Chapter 6

Question 1

A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress.
True or False

Answer 1

True

Question 2

Libel is written defamation, while slander is oral defamation.
True or False

Answer 2

True

Question 3

The local newspaper printed an article about the mayor. The author of the article claimed the mayor cheated on a test in college and was expelled. If the accusation is false, in order to sue for defamation the mayor must prove which of the following?

Multiple Choice

Absolute privilege

Conditional malice

Conditional privilege

Actual malice

Answer 3

Actual malice

Question 4

What type of damages are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive?

Multiple Choice

Compensatory

Consequential

Nominal

Punitive

Answer 4

Punitive

Question 5

Which of the following is true regarding trespass to land?

Multiple Choice

Any entry by a person onto land in the possession of another is a trespass, even if the entry is done with the possessor’s permission.

Any entry by a person onto land in the possession of another is a trespass, even if the entry is privileged.

If no actual losses result from a trespass, the plaintiff usually will recover only nominal damages.

Actual harm to the property is necessary for trespass.

Answer 5

If no actual losses result from a trespass, the plaintiff usually will recover only nominal damages.

Question 6

Which of the following is an example of a public figure?

Multiple Choice

A professor

A dentist

The president of the U.S.

An accountant

Answer 6

The president of the U.S.

Question 7

The least touching can be a battery if it causes injury or would be considered offensive to __________.

Multiple Choice

a plaintiff of extraordinary sensibilities

a person of ordinary sensibilities

the twelve members of the trial jury

a neutral and detached judge, magistrate, arbitrator or mediator

Answer 7

a person of ordinary sensibilities

Question 8

Because libel is oral, and therefore considered less damaging, a person may not recover for it without proving actual damages, unless the nature of the defamatory state­ment is so serious that the law has classified it as slander per se.
true or false

Answer 8

false

Question 9

Private wrongs against persons or property are referred to as:

Multiple Choice

Crimes

Torts

Contracts

Violations

Answer 9

Torts

Question 10

A person who commits an assault has not by definition also committed a battery.
true or false

Answer 10

true

Question 11

Which of the following are damages in excess of the plaintiff’s actual injuries that are used to punish a defendant and deter others from repeating the plaintiff’s behavior?

Multiple Choice

Punitive

Abusive

Malicious

Compensatory

Answer 11

Punitive

Question 12

Which of the following is an invasion of privacy?

Multiple Choice

The police lawfully searching a suspect’s home.

A bill collector calling the debtor at home during daytime hours in an attempt to locate the debtor.

A doctor calling a patient at work to discuss the dosage of prescription medications.

Obscene phone calls.

Answer 12

Obscene phone calls.

Question 13

Persons who are injured by the tortious act of another may file a civil suit for actual damages to compensate them for their injuries.

True or False

Answer 13

True

Question 14

To keep Jamila from leaving the house, Sarah locked the front door of her house but forgot to lock the back door. Sarah has falsely imprisoned Jamila.
true or false?

Answer 14

false

Question 15

There is no legal difference between conversion and trespass to personal property.
true or false

Answer 15

false

Question 16

The United States Supreme Court requires that actual malice be proved when:

Multiple Choice

individuals sue public figures for assault or battery.

public officials sue the media for false and defamatory statements.

public officials are found strictly liable for a crime.

individuals sue the media for publishing negative statements of their favorite public figures.

Answer 16

public officials sue the media for false and defamatory statements.

Question 17

A drive-in restaurant called Good Burgers strongest competitor ran a radio advertisement fraudulently stating that hamburgers from Good Burgers had horse meat in them as a cost-cutting measure. Good Burgers’ business dropped by 50% since the advertisement began running on the local station. Good Burgers’ lawyer wants to sue the competitor but is unsure as to which tort has been committed. Which of the following torts is most applicable to Good Burgers’ situation?

Multiple Choice

Assault

Disparagement

Conversion

Interference with contract

Answer 17

Disparagement

Question 18

Torts are public (criminal) wrongs against persons or property.
true or false

Answer 18

false

Question 19

Which of the following accurately sets forth the burden of proof in a tort case?

Multiple Choice

The standard of proof in a tort case is proof beyond a reasonable doubt which means that when both sides have presented their evidence, no other logical explanation can be derived from the facts except that the plaintiff is entitled to prevail.

The standard of proof in a tort case is proof beyond a reasonable doubt which means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side.

The standard of proof in a tort case is proof by a preponderance of the evidence which means that when both sides have presented their evidence, no other logical explanation can be derived from the facts except that the plaintiff is entitled to prevail.

The standard of proof in a tort case is proof by a preponderance of the evidence which means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side.

Answer 19

The standard of proof in a tort case is proof by a preponderance of the evidence which means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side.

Question 20

The plaintiff’s burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side.
true or false?

Answer 20

true