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Practice MCQs with Answer Key - The Legal Environment of Business | BUL 3130, Study notes of Business and Labour Law

University of North Florida (UNF)Business and Labour Law
Prof. Robert W. Schupp

Intentional Torts Material Type: Notes; Professor: Schupp; Class: The Legal Environment of Business; Subject: Business Law; University: University of North Florida; Term: Fall 2011;

Typology: Study notes

2010/2011

Uploaded on 09/23/2011

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1. A ____________ is a non-trespassory invasion of another’s interest in the private
use and enjoyment of land.
a. trespass to real property
b. nuisance
c. interference with contractual relations
d. fraudulent misrepresentation
2. A con artist who goes door to door and collects money for a false charity most
likely commits:
a. duress.
b. embezzlement.
c. extortion.
d. false pretenses.
3. A defamatory communication which is typewritten or printed is referred to as
a. libel.
b. slander.
c. false light.
d. fraudulent misrepresentation.
4. A nontrespassory invasion of another’s interest in the private use and enjoyment
of land is
a. disparagement.
b. defamation.
c. trespass.
d. nuisance.
5. A parks his car in front of his house. B pushes A’s car around the corner. A
subsequently looks for his car but cannot find it for several hours. B is liable to
A for:
a. conversion.
b. trespass to personal property.
c. disparagement.
d. compensatory damages.
6. A person may employ deadly force to protect his property.
a. True
b. False
7. A pine tree growing in a forest is
a. personal property.
b. real property.
c. intangible property.
d. converted property.
8. A public prosecutor acting in his official capacity who brings a criminal
proceeding against a defendant who is acquitted by a jury in less than five
minutes has absolute immunity from liability for malicious prosecution.
a. True
b. False
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Download Practice MCQs with Answer Key - The Legal Environment of Business | BUL 3130 and more Study notes Business and Labour Law in PDF only on Docsity!

  1. A ____________ is a non-trespassory invasion of another’s interest in the private use and enjoyment of land. a. trespass to real property b. nuisance c. interference with contractual relations d. fraudulent misrepresentation
  2. A con artist who goes door to door and collects money for a false charity most likely commits: a. duress. b. embezzlement. c. extortion. d. false pretenses.
  3. A defamatory communication which is typewritten or printed is referred to as a. libel. b. slander. c. false light. d. fraudulent misrepresentation.
  4. A nontrespassory invasion of another’s interest in the private use and enjoyment of land is a. disparagement. b. defamation. c. trespass. d. nuisance.
  5. A parks his car in front of his house. B pushes A’s car around the corner. A subsequently looks for his car but cannot find it for several hours. B is liable to A for: a. conversion. b. trespass to personal property. c. disparagement. d. compensatory damages.
  6. A person may employ deadly force to protect his property. a. True b. False
  7. A pine tree growing in a forest is a. personal property. b. real property. c. intangible property. d. converted property.
  8. A public prosecutor acting in his official capacity who brings a criminal proceeding against a defendant who is acquitted by a jury in less than five minutes has absolute immunity from liability for malicious prosecution. a. True b. False
  1. Al, the bus driver on a cross country Greyhound, kisses Susie, a passenger, while she sleeps. Al could be sued for battery. a. True b. False
  2. Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the Spring. Henry’s sister found out about Alice’s first marriage and then told Henry’s parents. Alice now wants to sue Henry’s sister for public disclosure of private facts. Does Alice have a case against Henry’s sister? a. No, because marriage is a public and not a private fact. b. No, because telling Henry’s parents is not sufficient publication for public disclosure of private facts. c. No, because the statement is true. d. No, because marriage is a public and not a private fact, and because telling Henry’s parents is not sufficient publication.
  3. Andrew noticed Michael and his pregnant wife Catherine walking down the street and intentionally drove his car into Michael as a joke. Michael wasn’t injured, but his wife suffered severe mental distress and needed to be hospitalized for stress. a. Andrew has no liability to Catherine, because he has not committed a tort against her. b. Andrew has committed the tort of battery against Catherine. c. Andrew has committed the tort of battery against Michael but has committed no tort against Catherine. d. Andrew has committed the tort of intentional infliction of emotional distress against Catherine.
  4. 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 thought a criminal. a. This is defamation. b. This is intrusion. c. This is nuisance. d. This could be either defamation or false light.
  5. Arthur Author wrote a defamatory letter regarding Bill Baker which he mailed to Bill, but which he did not show to anyone else. a. Arthur has committed the tort of slander. b. Arthur has committed the tort of libel. c. Arthur has committed neither libel nor slander, because there has been no publication of the letter. d. Arthur has committed the tort of false light.
  6. Arthur Author wrote a defamatory letter regarding Bill Baker which he did not show to anyone, but which he posted on a bulletin board in the laundromat. a. Arthur has committed the tort of slander. b. Arthur has committed the tort of libel.

the office. a. Carl cannot be liable to the secretary for any torts because he did not intend to hurt her. b. The intent to harm the agent is transferred to the secretary who can sue Carl for her injuries. c. Carl has committed a crime, but he is not liable for any torts. d. Carl has committed the tort of intrusion.

  1. Carolyn takes Steve’s car to the store with his permission. While there, she meets a group of her friends who were on their way to the beach. She leaves Steve’s car at the store and goes away for the entire day. If Steve successfully sues Carolyn for trespass, he will: a. recover the value of the car. b. recover the value of the time he did not have use of the car. c. recover the car’s original price. d. only recover the car.
  2. Claudia’s baby daughter Carolyn is snatched from her arms at the grocery store. The kidnapper threatened to drop the baby if the store did not hand over the contents of the vault. Claudia may: a. trip the kidnapper because she is limited to non-life threatening force. b. shoot the kidnapper since she can protect the baby in the same way as herself. c. not seriously harm the kidnapper since she is not in danger. d. only call the police since she cannot take the law into her own hands.
  3. Cliff’s former roommate tells Cliff’s girlfriend that he and Cliff smoked marijuana when they were roommates. Assuming the statement is true, Cliff can successfully sue for: a. defamation. b. slander. c. false light. d. public disclosure of private facts.
  4. Clyde points a toy gun at his next door neighbor and threatens to shoot. If the neighbor brings suit for assault: a. he will lose because only a toy was involved. b. he will lose because Clyde never fired the gun. c. he will win if he can show Clyde thought the gun was real. d. he will win if he can show that he reasonably believed the gun to be real.
  5. Complete defense in a defamation suit would result from: a. lack of motive or intent. b. conditions without probable cause. c. truth and privilege. d. lack of malice.
  6. Conversion is a civil form of larceny or theft. a. True b. False
  1. Defense of property allows a. reasonable force including deadly force. b. reasonable force but not including deadly force. c. no force.
  2. Defenses to intentional torts include: a. self-defense and consent. b. defense of others and consent. c. self-defense and defense of property. d. all of the above are valid defenses.
  3. Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests. a. True b. False
  4. Handwritten, typewritten, printed, or pictorial defamation is: a. false light. b. libel. c. slander. d. disparagement.
  5. Harms or injuries that are tortuous may be inflicted: a. intentionally. b. negligently. c. without fault. d. in all of the above ways.
  6. How far down does a landowner own the land? a. 20 feet b. To the center of the earth c. As far down as he/she can reasonably use d. Only the surface unless he/she has a separate deed for the mineral rights
  7. If a licensee remains upon land after his invitation has expired, he becomes a. a trespasser. b. a criminal. c. an invitee. d. a squatter.
  8. If a publication prints defamatory material concerning a public figure, the individual may recover compensatory damages if he can show: a. actual malice. b. negligence. c. strict liability. d. constitutional privilege.
  9. In order to sue for battery, a plaintiff must prove that he or she has received a physical injury. a. True b. False

b. Sam is guilty of assault. c. Both Sam and Jack are guilty of assault. d. Neither Jack nor Sam is guilty of assault.

  1. Mary does not want her movie-star cousin Cindy to attend a school dance; Mary phones Cindy and tells her that if she leaves her house on the night of the dance, Mary will send a letter to the dean in which she’ll accuse Cindy of being an ax murderess. Cindy, although she knows the accusation is false, is afraid of expulsion from the chess club and very reluctantly remains home and misses the dance. Mary has committed the tort of: a. libel. b. slander. c. false imprisonment. d. none of the above.
  2. 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 even if there was another way out because she was, in effect, being confined to the Civic Center. d. she will win because they were blocking her passage to her car.
  3. Mary’s defense to Cindy’s suit if Cindy is an ax murderess is: a. familial privilege. b. the statement was made without malice. c. truth. d. that the dean never published the letter.
  4. Mary’s friend, Cindy, is a movie star and in order to maintain a defamation action, she will probably have to prove the additional element of: a. false imprisonment. b. truth. c. infliction of emotional distress. d. malice.
  5. On December 2, the Houston Oilers were playing the Pittsburgh Steelers. On a particular play, the Pittsburgh defensive end who was rather frustrated because Manning, the quarterback, had completed passes for 450 yards, grabbed Manning by the faceguard, jerked Manning’s helmet off and hit Manning over the head with it. Manning filed suit against the Pittsburgh defensive end. The Pittsburgh defensive end contends that he has a valid defense to this tort in that Manning consented to participate in the game. Which of the following most accurately represents the status of that defense? a. This is a valid defense. b. The defense is not valid because football is a rough game. c. The defense is not valid because football involves tackling and bodily

contact and the most that could be derived from this would be a 15-yard penalty. d. The consent is not valid because of the intentional actions of the Pittsburgh end.

  1. One of the newer types of wrongdoing recognized as tortuous and imposing liability upon the wrongdoer for money damages is that of: a. defamation. b. appropriation. c. intentional infliction of emotional distress. d. interference with contractual relations.
  2. One who publishes a false statement that results in harm to another’s monetary interest, and the publisher knows the statement is false, is guilty of a. intrusion. b. defamation. c. disparagement. d. libel.
  3. One who speaks a false statement to a third person that results in harm to another’s monetary interest, and the speaker knows the statement is false, is guilty of a. slander. b. defamation. c. disparagement. d. libel.
  4. Sarah Student joined a religious cult while a student at Ivory Towers State University. Her father hired a deprogrammer who spent several weeks with her during which they occasionally went on outings. After Sarah met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment. a. Sarah will win because this is clearly false imprisonment. b. Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement. c. Sarah has committed the tort of malicious prosecution. d. Sarah’s parents are guilty of intrusion but not of false imprisonment.
  5. The Crackle Breakfast Food Company puts Arthur Attorney’s picture on the Crackle box without first getting Arthur’s permission. Arthur can sue for appropriation. a. True b. False
  6. The following is the intentional and improper interference with the performance of a contract by inducing one of the parties not to perform it. a. breach b. fraudulent misrepresentation c. disparagement d. interference with contractual relations

b. conversion. c. interference with contractual relations. d. disparagement.

  1. The same act can be both a tort and a crime. a. True b. False
  2. The tort of ____________ is a false communication which is given to one person other than the person who is the subject of the communication which injures a person’s reputation and good name by disgracing him and diminishing the respect in which he is held. a. false light b. intrusion c. defamation d. disparagement
  3. The tort of conversion a. includes the intentional destruction of personal property. b. includes the use of personal property in an unauthorized manner. c. entitles the possessor to recover the full value of the converted property. d. all of the above.
  4. The unauthorized use of another’s name or likeness for one’s own benefit: a. intrusion. b. appropriation. c. public disclosure of private facts. d. false light.
  5. There is a ____________ privilege to comment regarding public officials or public figures so long as it is done without malice. a. Fourth Amendment b. First Amendment c. conditional d. absolute
  6. Tim and Steve are roughhousing in the front yard of Tim’s parents when Steve intentionally pushes Tim onto the neighbor’s property. a. Tim is a trespasser. b. Steve is a trespasser. c. Tim and Steve both are trespassers. d. None of the above.
  7. Tim Teenager has the permission of Harold Homeowner to walk across his yard on the way to school. Tim now brings twenty of his friends across the yard, and they stop to play ball. a. Tim is not guilty of trespass to real property, because he had Harold’s permission to cross the yard. b. Tim’s friends are not guilty of trespass to real property, because they were with Tim.

c. Tim is guilty of trespass to real property, because he walked across the yard. d. Tim and his friends are guilty of trespass to real property, because they played ball in Harold’s yard.

  1. Timothy Teenager and his friend are playing catch in the backyard when Tim suddenly throws the ball over the fence into the neighbor’s yard where it breaks the window. This is trespass to real property even if Tim himself does not go onto the property to get the ball. a. True b. False
  2. To have the tort of false light, you must show that the information communicated was a. true, and communicated to many people. b. false, and communicated to many people. c. true, and communicated to a minimum of one other person. d. false, and communicated to a minimum of one other person.
  3. Tort law is primarily common law. a. True b. False
  4. Two absolute defenses to the tort of defamation are: a. truth and self-defense. b. truth and privilege. c. privilege and self-defense. d. truth and defense of property.
  5. Viewing the private papers or emails of another person without permission is an example of a. intrusion. b. public disclosure of private facts. c. false light. d. appropriation. e. defamation.
  6. Which of the following can be raised as a defense to a claim of defamation? a. That the statement was true b. That there was a constitutional privilege to comment about the plaintiff and that the statement was made without malice c. That there was a conditional privilege to comment on the matter alleged to be defamatory d. All of the above
  7. Which of the following is a defense to an intentional tort? a. Consent b. Self-defense c. Defense of property d. All of the above

privacy? a. Nuisance b. Intrusion c. Appropriation d. False light

  1. While having lunch in the cafeteria, Sid notices his best friend being picked on by the class bully, Neal. Sid picks up a handy stick, sneaks up behind Neal and knocks him unconscious. Most likely Sid has committed the tort of: a. assault only. b. assault and battery. c. battery only. d. defamation only.
  2. While having something to eat for lunch in the cafeteria, Neal sees Sid in a mirror, but he is unable to escape the blow. Most likely Sid has committed the tort of: a. assault only. b. battery only. c. defamation only. d. assault and battery.
  3. Who owns the rivers and streams of Florida? a. The landowners on either side of the stream own to the middle. b. No one, but the landowners on either side own the land under the stream to the middle. c. The State of Florida. d. The U.S. government.