True/False
Indicate whether the
statement is true or false.
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1.
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Abuse of process involves civil lawsuits, whereas
malicious prosecution involves criminal
actions.
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2.
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Invasion of privacy occurs through appropriation of
a person’s likeness for profit without
permission.
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3.
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In both intentional and reckless infliction of
emotional distress, the victim must suffer
severe mental anguish.
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4.
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Unreasonable intrusion is an excessive and highly
offensive invasion of one’s seclusion or
solitude.
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5.
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False light in the public eye is a form of
defamation.
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6.
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Libel is written defamation, whereas slander is
oral defamation.
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7.
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Publication is the term associated with abuse of
process.
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8.
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Fraud and misrepresentation are identical
intentional torts.
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9.
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Libel can involve movies, records, DVDs, and
computer programs.
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10.
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To be successful in claiming defamation, a public
figure must show that a statement was
made with actual malice.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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Emotional distress is synonymous with
a. | mental anguish. | b. | shock. | c. | fright. | d. | all of the
above. | e. | none of the
above. |
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12.
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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. |
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13.
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Fraud is best defined as the
tortfeasor
a. | knowingly making false statements, or purposefully
behaving, so as to deceive the victim. | b. | pretending to sell
the victim one product when, in fact, he or she is selling another,
lower-quality
product. | c. | 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. |
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14.
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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. |
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15.
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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 |
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16.
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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 |
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17.
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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 is an example of
misrepresentation. |
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18.
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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 |
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19.
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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 is an example of abuse of
process. |
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20.
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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 is an example of malicious
prosecution. |
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21.
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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 |
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22.
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Publication is an element of which intentional
tort?
a. | Slander | b. | Libel | c. | Defamation | d. | All of the
above | e. | None of the above |
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23.
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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. |
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