Essentials of Business Law and the legal environment Flashcards

Terms Definitions
Nuisance
1. A ____________ is a non-trespassory invasion of another's interest in the private use and enjoyment of land.
a. trespass to real property
b. nuisance
c. interference with contractual relations
d. fraudulent misrepresentation
False pretenses
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
libel
3. A defamatory communication which is typewritten or printed is referred to as
a. libel.
b. slander.
c. false light.
d. fraudulent misrepresentation
Nuisance
4. A nontrespassory invasion of another's interest in the private use and enjoyment of land is
a. disparagement.
b. defamation.
c. trespass.
d. nuisance
Trespas to personal property
5. A parks his car in front of his house. B pushes A's 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.
False
6. A person may employ deadly force to protect his property.
a. True
b. False
Real property
7. A pine tree growing in a forest is
a. personal property.
b. real property.
c. intangible property.
d. converted property.
True
8. A public prosecutor acting in his official capacity who brings a criminal proceeding against a defendant who is acquitted by a jury in less than five minutes has absolute immunity from liability for malicious prosecution.
a. True
b. False
True
9. 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
No, Because marriage is a public and not private act
10. Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the Spring. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister?
a. No, because marriage is a public and not a private fact.
b. No, because telling Henry's 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 Henry's parents is not sufficient publication.
Andrew has committed the tort of intentional infliction of emotional distress against Catherine.
11. Andrew noticed Michael and his pregnant wife Catherine walking down the street and intentionally drove his car into Michael as a joke. Michael wasn't 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.
This could be either defamation or false light
12. Anita included Bob's name and photograph in a list of the FBI's 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.
Arthur has committed neither libel nor slander, because there has been no publication of the letter.
13. 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.
Arthur has committed the tort of libel
14. 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.
Arthur is guilty of both defamation and libel
15. Arthur doesn't like Bradley, so he writes untrue rumors about his personal lifestyle and sexual practices which harm Bradley's 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.
It is unlikely that Arthur has the necessary intent to commit a tort
16. 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.
Intent
17. 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
Publicity
18. 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
True
19. 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
Battery
20. Bodily contact that is harmful or offensive can give rise to the tort of:
a. assault.
b. battery.
c. defamation.
d. appropriation.
The intent to harm the agent is transferred to the secretary who can sue Carl for her injuries.
21. 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 wasn't 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.
recover the value of the time he did not have use of the car
22. Carolyn takes Steve's 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 Steve's 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 car's original price.
d. only recover the car.
shoot the kidnapper since she can protect the baby in the same way as herself.
23. Claudia's 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.
Public disclosure of private facts
24. Cliff's former roommate tells Cliff's 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.
He will win if he can show that he reasonably believed the gun to be real
25. 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.
truth and privilege
26. Complete defense in a defamation suit would result from:
a. lack of motive or intent.
b. conditions without probable cause.
c. truth and privilege.
d. lack of malice.
True
27. Conversion is a civil form of larceny or theft.
a. True
b. False
Reasonable force but no including deadly force
28. Defense of property allows
a. reasonable force including deadly force.
b. reasonable force but not including deadly force.
c. no force.
all of the above are valid defenses
29. 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.
True
30. Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.
a. True
b. False
libel
31. Handwritten, typewritten, printed, or pictorial defamation is:
a. false light.
b. libel.
c. slander.
d. disparagement.
in all of the above ways
32. Harms or injuries that are tortuous may be inflicted:
a. intentionally.
b. negligently.
c. without fault.
d. in all of the above ways.
To the center of the earth
33. 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
a trespasser
34. 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.
actual malice
35. 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.
False
36. In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.
a. True
b. False
the actual cause of the injury
37. In order to support a finding that the defendant's negligence was the proximate cause of the plaintiff's injury, it is first necessary that the defendant's 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.
General not held liable for their torts
38. 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.
assault
39. 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.
false
40. Intentional infliction of emotional distress will protect a person from abusive language and rudeness.
a. True
b. False
intrusion
41. Intentional interference with property does not include:
a. conversion.
b. nuisance.
c. trespass to real property.
d. intrusion.
all of the above
42. Intentional torts that involve interference with personal rights include:
a. battery and assault.
b. false imprisonment and malicious prosecution.
c. defamation and invasion of privacy.
d. all of the above.
all of the above are invasion of privacy
43. Invasion of privacy consists of:
a. appropriation.
b. intrusion.
c. public disclosure of private facts.
d. all of the above are invasion of privacy.
Neither Jack nor Sam is guilty of assault
44. Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an all-night study session. When Jack walked in, Mark's roommate, Sam, was standing behind the door in the dark holding a baseball bat over his head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him.
a. Jack is guilty of assault.
b. Sam is guilty of assault.
c. Both Sam and Jack are guilty of assault.
d. Neither Jack nor Sam is guilty of assault.
none of the above
45. Mary does not want her movie-star cousin Cindy to attend a school dance; Mary phones Cindy and tells her that if she leaves her house on the night of the dance, Mary will send a letter to the dean in which she'll accuse Cindy of being an ax murderess. Cindy, although she knows the accusation is false, is afraid of expulsion from the chess club and very reluctantly remains home and misses the dance. Mary has committed the tort of:
a. libel.
b. slander.
c. false imprisonment.
d. none of the above.
She will lose if there was another exit she could have use
46. Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:
a. she will lose if there was another exit she could have used.
b. she will lose because she was not harmed by the confinement.
c. she will win even if there was another way out because she was, in effect, being confined to the Civic Center.
d. she will win because they were blocking her passage to her car.
Truth
47. Mary's defense to Cindy's suit if Cindy is an ax murderess is:
a. familial privilege.
b. the statement was made without malice.
c. truth.
d. that the dean never published the letter.
Malice
48. Mary's friend, Cindy, is a movie star and in order to maintain a defamation action, she will probably have to prove the additional element of:
a. false imprisonment.
b. truth.
c. infliction of emotional distress.
d. malice.
The consent is not valid because of the intentional actions of the Pittsburgh end
49. On December 2, the Houston Oilers were playing the Pittsburgh Steelers. On a particular play, the Pittsburgh defensive end who was rather frustrated because Manning, the quarterback, had completed passes for 450 yards, grabbed Manning by the faceguard, jerked Manning's helmet off and hit Manning over the head with it. Manning filed suit against the Pittsburgh defensive end. The Pittsburgh defensive end contends that he has a valid defense to this tort in that Manning consented to participate in the game. Which of the following most accurately represents the status of that defense?
a. This is a valid defense.
b. The defense is not valid because football is a rough game.
c. The defense is not valid because football involves tackling and bodily contact and the most that could be derived from this would be a 15-yard penalty.
d. The consent is not valid because of the intentional actions of the Pittsburgh end.
intentional infliction of emotional distress
50. One of the newer types of wrongdoing recognized as tortuous and imposing liability upon the wrongdoer for money damages is that of:
a. defamation.
b. appropriation.
c. intentional infliction of emotional distress.
d. interference with contractual relations.
disparagement
51. One who publishes a false statement that results in harm to another's monetary interest, and the publisher knows the statement is false, is guilty of
a. intrusion.
b. defamation.
c. disparagement.
d. libel.
disparagement
52. One who speaks a false statement to a third person that results in harm to another's monetary interest, and the speaker knows the statement is false, is guilty of
a. slander.
b. defamation.
c. disparagement.
d. libel.
Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement.
53. Sarah Student joined a religious cult while a student at Ivory Towers State University. Her father hired a deprogrammer who spent several weeks with her during which they occasionally went on outings. After Sarah met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment.
a. Sarah will win because this is clearly false imprisonment.
b. Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement.
c. Sarah has committed the tort of malicious prosecution.
d. Sarah's parents are guilty of intrusion but not of false imprisonment.
True
54. The Crackle Breakfast Food Company puts Arthur Attorney's picture on the Crackle box without first getting Arthur's permission. Arthur can sue for appropriation.
a. True
b. False
interference with contractual relations
55. The following is the intentional and improper interference with the performance of a contract by inducing one of the parties not to perform it.
a. breach
b. fraudulent misrepresentation
c. disparagement
d. interference with contractual relations
It is unlikely that the hometown News is guilty of any tort
56. The Hometown News snapped a picture of Tim Teenager as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper. Headline read "Local citizen enjoys summer weather on lunch break."
a. The Hometown News is guilty of intrusion.
b. The Hometown News is guilty of false light.
c. The Hometown News is guilty of appropriation.
d. It is unlikely that the Hometown News is guilty of any tort.
conversion
57. The intentional control or dominion of another's personal property to the extent that the owner can not use it for a long period of time is the tort of:
a. nuisance.
b. conversion.
c. appropriation.
d. larceny.
trespass to personnel property
58. The intentional dispossession or unauthorized use of the personal property of another is known as:
a. conversion.
b. trespass to personal property.
c. fraud.
d. stealing.
conversion
59. The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is:
a. trespass to personal property.
b. interference with economic interests.
c. conversion.
d. fraudulent misrepresentation.
Publicity, which deals with statements made by Congress on the floor of Congress
60. The invasion of a person's right to privacy consists of four distinct torts, which of the following does not constitute such a tort?
a. Appropriation of a person's name or likeness
b. Unreasonable publicity which places another in a false light in the public eye
c. Unreasonable intrusion upon the seclusion of another
d. Publicity, which deals with statements made by Congress on the floor of Congress
the individual(s) who own the land surrounding the lake.
61. The owner of the bottom of a lake located in Jacksonville, Florida, which has no stream flowing either into or out of it is
a. the State of Florida.
b. the City of Jacksonville.
c. no one.
d. the individual(s) who own the land surrounding the lake.
disparagement
62. The publication of a knowingly false statement that results in harm to another's economic or monetary interests is
a. nuisance.
b. conversion.
c. interference with contractual relations.
d. disparagement.
True
63. The same act can be both a tort and a crime.
a. True
b. False
defamation
64. The tort of ____________ is a false communication which is given to one person other than the person who is the subject of the communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.
a. false light
b. intrusion
c. defamation
d. disparagement
all of the above
65. The tort of conversion
a. includes the intentional destruction of personal property.
b. includes the use of personal property in an unauthorized manner.
c. entitles the possessor to recover the full value of the converted property.
d. all of the above.
appropriation
66. The unauthorized use of another's name or likeness for one's own benefit:
a. intrusion.
b. appropriation.
c. public disclosure of private facts.
d. false light.
First Amendment
67. There is a ____________ privilege to comment regarding public officials or public figures so long as it is done without malice.
a. Fourth Amendment
b. First Amendment
c. conditional
d. absolute
Steve is a trespasser
68. Tim and Steve are roughhousing in the front yard of Tim's parents when Steve intentionally pushes Tim onto the neighbor's property.
a. Tim is a trespasser.
b. Steve is a trespasser.
c. Tim and Steve both are trespassers.
d. None of the above.
Tim and his friends are guilty of trespass to real property, because they played ball in Harold's yard.
69. Tim Teenager has the permission of Harold Homeowner to walk across his yard on the way to school. Tim now brings twenty of his friends across the yard, and they stop to play ball.
a. Tim is not guilty of trespass to real property, because he had Harold's permission to cross the yard.
b. Tim's friends are not guilty of trespass to real property, because they were with Tim.
c. Tim is guilty of trespass to real property, because he walked across the yard.
d. Tim and his friends are guilty of trespass to real property, because they played ball in Harold's yard.
True
70. Timothy Teenager and his friend are playing catch in the backyard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property even if Tim himself does not go onto the property to get the ball.
a. True
b. False
false, and communicated to many people
71. To have the tort of false light, you must show that the information communicated was
a. true, and communicated to many people.
b. false, and communicated to many people.
c. true, and communicated to a minimum of one other person.
d. false, and communicated to a minimum of one other person.
True
72. Tort law is primarily common law.
a. True
b. False
truth and privilege
73. Two absolute defenses to the tort of defamation are:
a. truth and self-defense.
b. truth and privilege.
c. privilege and self-defense.
d. truth and defense of property.
intrusion
74. Viewing the private papers or emails of another person without permission is an example of
a. intrusion.
b. public disclosure of private facts.
c. false light.
d. appropriation.
e. defamation.
all of the above
75. Which of the following can be raised as a defense to a claim of defamation?
a. That the statement was true
b. That there was a constitutional privilege to comment about the plaintiff and that the statement was made without malice
c. That there was a conditional privilege to comment on the matter alleged to be defamatory
d. All of the above
all of the above
76. Which of the following is a defense to an intentional tort?
a. Consent
b. Self-defense
c. Defense of property
d. All of the above
Fruit on a tree
77. Which of the following is an example of personal property?
a. Coal in the ground
b. Fruit on a tree
c. Growing pine trees
d. A board built into the wall of a house
Restitution
78. Which of the following is not a component of a tort?
a. Proximate cause
b. Breach of duty
c. Restitution
d. Duty
Federal
79. Which of the following is not a privilege?
a. Absolute
b. Federal
c. Constitutional
d. Conditional
Subjective privilege
80. Which of the following is not a type of defense to defamation?
a. constitutional privilege.
b. subjective privilege.
c. conditional privilege.
d. absolute privilege.
defamation
81. Which of the following is not an invasion of a person's right to privacy?
a. appropriation
b. unreasonable public disclosure of private facts
c. defamation
d. false light
Defamation
82. Which of the following is not characterized by publication?
a. False Light
b. Appropriation
c. Public Disclosure of Private Facts
d. Defamation
assault
83. Which of the following places another in apprehension of immediate bodily harm?
a. infliction of emotional distress
b. false imprisonment
c. battery
d. assault
defamation
84. Which of the following requires communication to but one person other than the person who is the subject of the communication to be a tort?
a. public disclosure of private facts
b. defamation
c. false light
d. intrusion
Nuisance
85. Which one of the following is NOT one of the torts included within invasion of privacy?
a. Nuisance
b. Intrusion
c. Appropriation
d. False light
Battery only
86. While having lunch in the cafeteria, Sid notices his best friend being picked on by the class bully, Neal. Sid picks up a handy stick, sneaks up behind Neal and knocks him unconscious. Most likely Sid has committed the tort of:
a. assault only.
b. assault and battery.
c. battery only.
d. defamation only.
assault and battery
87. While having something to eat for lunch in the cafeteria, Neal sees Sid in a mirror, but he is unable to escape the blow. Most likely Sid has committed the tort of:
a. assault only.
b. battery only.
c. defamation only.
d. assault and battery.
the state of Florida
88. Who owns the rivers and streams of Florida?
a. The landowners on either side of the stream own to the middle.
b. No one, but the landowners on either side own the land under the stream to the middle.
c. The State of Florida.
d. The U.S. government.
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