guilty of libel.

b.

Cameron is protected by the First Amendment to the Constitution.

c.

Cameron is guilty of slander.

d.

Bradley does not have a defamation suit against Cameron.

QUESTION 18

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

a.

will likely win a defamation suit if the statement is untrue.

b.

can win an invasion of privacy suit even if the statement is true.

c.

will lose a defamation suit because only natural persons can successfully bring defamation suits.

d.

will likely lose a defamation suit because the press has an absolute privilege in this type of case.

QUESTION 19

Bodily contact that is harmful or offensive can give rise to the tort of:

a.

battery.

b.

assault.

c.

defamation.

d.

appropriation.

QUESTION 20

In theFerrell v. Mikulacase, the Georgia Court of Appeals said that:

a.

the essential elements of an action for false imprisonment include detention, unlawfulness, and malice.

b.

the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress.

c.

false imprisonment is the unlawful detention of the person of another for an unreasonable length of time.

d.

to constitute the tort of intentional infliction of emotional distress, action must be intentional, not merely reckless.