,Name: Class: Date:
Chap 08_9e_Standard
Indicate whether the statement is true or false.
1. Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful
misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for
defamation based on what Ahmi said in court.
a. True
b. False
2. Public officials can win a defamation case only by proving the defendant's actual malice.
a. True
b. False
3. A witness testifying in a court or legislature may never be sued for defamation.
a. True
b. False
4. Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward
the umpire. She yells, “Watch out!” The umpire ducks and the ball misses him. Since there was no physical
contact, no assault or battery occurred.
a. True
b. False
5. The First Amendment guarantee of freedom of speech is an absolute right.
a. True
b. False
6. In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor's Smell
Sweet lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not
violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.
a. True
b. False
7. Lori works for Big Corporation. The existing contract between Lori and Big Corporation can be terminated at
will by either party. Richard, the owner of a small store, offers to pay Lori much more money if she will leave
Big Corporation and work for his store. When Lori starts to work for Richard, Big Corporation correctly claims
Richard is liable for tortious interference with a contract.
a. True
b. False
8. Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it
would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.
a. True
b. False
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,Name: Class: Date:
Chap 08_9e_Standard
9. The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past
and future expenses.
a. True
b. False
10. There are four elements to a defamation case, and the plaintiff in any kind of lawsuit must prove one of the four
elements to prevail.
a. True
b. False
11. Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.
a. True
b. False
12. A tort is a violation of a duty imposed by the civil law.
a. True
b. False
13. A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in
her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.
a. True
b. False
14. If Gloria threw a rock that hit Merle, she is liable for an intentional tort of battery only if she intended to injure or
harm Merle.
a. True
b. False
15. In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the
defendant acted in an extreme and outrageous manner.
a. True
b. False
Indicate the answer choice that best completes the statement or answers the question.
16. Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam,
wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and
demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her.
Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off
and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of
emotional distress?
a. Yes, as his conduct was intentional.
b. Yes, but only if Adam intended to cause Linda serious emotional distress.
c. No, since he was only playing a practical joke.
d. No, since Linda was not physically hurt by Adam.
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, Name: Class: Date:
Chap 08_9e_Standard
17. Which of the following guarantees that a witness testifying in a court or legislature may never be sued for
defamation?
a. recovery principle
b. protected right to slander
c. defamation privilege
d. absolute privilege
18. Which of the following statements is correct regarding the differences between contract, tort, and criminal law?
a. Tort and criminal law both impose a punishment for the defendant including prison and/or a fine.
b. Criminal law imposes duties of conduct on all persons.
c. Contract law awards money damages for the plaintiff; tort and criminal law do not.
d. Criminal law is prosecuted by the government.
19. Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no.
Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian “below the belt.” Which
statement is correct?
a. Ann defamed Brian.
b. Ann committed the tort of trespass.
c. Ann committed the tort of interference with a prospective advantage.
d. Ann committed the tort of battery.
20. Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face.
She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation
occurred?
a. No, because no one else received the defamatory message besides Marco.
b. No, because Soledad did not put her accusation in writing.
c. Yes, because Soledad's accusation was false.
d. Yes, because Marco's feelings were hurt.
21. Which of the following is the general goal of compensatory damages?
a. to find a way to help the defendant avoid jail time for his or her crime
b. to restore the plaintiff to the position he or she was in before the injury
c. to punish the defendant for extreme and outrageous conduct
d. to make the defendant suffer as much as the plaintiff suffered
22. Taking or using someone's personal property without consent is referred to as
a. fraud.
b. negligence.
c. conversion.
d. trespassing.
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