Filters
Question type

Study Flashcards

Under which of the following situations does the tort of trespass to realty occur?


A) When a person intentionally enters the land of another without permission;causes an object to be placed on the land of another without the landowner's permission;or stays on the land of another when the owner tells him to depart;but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
B) When a person intentionally enters the land of another without permission;causes an object to be placed on the land of another without the landowner's permission;stays on the land of another when the owner tells him to depart;or refuses to remove something he placed on the property that the owner of the property asked him remove.
C) A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission.
D) When a person intentionally causes an object to be placed on the land of another without the landowner's permission;refuses to remove something he placed on the property that the owner of the property asked him remove;or intentionally enters the land of another without permission;but not when a person stays on the land of another when the owner tells him to depart.
E) When a person intentionally enters the land of another without permission;or stays on the land of another when the owner tells him to depart;but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove.

F) B) and E)
G) A) and D)

Correct Answer

verifed

verified

What are the three categories of intentional torts?


A) Torts against decency,torts against reputation,torts against persons.
B) Torts against public policy,torts against property,torts against reputation.
C) Torts against persons,torts against businesses,torts against the government.
D) Assault,battery,and defamation.
E) Torts against persons,torts against property,and torts against economic interest.

F) A) and B)
G) A) and E)

Correct Answer

verifed

verified

Carlos,who has a large trust fund,is angry with Isabel because she stopped dating him.Isabel ran a successful dog grooming shop,but Carlos decided to open a dog grooming shop next door and charge less than it would take to make a profit,solely to run her out of business.Which of the following is correct?


A) Carlos has committed the tort of unfair competition.
B) Carlos has not committed any tort.
C) Carlos has committed the tort of interference with contract.
D) Carlos has committed the tort of unfair competition and also the tort of interference with contract.
E) Carlos has committed the tort of disparagement.

F) None of the above
G) A) and D)

Correct Answer

verifed

verified

Which of these is a tort?


A) A civil or criminal action in state court or federal court.
B) A wrong or injury to another,other than a breach of contract.
C) A civil or criminal action in state court.
D) A breach of contract.
E) A wrong or injury to another,including a breach of contract.

F) A) and B)
G) A) and C)

Correct Answer

verifed

verified

Which of the following is true regarding awards of punitive damages in the U.S.?


A) Awards of punitive damages in the U.S.are very similar to awards of punitive damages under the Canadian judicial system.
B) The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal,regardless of the ratio of punitive damages to compensatory damages.
C) A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D) It is not always easy to predict what a court will do regarding punitive damages in any given case.
E) Punitive damages may not be awarded in excess of $3 million dollars.

F) All of the above
G) A) and C)

Correct Answer

verifed

verified

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?


A) Politicians and entertainers,but not small business owners,are generally considered to be public figures.
B) Entertainers,but not politicians,are generally considered to be public figures.
C) Small business owners,but not politicians or entertainers,are generally considered to be public figures.
D) Small business owners and politicians,but not entertainers,are generally considered to be public figures.
E) Politicians,but not entertainers,are generally considered to be public figures.

F) C) and D)
G) All of the above

Correct Answer

verifed

verified

When only a prospective contract exists,simply offering a better deal is not enough to create liability for intentional interference with contract.

A) True
B) False

Correct Answer

verifed

verified

Which of the following is not an example of compensatory damages?


A) Payment for lost wages due to time the plaintiff had to take off from work due to injuries sustained as a result of an intentional tort.
B) Payment for attorney fees the plaintiff incurred filing a lawsuit to get compensation for injuries resulting from an intentional tort.
C) Payment for the plaintiff's medical bills for surgery resulting from the injuries caused by an intentional tort.
D) Payment for the pain the plaintiff endured as a result of an intentional tort.
E) Payment for medical bills for pain killers the plaintiff was prescribed to cope with the pain from an intentional tort.

F) B) and E)
G) C) and D)

Correct Answer

verifed

verified

A plaintiff sues a defendant for throwing a rock at her.The plaintiff was not harmed in any way,but the court finds that a tort was committed and awards the plaintiff $1 in damages.This $1 in damages is an example of what type of damages?


A) Compensatory
B) Retaliatory
C) Nominal
D) Revenge
E) Punitive

F) A) and E)
G) A) and D)

Correct Answer

verifed

verified

Which of the following would constitute the privacy tort of false light?


A) Defaming a public figure.
B) Defaming a person with actual malice.
C) Disclosing private facts about a person in order to obtain some sort of personal gain.
D) Attributing characteristics or beliefs to a person that he or she does not possess.
E) Defaming a public figure for personal gain.

F) B) and C)
G) A) and C)

Correct Answer

verifed

verified

Which of the following are common classifications of torts?


A) Intentional,negligent,and strict liability.
B) Administrative,civil,and criminal.
C) Intentional,criminal,and strict liability.
D) Intentional,negligent,and criminal.
E) Criminal,negligent,and strict liability.

F) All of the above
G) A) and E)

Correct Answer

verifed

verified

Which of the following is true regarding the apprehension necessary for the tort of assault?


A) Apprehension and fear are the same thing.
B) A person may be in apprehension of physical harm,even if the person is too courageous to actually be afraid of that physical harm.
C) The test for assault involves subjective apprehension,not reasonable apprehension.
D) Actual injury is necessary for valid apprehension to be proven.
E) There is no requirement that the apprehension be of immediate physical contact.

F) B) and D)
G) A) and E)

Correct Answer

verifed

verified

Describe the fair report privilege in relation to defamation,then list the conditions required for it to apply.

Correct Answer

verifed

verified

A conditional privilege recognized in so...

View Answer

An assault victim sues the person who assaulted her.The court awards her $10,000 to pay for her actual medical expenses,to compensate her for time missed from work,and to compensate her for her pain.The $10,000 is an example of what type of damages?


A) Punitive
B) Revenge
C) Compensatory
D) Retaliatory
E) Nominal

F) A) and C)
G) None of the above

Correct Answer

verifed

verified

Accidental torts are one of the three classifications of torts in the United States

A) True
B) False

Correct Answer

verifed

verified

Ashley is unhappy with her neighbor,Josh,because Josh is pressing charges against her for repeatedly trespassing on his property.She tells him that unless he drops the charges,she will bring an action against him for nuisance because he plays his stereo late at night at times.While the stereo does not bother Ashley because she is up late anyway,she thinks that will encourage Josh to drop the trespassing charges.Josh,however,continues to press charges,and Ashley proceeds to sue Josh for nuisance.Which of the following is true?


A) Josh can sue Ashley for abuse of process and win only if he wins the nuisance action.
B) Ashley is completely within her rights and has done nothing wrong because Josh really is playing the stereo late at night.
C) Josh can sue Ashley for abuse of process and win regardless of whether or not she wins the nuisance action.
D) Josh can sue Ashley for malicious prosecution and win only if he wins the nuisance action.
E) Josh can sue Ashley for malicious prosecution and win regardless of whether or not he wins the nuisance action.

F) B) and D)
G) A) and E)

Correct Answer

verifed

verified

Peter brings in a baseball bat to hit Mary because he is mad at her.When he arrives,Mary is sleeping.He lines up the baseball bat with her head and whispers that he is about to take a swing.She wakes up,sees the bat,and screams at him.He does not hit her,but he drops the bat and it falls on her arm and injures her.Mary sues for assault and battery.Is she successful?


A) She can sue for assault but not battery.
B) She is successful at suing for both assault and battery.
C) She can sue for battery but not assault.
D) She cannot sue for either battery or assault.
E) She can sue for battery but only if she demonstrates assault took place first.

F) A) and B)
G) B) and C)

Correct Answer

verifed

verified

As far as the letter to the newspaper is concerned,which of the following is true in regards to Ryan's statement that Melissa cannot recover because she cannot show loss of income?


A) Ryan is correct only if he can establish that he did not intend to cause economic loss to Melissa.
B) Ryan is incorrect because his actions would be considered liable per se.
C) Ryan is incorrect because Melissa has proven special damages.
D) Ryan is correct.
E) Ryan is incorrect because general damages would be presumed.

F) A) and B)
G) C) and D)

Correct Answer

verifed

verified

[Feuding Neighbors] Taylor is angry because her neighbor,Jon,allows his dog to chase her cat,so she decides to get even.She moves a number of farm animals into her backyard and begins playing music at all hours of the night.She also steals a nice lawn chair from Jon's deck.She intends to keep the chair and not give it back.Taylor further took a rake off of Jon's deck that she plans to return after she finishes raking her leaves.Jon did not give her permission to take the rake or the chair.Jon is not happy about the farm animals and the loud music. -Which of these would be the most appropriate cause of action,if any,against Taylor based upon the farm animals and the music?


A) Harassment.
B) Trespass to property.
C) Private nuisance.
D) Negligence.
E) No cause of action is appropriate because Taylor is entitled to use her property as she sees fit.

F) B) and E)
G) C) and E)

Correct Answer

verifed

verified

Matt intends to throw a rock at Jamal and hit Jamal in the head.Jamal is standing directly next to Sally.Matt hits Sally in the head instead of Jamal.What type of tort did Matt commit against Sally?


A) An intentional tort because Matt intended to throw the rock and physical injury resulted.
B) Matt did not commit a tort against Sally because he only intended to strike Jamal with the rock.
C) A negligent tort because he only intended to harm Jamal.
D) An accidental tort because he struck Sally by mistake.
E) A negligent tort because Matt was careless in throwing the rock.

F) A) and E)
G) A) and B)

Correct Answer

verifed

verified

Showing 41 - 60 of 90

Related Exams

Show Answer