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1.

A ____________ is a non-trespassory invasion of anothers 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 anothers 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 As 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.

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

9.

Alice was briefly married at the age of 16. She is now 28 years old and plans to
marry Henry in the Spring. Henrys sister found out about Alices first marriage
and then told Henrys parents. Alice now wants to sue Henrys sister for public
disclosure of private facts. Does Alice have a case against Henrys sister?
a. No, because marriage is a public and not a private fact.
b. No, because telling Henrys 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
Henrys parents is not sufficient publication.

10. Andrew noticed Michael and his pregnant wife Catherine walking down the
street and intentionally drove his car into Michael as a joke. Michael wasnt
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.
11. Anita included Bobs name and photograph in a list of the FBIs 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.
12. 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.

13. 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.
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.
14. Arthur doesnt like Bradley, so he writes untrue rumors about his personal
lifestyle and sexual practices which harm Bradleys reputation in the community.
a. Arthur is guilty of libel.
b. Arthur is guilty of defamation.
c. Arthur is guilty of slander.
d. Arthur is guilty of both defamation and libel.
15. Arthur fired a gun in the middle of the desert. He intended to fire the gun, but
had no reason to believe anyone else was in the area. The bullet hit Bob, who
happened to be riding his ATV across the desert.
a. Arthur has committed the tort of assault.
b. Arthur has committed the tort of battery.
c. It is unlikely that Arthur has the necessary intent to commit a tort.
d. Arthur has committed the tort of intentional infliction of emotional distress.
16. As used in tort law, ____________ does not require a hostile or evil motive but
rather denotes that the actor desires to cause the consequences of his act.
a. battery
b. intent
c. assault
d. defamation
17. As with intrusion, the tort regarding public disclosure of private facts applies to
private, not public information regarding an individual, but unlike intrusion it
requires ____________.
a. publicity
b. intent
c. malice
d. disregard
18. Big Bucks, Inc. fires one of its employees and then, when asked for a reference
on him makes some untrue statements which prevent him from finding a job.
Big Bucks is liable for defamation.
a. True
b. False
19. Bodily contact that is harmful or offensive can give rise to the tort of:
a. assault.
b. battery.
c. defamation.

d.

appropriation.

20. Carl Criminal threw a bomb into the office of his insurance agent intending to
kill the agent because the company had disallowed his claim. The agent wasnt
in the building, but the bomb seriously injured his secretary, who was working in
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.
21. Carolyn takes Steves 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
Steves 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 cars original price.
d. only recover the car.
22. Claudias 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.
23. Cliffs former roommate tells Cliffs 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.
24. 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.

25. Complete defense in a defamation suit would result from:


a. lack of motive or intent.
b. conditions without probable cause.
c. truth
d. lack of malice.
26. Conversion is a civil form of larceny or theft.
a. True
b. False
27. Defense of property allows
a. reasonable force including deadly force.
b. reasonable force but not including deadly force.
c. no force.
28. 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.
29. Disparagement differs from defamation in that defamation pertains to personal
reputation, whereas disparagement pertains to business interests.
a. True
b. False
30. Handwritten, typewritten, printed, or pictorial defamation is:
a. false light.
b. libel.
c. slander.
d. disparagement.
31. Harms or injuries that are tortuous may be inflicted:
a. intentionally.
b. negligently.
c. without fault.
d. in all of the above ways.
32. 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
33. 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.

34. 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.
35. In order to sue for battery, a plaintiff must prove that he or she has received a
physical injury.
a. True
b. False
36. In order to support a finding that the defendants negligence was the proximate
cause of the plaintiffs injury, it is first necessary that the defendants conduct
was:
a. the actual cause of the injury.
b. a negligent act.
c. intended to harm the plaintiff.
d. the cause of harm to the plaintiff.
37. Incompetent individuals are:
a. generally held liable for their torts.
b. generally not held liable for their torts.
c. generally held liable if they are over 18 years of age.
d. generally held liable only if the tort is also a crime.
38. Intentional conduct by one person directed at another that places the other in
apprehension of immediate bodily harm or offensive contact is called
a. battery.
b. assault.
c. false imprisonment.
d. infliction of emotional distress.
39. Intentional infliction of emotional distress will protect a person from abusive
language and rudeness.
a. True
b. False
40. Intentional interference with property does not include:
a. conversion.
b. nuisance.
c. trespass to real property.
d. intrusion.

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