Tort Law Chapter 6 Quiz

Name:

True/False
Indicate whether the statement is true or false.

Abuse of process involves civil lawsuits, whereas malicious prosecution involves criminal actions.

Invasion of privacy occurs through appropriation of a person’s likeness for profit without permission.

In both intentional and reckless infliction of emotional distress, the victim must suffer severe mental anguish.

Unreasonable intrusion is an excessive and highly offensive invasion of one’s seclusion or solitude.

False light in the public eye is a form of defamation.

Libel is written defamation, whereas slander is oral defamation.

Publication is the term associated with abuse of process.

Fraud and misrepresentation are identical intentional torts.

Libel can appear in the form of movies, records, DVDs, and computer programs.

10.

To be successful in claiming defamation, a public figure must show that a statement was made with actual malice.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

Emotional distress is synonymous with

a.	Mental anguish.
b.	Shock.
c.	Fright.
d.	All of the above.
e.	None of the above.

12.

In infliction of emotional distress cases, ordinary sensibilities is best defined as

a.	whether or not a reasonable person would suffer emotional distress as a result of the tortfeasor’s actions.
b.	a reasonable person’s fear of an imminent battery.
c.	when a reasonable person suffers physical symptoms from mental anguish.
d.	a tortfeasor’s state of mind in causing emotional distress.
e.	none of the above.

13.

Fraud is best defined as

a.	the tortfeasor knowingly making false statements, or purposefully behaving, so as to deceive the victim.
b.	the tortfeasor pretending to sell the victim one product when, in fact, he or she is selling another, lower quality product.
c.	the tortfeasor taking another person’s personal property and using it for the tortfeasor’s own benefit.
d.	all of the above.
e.	none of the above.

14.

Which of the following statements is true regarding malicious prosecution?

a.	The complainant’s criminal complaint must lack probable cause.
b.	The complainant must have filed frivolous criminal charges with malicious intent.
c.	The accused must be acquitted of the criminal charges or otherwise have them disposed of.
d.	All of the above are true.
e.	None of the above is true.

15.

Which of the following is the best example of intentional infliction of emotional distress?

a.	Setting fire to a wastebasket in an empty classroom
b.	Shouting obscenities at a basketball official in an arena seating 10,000 fans
c.	Calling a friend during an important business meeting to inform him or her of a nonexistent “family emergency”
d.	Spitting on a crowded sidewalk
e.	None of the above

16.

Which of the following is not a type of invasion of privacy?

a.	Appropriation
b.	False light in the public eye
c.	Arson
d.	Unreasonable intrusion
e.	Public disclosure of private facts

17.

Which of the following is the best example of misrepresentation?

a.	A used-car salesperson puts a sign on a 1966 Ford Custom 500 automobile, indicating that it has “low mileage and loving care.”
b.	A politician announces at a fund-raising dinner that, if elected, he or she will vote against new taxes.
c.	A plaintiff’s lawyer tells the defendant’s counsel that settlement is possible, when the plaintiff has previously indicated a desire not to settle.
d.	A roofer states that a homeowner’s entire roof must be replaced, when adequate repairs could be made by replacing a few loose shingles.
e.	None of the above.

18.

What distinguishes fraud from misrepresentation?

a.	In fraud, the victim surrenders something of value to the tortfeasor, which may not necessarily occur with misrepresentation.
b.	There is no distinction; they are interchangeable torts.
c.	Fraud is also a crime, but misrepresentation is only a tort.
d.	Fraud includes the intent to deceive the victim, but misrepresentation can occur even if the tortfeasor is unaware of the falsehood of his or her statements.
e.	None of the above.

19.

Which of the following is the best example of abuse of process?

a.	Judy files a small-claims lawsuit against her next-door neighbor, who keeps dumping trash in Judy’s backyard.
b.	Walter files an unfounded criminal complaint against Ted with the county prosecutor.
c.	Kim files a lawsuit in U.S. District Court against her employer, alleging sexual discrimination.
d.	Murdock files a lien against a customer who has agreed to pay his debt over a period of several months, and all payments have been made (and accepted by Murdock) on time to date.
e.	None of the above.

20.

Which of the following is the best example of malicious prosecution?

a.	Judy files a small-claims lawsuit against her next-door neighbor, who keeps dumping trash in Judy’s backyard.
b.	Walter files an unfounded criminal complaint against Ted with the county prosecutor.
c.	Kim files a lawsuit in U.S. District Court against her employer, alleging sexual discrimination.
d.	Murdock files a lien against a customer who has agreed to pay his debt over a period of several months, and all payments have been made (and accepted by Murdock) on time to date.
e.	None of the above.

21.

Michele runs a radiator repair service. Paul is one of her customers. Michele repaired the cracked radiator in Paul’s 1963 Chevrolet Impala automobile. Paul became upset when one of Michele’s employees spoke rudely to him when he came to pick up the vehicle. The next day, Paul telephoned a local radio call-in program called This Is Your Opinion Out There. Paul told the disc jockey that Michele’s business was “low-class,” that Michele “thought she could do better auto repair work than a man,” and that he’d never again do business with a “brainless broad doing a man’s job.” He managed also to say that Michele “slept around with customers” before the radio station cut him off. Which type(s) of intentional tort(s), if any, has Paul committed against Michele?

a.	Defamation (slander).
b.	Invasion of privacy (false light in the public eye).
c.	Intentional infliction of emotional distress.
d.	All of the above.
e.	None of the above.

22.

Publication is an element of which intentional tort?

a.	Slander
b.	Libel
c.	Defamation
d.	All of the above
e.	None of the above

23.

Samson discovered someone lurking around the back door of his house early one morning. He shouted out the window to the person, “Don’t move, I see you!” and “The police are coming!” The person stood, looking puzzled, and then bent back down to look at Samson’s electric meter. The person worked as a meter reader for the electric company. The meter reader then stood up and walked slowly to his truck. Samson shouted after him, “I got your license plate! The cops will track you down!” Which intentional tort(s), if any, has Samson committed against the meter reader?

a.	Defamation
b.	False imprisonment
c.	Assault
d.	Invasion of privacy
e.	No intentional torts were committed.