Midterm review, Chapters 1 - 7,

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A crime is:
a.
a private wrong that necessitates litigation between the victim and the perpetrator.
b.
any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it.
c.
litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct.
d.
wrongful conduct as set forth in statutes that constitute the supreme law of the land.

B

The separation of powers involves:
a.
the federal judiciary.
b.
the Congress.
c.
the executive branch.
d.
All of the above.

D

The decision of an equity court is called a(n):
a.
judgment.
b.
decree.
c.
stare decisis.
d.
injunction.

B

A constitution:
a.
restricts powers of government.
b.
specifically enumerates certain liberties of the people.
c.
establishes governmental structure.
d.
All of the above.

D

Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of __________ has expanded enormously.
a.
common law
b.
administrative law
c.
procedural law
d.
equity

B

Which of the following is a true statement?
a.
A treaty signed by the president and approved by the Senate has the legal force of a federal statute.
b.
A federal statute may supersede a prior treaty.
c.
Both (a) and (b).
d.
Neither (a) nor (b).

C

The sources of law in the American legal system include:
a.
state administrative orders.
b.
executive orders.
c.
ordinances.
d.
All of the above.
e.
(a) and (c), but not (b) or (d)

D

The source of law best suited to making drastic or comprehensive change is:
a.
common law.
b.
the federal court system.
c.
statutes.
d.
state court decisions.

C

The National Conference of Commissioners on Uniform State Laws:
a.
was created by President Bill Clinton to study and report on the Uniform Commercial Code.
b.
is another name for the American Law Institute.
c.
has drafted only five uniform laws: the UCC, the Uniform Partnership Act, the Uniform Limited Partnership Act, the Uniform Probate Code, and the Model Business Corporation Act.
d.
has drafted over 200 uniform laws.

D

Characteristics of a common law system include which of the following?
a.
A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.
b.
In a common law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.
c.
The common law system prevails in most of Europe and Scotland.
d.
A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

D

The doctrine of stare decisis means that:
a.
the common law has not been able to evolve in a stable and predictable manner.
b.
decisions can be overruled.
c.
courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
d.
courts are not allowed to correct erroneous decisions or to choose among conflicting precedents.

C

Which of the following is correct with regard to treaties in the United States legal system?
a.
They have no legal effect.
b.
Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate.
c.
They have no effect on business law.
d.
They must be approved by the states before they have the force of law.

B

A default judgment is:
a.
a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims.
b.
a pleading that is a statement of the initial claim against the defendant.
c.
an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy.
d.
a judgment against a defendant who fails to respond to a complaint.

D

Appellate judges can reverse a decision of the trial court:
a.
where any error below is found.
b.
only where there was a prejudicial error that substantially affected the appellant's rights and duties.
c.
only where the outcome of the case is clearly wrong.
d.
where the losing party desires a new trial

B

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district court:
a.
because of federal question jurisdiction.
b.
because there is always federal jurisdiction if there is diversity of citizenship.
c.
if the amount in controversy is over $75,000.
d.
if the accident occurred outside of Illinois or Wisconsin.

C

Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:
a.
once resided in State A.
b.
uses a product produced in State A.
c.
made a contract in State A.
d.
has relatives in State A.

C

Which of the following are pleadings?
a.
Complaint, summons, answer, reply.
b.
Interviews, discovery, witness list, arbitration.
c.
Summons, depositions, written interrogatories, voir dire.
d.
Both (a) and (b).

A

One method of appealing a case to the U.S. Supreme Court is by:
a.
writ of execution.
b.
offer of proof.
c.
writ of certiorari.
d.
request for admissions.

C

Diversity of citizenship exists when:
a.
the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens.
b.
a foreign country brings an action against citizens of the United States.
c.
the controversy is between citizens of the United States and citizens of a foreign country.
d.
All of the above.

D

The pleadings in a lawsuit include:
a.
the complaint.
b.
an answer.
c.
written interrogatories.
d.
Both (a) and (b) above.

D

A writ of execution as used in civil law litigation allows:
a.
the plaintiff to demand payment from the defendant of a judgment won in court.
b.
the governor of a state to demand execution of a convicted felon who has received a death sentence by a jury.
c.
the clerk of court to issue a demand for a new trial.
d.
the plaintiff, without further process, to obtain a portion of the defendant's wages.

A

Janet's husband, John, is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news. If the defendant asks the judge to excuse John from serving on the jury and the judge agrees:
a.
this is a valid challenge for cause.
b.
this is a valid peremptory challenge.
c.
this is not a valid challenge.
d.
the plaintiff's attorney can have John serve by making an offer of proof to the judge.

A

Which of the following is NOT a way in which a case can reach the United States Supreme Court?
a.
Appeal by right.
b.
Stare decisis.
c.
Writ of certiorari.
d.
All of the above are ways for a case to reach the U.S. Supreme Court.

B

The procedural stage of a lawsuit after the pleadings but before trial is the:
a.
peremptory challenge stage.
b.
discovery stage.
c.
special verdict stage.
d.
offer of proof stage.

B

Jessup and Lange are having a dispute regarding some property. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:
a.
litigation.
b.
arbitration.
c.
mediation.
d.
a summary jury trial.

B

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able files a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction. In this case:
a.
only the Iowa courts can hear the case.
b.
the Iowa federal district court can hear the case based on diversity of citizenship.
c.
the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
d.
the Kansas federal district court can hear the case based upon diversity of citizenship.

C

A decision of the U.S. Supreme Court on a federal question is:
a.
binding on all federal, but not state, courts.
b.
binding on all federal and state courts.
c.
not binding, but is advisory, on all federal and state courts.
d.
not binding or advisory on state courts.

B

In diversity of citizenship cases, federal courts apply:
a.
federal substantive and procedural law.
b.
state substantive and procedural law.
c.
state procedural and federal substantive law.
d.
federal procedural and state substantive law.

D

In the World-Wide Volkswagen Corp. v. Woodson case, the Supreme Court found that:
a.
for a state to exercise jurisdiction over the parties to a lawsuit, there must be sufficient minimal contacts between the defendant and the state.
b.
the occurrence of an accident within a certain state is a sufficient circumstance for that state to exercise jurisdiction over the parties.
c.
the Due Process Clause of the Constitution was violated because of inadequate notice to the defendant.
d.
a business must solicit business in a particular state, either through salespersons or advertising, in order to be subject to the jurisdiction of that state's courts.

A

Patricia has a valid judgment against David. David lives in California, where he owns thousands of acres of beach-front property, unrelated to the judgment. Patricia may execute her judgment in California based on what type of jurisdiction?
a.
Subject matter jurisdiction.
b.
Concurrent federal jurisdiction.
c.
Quasi in rem jurisdiction.
d.
Diversity of citizenship jurisdiction.
e.
She may not execute her judgment in California.

C

An example of a special court in the federal judicial system is the:
a.
U.S. Court of Federal Claims.
b.
Federal District Court.
c.
U.S. Supreme Court.
d.
U.S. Court of Appeals.

A

If the judge denies a __________, then the defendant has the opportunity to present witnesses. However, if the judge grants the motion, then the judge takes the case away from the jury and enters a judgment for the party making the motion.
a.
motion for a new trial
b.
motion for a directed verdict
c.
offer of proof
d.
motion for change of venue

B

Able, a resident of New York, has a dispute with Baker, a resident of Illinois, involving a contract signed and performed in New York. His damages amount to $50,000, and he wants to sue. The case can be brought:
a.
in the New York state courts.
b.
in the New York federal court.
c.
only in the Illinois state courts.
d.
in either the New York state courts or the New York federal court.

A

Concurrent federal jurisdiction could exist for cases involving:
a.
admiralty.
b.
treaties of the United States.
c.
antitrust.
d.
All of the above.

B

What are the ways that cases may reach the U.S. Supreme Court?
a.
Appeal by right.
b.
Writ of certiorari.
c.
Writ in personam.
d.
(a) and (b), but not (c)

D

State trial courts of general jurisdiction:
a.
may be called county, district, common pleas, or supreme courts.
b.
have a dollar limitation on their jurisdiction in civil cases.
c.
cannot hear criminal cases.
d.
maintain no formal records of their proceedings.

A

"Commercial speech" includes:
a.
expressions related to the economic interests of the speaker and her audience.
b.
speech proposing commercial transactions.
c.
advertisements for a service.
d.
All of the above.

D

The main purpose of the Bill of Rights was to:
a.
enumerate all of the rights of U.S. citizens.
b.
list the powers of the federal government.
c.
provide for restrictions on the power of the federal government.
d.
provide limitations on the powers of individuals.

C

The states may enact legislation concerning a subject in which there is a federal statute if:
a.
Congress has not clearly indicated that it intends to control that subject matter.
b.
the states petition the Supreme Court for permission.
c.
the state legislation falls within the "necessary and proper" clause.
d.
the states reserve the right at the time the federal statute is enacted.

A

Judicial review extends to:
a.
legislation.
b.
acts of the executive branch.
c.
decisions of inferior courts.
d.
All of the above.

D

The Contract Clause prevents a state from:
a.
making contracts with private individuals.
b.
affecting any agreements between two parties.
c.
changing contracts after they have been made.
d.
contracting with another state.

C

Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary was reported to have been disbarred in another state ten years previously. It is not true of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper:
a.
simply by proving the falsity of the statement.
b.
only if Frank was not disbarred.
c.
only if he can prove that the paper acted with actual malice.
d.
only if he can show harm to his character resulted from the statement.

C

The intermediate equal protection test:
a.
does not require governmental action to bear a substantial relationship to an important governmental objective.
b.
eliminates the strong presumption of the constitutionality of legislation that exists under the rational relationship test.
c.
does not allow taking into legislative consideration the natural physical differences of gender.
d.
requires that men and women be treated exactly the same with regard to governmental action.

B

Like the federal government's power to tax, its power to spend will be upheld so long as it does not:
a.
violate a specific constitutional limitation on federal power.
b.
restrict the states' constitutional limitations.
c.
cause undue hardship to the states.
d.
interfere with commercial trade.

A

John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:
a.
deferring to the legislature to determine whether such a classification of persons is constitutionally permissible.
b.
clear and convincing evidence that there is no reasonable basis for the legislation.
c.
the rational relationship test.
d.
the strict scrutiny test.

D

In the Brentwood Academy v. Tennessee Secondary School Athletic Association case, the U.S. Supreme Court held that:
a.
state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself.
b.
as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions.
c.
the Association is an organization of natural persons acting on their own.
d.
the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

A

The Commerce Clause in combination with the __________ limits the power of the state to tax.
a.
Fifth and Fourteenth Amendments
b.
Fourteenth Amendment
c.
separation of powers
d.
Import-Export Clause

D

For the purposes of procedural due process, __________ includes certain entitlements conferred by government, such as social security payments and food stamps.
a.
the right of free speech
b.
equal protection
c.
property
d.
liberty

C

Because defamation involves a communication, the protection of the __________ Amendment applies.
a.
Fourth
b.
Fifth
c.
First
d.
Fourteenth

C

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.
a.
First
b.
Ninth
c.
Thirteenth
d.
Fourteenth

C

Which amendment prohibits the government from depriving any person of life, liberty, or property without due process of law?
a.
First.
b.
Fifth.
c.
Fourteenth.
d.
Both (b) and (c).
e.
All of the above.

D

If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine.
a.
state action
b.
federal preemption
c.
interstate commerce
d.
supremacy

A

All but which of the following is an exclusive federal power?
a.
The power to establish laws regarding bankruptcy.
b.
The power to grant copyrights.
c.
The power to enter into treaties.
d.
Police power.

D

The U.S. Supreme Court has:
a.
used the Contract Clause to restrict states from retroactively modifying public charters and private contracts.
b.
held that the Contract Clause precludes states from exercising their police powers.
c.
held that the Contract Clause precludes states from exercising eminent domain.
d.
All of the above.

A

Martinez and Lopez practice law solely within the state of Texas. The law practice:
a.
may be subject to federal antitrust laws under the power granted by the Commerce Clause under certain circumstances.
b.
cannot be subject to federal antitrust laws under the power granted by the Commerce Clause because the activities are conducted within one state.
c.
is subject to federal antitrust regulation under the federal police powers.
d.
Both (b) and (c).

A

A woman claiming sex discrimination because she was passed over for a promotion by her employer, a local corporation specializing in the manufacture of automobile parts, would have her case reviewed under the __________ test of the Equal Protection Clause.
a.
rational relationship
b.
intermediate
c.
strict scrutiny
d.
None of the above

D

Which equal protection test is applied to cases based on gender and legitimacy?
a.
The rational relationship test.
b.
The strict scrutiny test.
c.
The intermediate test.
d.
All of the above.

C

Which of the following is included within the term "property" for purposes of procedural due process?
a.
Real property.
b.
Social security payments.
c.
Food stamps.
d.
All of the above.

D

How does the due process clause of the Fourteenth Amendment differ from the due process clause of the Fifth Amendment?
a.
The Fourteenth Amendment clause protects individuals from violations of their rights by state governments.
b.
The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not.
c.
The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government.
d.
The Fourteenth Amendment clause requires the application of strict scrutiny in all cases.

A

What term refers to the entire set of activities in which an administrative agency engages?
a.
Rulemaking.
b.
The administrative process.
c.
Promulgating.
d.
Enforcement.

B

Administrative statutes issued by an agency are known as:
a.
legislative rules or regulations.
b.
interpretive rules.
c.
hybrid rules.
d.
procedural rules.

A

Much of federal, state, and local law in this country has been established by __________, which people label as the "fourth branch of government" because they possess tremendous power.
a.
executive committees
b.
administrative agencies
c.
the courts
d.
legislatures, including Congress

B

Rulemaking powers of federal agencies are primarily governed by the:
a.
SEC.
b.
APA.
c.
FCC.
d.
NHTSA.

B

Administrative agencies perform what basic function?
a.
Rulemaking.
b.
Law enforcement.
c.
Adjudication.
d.
All of the above.
e.
None of the above.

D

An administrative law judge for the Federal Trade Commission decides a case against a retail store chain. The company then appeals the decision to the commission itself. Which of the following is correct regarding the appeal of the case from the administrative law judge to the commission?
a.
The commission may decide the case de novo.
b.
There is no appeal from the decision of the ALJ.
c.
The commission will decide the case by having a jury trial.
d.
The rules of evidence will be strictly applied by the commission in deciding the case.

A

In reviewing an agency action, which of the following are included in the questions of law a court will consider?
a.
Whether the agency violated any constitutional provision.
b.
Whether the agency acted contrary to the procedural requirements of the law.
c.
Whether the agency exceeded its authority.
d.
All of the above.

D

What is required by the substantial evidence test?
a.
The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
b.
It permits the court to try the facts de novo.
c.
It requires that the agency set aside action if it is prejudicial.
d.
It requires proof beyond a reasonable doubt.

A

The Government in the Sunshine Act covers all but which of the following agencies?
a.
Consumer Product Safety Commission.
b.
Commodity Futures Trading Commission.
c.
Environmental Protection Agency.
d.
Securities and Exchange Commission.

C

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities. These statutes include:
a.
Freedom of Information Act.
b.
Government in the Sunshine Act.
c.
Both (a) and (b) are correct.
d.
Neither (a) nor (b).

C

In investigating conduct to determine whether the enabling statute has been violated, an agency is subject to all but which of the following limitations?
a.
The investigation must be authorized by law and undertaken for a legitimate purpose.
b.
The information sought must be relevant.
c.
The information sought must be privileged.
d.
The demand for information must be sufficiently specific.

C

The court in the American Airlines, Incorporated v. Department of Transportation case held:
a.
the APA expressly requires notice in informal or formal adjudications.
b.
courts have inferred a requirement of notice in informal adjudications.
c.
to be valid, legislative rules must not exceed the actual authority granted to the agency by the enabling statute.
d.
the doctrine of standing requires a plaintiff seeking injunctive relief to show he is under threat of suffering injury in fact that is concrete.

B

The crime of larceny includes in its definition:
a.
the nontrespassory taking and control of personal property.
b.
the trespassory taking and carrying away of personal property.
c.
assault.
d.
the taking and control of personal or real property.

B

Which of the following constitutes computer crime?
a.
Theft or vandalism of computer hardware, software, or secrets.
b.
Distributing child pornography via computer.
c.
Implanting a malicious code.
d.
All of the above.

D

The defense of entrapment arises when:
a.
a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not.
b.
any person induces any other person to commit a crime when the person induced would not ordinarily have done so.
c.
a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.
d.
law enforcement officials act aggressively to prevent a crime.

C

Which of the following is correct with respect to a grand jury?
a.
The grand jury decides the ultimate guilt or innocence of the defendant.
b.
The grand jury hears testimony of the defendant.
c.
The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
d.
All of the above are correct.

C

The Fourth Amendment to the Constitution:
a.
requires a speedy trial.
b.
prevents double jeopardy.
c.
prohibits unreasonable search and seizure.
d.
All of the above.

C

Individuals may use reasonable force to protect individuals, themselves, and their property. Under the majority rule, reasonable force would mean:
a.
deadly force is reasonable to protect property.
b.
deadly force is never reasonable to protect property.
c.
deadly force if an attack threatens the victim with serious bodily harm.
d.
Both (a) and (c).
e.
Both (b) and (c).

E

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions. Tyler has:
a.
committed the crime of extortion.
b.
engaged in securities fraud.
c.
engaged in no criminal activity.
d.
committed the crime of forgery.

D

The criminal intent necessary to commit a crime is known as:
a.
actus reus.
b.
mens rea.
c.
the M'Naghten test.
d.
malice aforethought.

B

Which of the following is found in the Fifth Amendment to the U.S. Constitution?
a.
A privilege against self-incrimination.
b.
A requirement of probable cause.
c.
A prohibition against cruel and unusual punishment.
d.
The right to an attorney.

A

A crime that is punishable by a fine or imprisonment in a local jail is a:
a.
felony.
b.
white-collar crime.
c.
misdemeanor.
d.
mala prohibita crime only.

C

Losses due to computer crimes are estimated to be:
a.
in the millions of dollars.
b.
in the tens of billions of dollars.
c.
in the trillions of dollars.
d.
decreasing because of stricter security measures now in place.

B

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.
a.
predicate act
b.
liable act
c.
white-collar crime
d.
mala in se act

A

The degrees of mental fault in criminal law include which of the following?
a.
Subjective fault, which includes a purposeful, knowing, or reckless mental state.
b.
Objective fault, which would be a negligent or careless mental state.
c.
Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances.
d.
All of the above.
e.
None of the above

D

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. In this case:
a.
Tim is a trespasser.
b.
Steve is a trespasser.
c.
Tim and Steve are both trespassers.
d.
None of the above.

B

The Hometown News snapped a picture of Tim 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. The Hometown News is guilty of:
a.
intrusion.
b.
false light.
c.
appropriation.
d.
It is unlikely that the Hometown News is guilty of any tort.

D

Franco has the permission of George to walk across his yard on the way to school. If Franco brings twenty of his friends across the yard, and they stop to play ball:
a.
Franco is not guilty of trespass to real property, because he had George's permission to cross the yard.
b.
Franco's friends are not guilty of trespass to real property, because they were with Franco.
c.
Franco is guilty of trespass to real property, because he walked across the yard.
d.
Franco and his friends are guilty of trespass to real property, because they played ball in George's yard.

D

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 considered a criminal. Anita's action:
a.
is defamation.
b.
is false light.
c.
is nuisance.
d.
could be either defamation or false light.

D

In the Philip Morris USA v. Williams case, the U.S. Supreme Court held that:
a.
the Due Process Clause forbids a state from using a punitive damages award to punish a defendant for injury it inflicts on nonparties.
b.
courts may not award punitive damages in negligence cases; the defendant must have acted purposefully.
c.
the punitive damage award was "grossly excessive" in this case.
d.
punitive damages serve a narrower function than compensatory damages.

A

Bodily contact that is harmful or offensive can give rise to the tort of:
a.
assault.
b.
battery.
c.
defamation.
d.
appropriation.

B

Arthur fires a gun in the middle of the desert. He intends to fire the gun, but has no reason to believe anyone else is in the area. If the bullet hits Bob, who happens 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.

C

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:
a.
the tort of slander.
b.
the tort of libel.
c.
neither libel nor slander, because there has been no publication of the letter.
d.
the tort of false light.

C

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:
a.
the tort of slander.
b.
the tort of libel.
c.
neither libel nor slander, because there has been no publication of the letter.
d.
the tort of false light.

B

Litigation for the tort of disparagement may include:
a.
a demand for those monetary losses that indirectly result from the impairment of the marketability of the property disparaged.
b.
a demand for expenses for the cost of notifying customers of the falsity of the publication.
c.
Both (a) and (b).
d.
None of the above.

B

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the:
a.
movie star was in a restaurant at the time.
b.
pictures were not published.
c.
movie star was in bed at the time.
d.
photographer never entered onto the movie star's property.

A

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.

C

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:
a.
will lose a defamation suit because only natural persons can successfully bring defamation suits.
b.
will likely win a defamation suit if the statement is untrue.
c.
will likely lose a defamation suit because the press has an absolute privilege in this type of case.
d.
can win an invasion of privacy suit even if the statement is true.

B

Intent as used in the law of intentional torts requires the defendant to:
a.
have knowledge or reckless disregard of the negligence of her action.
b.
desire to cause the consequences of her action.
c.
believe the consequences are substantially certain to result from her action.
d.
Both (b) and (c) are correct.

D

Intentional harm to the person includes which of the following torts?
a.
Assault.
b.
Nuisance.
c.
Conversion.
d.
All of the above.

A

Business torts consist of:
a.
interference with contractual relations.
b.
disparagement.
c.
fraudulent misrepresentation.
d.
(a), (b), and (c) are correct.

D

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