1. The tort of disparagement:A) requires proof of actual damageB) is identical to the tort of slanderC) covers true statements about the personal behavior of persons in businessD) does not include truth as a common defense 2. Which of the following is a common defense to trespass to personal property?A) Probable cause B) Necessity C) Truth D) Privilege 3. The tort of interference with contract:A) does not apply to a person who intentionally induces a person to breach a contract with anotherB) does not protect the sanctity of private contractual relationshipsC) justifies inducing a breach of contract in most casesD) applies to a person who intentionally prevents performance of another person’s contract4. Punitive damages:A) are damages in excess of the plaintiff’s injuries, awarded to punish the defendantB) are like actual damages but do not seek to deter the defendantC) are a small amount of compensation given to the plaintiffD) are damages far less than the plaintiff’s injuries, awarded to punish the plaintiff5. The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in:A) a case where the defendant’s money is at stakeB) all criminal casesC) a case where the defendant’s liberty may be at stakeD) a case where the defendant’s life may be at stake6. Cybertrespass is commonly considered to be a trespass on:A) real propertyB) personal propertyC) private propertyD) immovable property 7. Under the tort of invasion of privacy:A) some widespread dissemination of information is necessary for liabilityB) newsworthy items can be the basis of a successful suit C) truth is a defense to “publication of private factsD) true, but public facts about a person can be an invasion of privacy8. Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances:A) Seth can sue the store for false imprisonmentB) The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of timeC) Seth can sue the store for false imprisonment, emotional distress, and batteryD) The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages 9. Abuse of process requires:A) that there be no probable cause in order for the person wrongfully sued to winB) proof that the suit was brought for a primary purpose other than the one for which such proceedings are designedC) proof that the suit was brought out of malice and to give a remedy for the financial, emotional, and reputational harm causedD) that the wrongfully brought suit terminated in the defendant’s favor10. For a public figure to sue for defamation, he/she must prove:A) actual maliceB) invasion of privacyC) misuse of privilegeD) violation of a statute11. Which of the following is an example of invasion of privacy?A) A tenant continuing to stay in a house even after the lease period has expiredB) A person providing false statements on a seller’s ownership of goods offered for saleC) The act of wrongfully selling or mortgaging the goods of anotherD) The act of putting an ad in the paper saying that a person does not pay his or her bills 12. hich of the following is an example of interference with economic relations?A) Disparagement B) False imprisonment C) Trespass D) Defamation 13. he U.S. Supreme Court requires that actual malice be proved when:A) public figures and public officials sue the media for publishing true statements B) public officials sue the media for false and defamatory statementsC) public officials are found strictly liable for a crimeD) public figures sue for physical harm resulting from malice14. Privilege is not a common defense to which of the following intentional torts?A) Interference with contract B) Disparagement C) Trespass to land D) False imprisonment 15. The elements of an intentional tort are:A) violation of a statute and intentB) harm to another person/property and intentC) harm to person or property, violation of a statute, and intentD) harm to person or property and violation of a statute16. Which of the following statements supports the explanation of libel?A) Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libelB) Oral defamation, causing injury to a person’s reputation and causing that person considerable anguish and harm is considered to be libelC) Damages are presumed in libel, though the statement is not defamatory on its faceD) Private statements between spouses may be defamatory and will be considered to be libel17. Which of the following denotes an injury to a person’s reputation?A) Malice B) Defamation C) Disparagement D) Battery 18. Compensatory damages are also known as:A) nominal damagesB) punitive damagesC) statutory damagesD) actual damages19. Conversion is defined as:A) the intentional confinement of a person for an appreciable time without the person’s consentB) the unlawful taking of or exercise of control over the personal property of another personC) the use of force to drive away a person’s customers or employeesD) intrusion on a person’s solitude or seclusion and publishing private facts about a person20. This is a common defense to the tort of malicious prosecution.A) Lack of capacity B) Inducing a breach of contract C) Improper purpose D) Probable cause 21. A common defense to the tort of interference with contract is:A) privilegeB) inducing a breach of contract C) lack of capacityD) probable cause22. Which of the following statements is true about conversion and trespass to personal property?A) Consent acts is a defense to conversion but will not be considered as a defense for trespass to personal propertyB) The degree of interference with another’s property rights acts as a basis for the difference between the twoC) Courts do not consider extent of harm to property as a difference between conversion and trespassD) Trespass to personal property does not require intent, while conversion does23. In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that:A) the wrongfully brought suit terminated in the defendant’s favorB) the suit was brought for an improper purposeC) the suit was brought with probable cause to believe the suit was justifiedD) the wrongfully brought suit did not terminate in his favor24. The tort of false imprisonment protects:A) mental and physical interestsB) only the freedom from knowledge of confinementC) the right to lifeD) only the freedom of movement25. Which of the following statements is conditionally privileged in defamation suits?A) Statements by members of Congress on the floor of CongressB) Statements made in the furtherance of legitimate business interestsC) Private statements between spouses D) Statements by participants in judicial proceedings
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