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A tort is a private wrong carrying criminal penalties
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Slander is oral defamation.
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BA 200 Ch. 9
| Question | Answer |
|---|---|
| A tort is a private wrong carrying criminal penalties | True |
| Slander is oral defamation. | True |
| A false statement that impeaches someone's honesty is defamatory. | True |
| Public figures must prove malice to establish a case of defamation against a newspaper. | True |
| In most states, letters of reference are exempt from liability for defamation. | True |
| Members of Congress enjoy an absolute privilege for their speech while on the floor. | True |
| The media have a qualified privilege in defamation cases. | True |
| The tort of contract interference requires knowledge of an existing contract between two parties. | True |
| the shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable. | True |
| The case involving Robert Gadams illustrates that there can be legal liability for the content of letters of recommendation | True |
| For public figures the media has a qualified privilege. | True |
| All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance. | True |
| Asking a buyer to break their existing contract with another supplier is tortious interference. | True |
| There are three invasion of privacy torts. | True |
| The use of someone's voice for commercial purposes without their permission is appropriation | True |
| The use of someone's photo for commercial purposes without their permission is appropriation. | True |
| The use of someone's photo for commercial purposes without their permission is invasion of privacy. | True |
| A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has invaded her privacy. | True |
| Speeding is a breach of duty for negligence purposes. | True |
| The failure to follow industry code is a breach of duty. | True |
| Running a red light is a breach of duty for negligence purposes. | True |
| A breach of duty can still be established for negligence cases even when the defendant has complied with the law. | True |
| The purpose of causation is to tie the breach of duty to the resulting injury. | True |
| Contributory negligence, if established, is a complete defense to negligence. | True |
| Assumption of risk is a complete defense to negligence. | True |
| Assumption of risk is not a defense unless there was full information prior to the risk being assumed. | True |
| Comparative negligence reduces the plaintiff's recovery. | True |
| Contributory negligence is a complete defense to negligence. | True |
| Few states follow the doctrine of contributory negligence. | True |
| Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers. | True |
| The duty of a reasonable person extends beyond statutory duties. | True |
| To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk and accepted it voluntarily. | True |
| Writing a glowing letter of recommendation for someone in your organization who was accused of misconduct without mention of the charges can result in liability. | True |
| HIPAA is a federal law for medical privacy. | True |
| Britney Spears is an example of a public figure for purposes of proving malice. | True |
| Opinion commentary is not defamation. | True |
| The employer privilege statutes provide employers with some defenses for candor in references. | True |
| The reasonable person standard is the standard of duty for purposes of establishing negligence. | True |
| A witness in a high profile criminal trial is a public figure. | True |
| Posting false information about a person to an Internet blog would be publication. | True |
| Opinion and analysis of a person’s conduct are not defamation if the underlying facts are correct. | True |
| A screensaver program that uses the likeness of a person is commercial appropriation. | True |
| Which of the following statements would qualify for a defamation action (assuming the statement is false)? | "He pled guilty to a violation of campaign contribution laws." |
| How many people must have heard or read a statement for there to be publication for purposes of defamation? | One |
| Which of the following would not be classified as libel? | a true statement |
| Public figures: | must establish malice in order to recover damages for defamation |
| Contract interference: | requires proof of intent to interfere |
| A-Plus Linens sent the following notice to John C. Lincoln Hospital: "We'll pay you. Drop your current linen service and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus: | is contract interference. |
| Suppose A-Plus Linens sent the following notice to John C. Lincoln Hospital: "On your next call for bids, call us. We'll give you a $5 discount for every 100 pounds of linen we clean for you." The notice sent by A-Plus: | none of the above |
| If a defendant in a defamation suit holds a qualified privilege: | the plaintiff will be required to prove additional elements to recover. |
| The tort of false imprisonment: | is also known as the "shopkeeper's tort." |
| The tort of intentional infliction of emotional distress: | requires proof of conduct that exceeds all bounds of decency. |
| Which of the following is not an element of negligence? | reckless disregard |
| Which of the following defenses to negligence serves as a complete bar to recovery? | contributory negligence |
| Which of the following statements best describes the property protection given a singer's voice? | The voice is given the same protection as the face or likeness. |
| The distinguishing element between intentional torts and negligent torts is: | intent. |
| The statement "All used-car dealers are crooks" is: | not defamation. |
| Which of the following does not enjoy an absolute privilege to charges of defamation? | newspaper reporting witness testimony from a trial |
| The shopkeeper's privilege applies: | even if the shopkeeper made a good-faith mistake. |
| A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is: | an invasion of privacy. |
| This term is given to witnesses who do nothing while a crime is being committed out of fear, apathy, or a mistaken belief that someone else will help the victim. | Bystander effect |
| Punitive damages are: | often awarded in cases of contract interference. |
| Which of the following is not an intentional tort? | strict tort liability |
| In Van Horn v. Watson, the court concluded that in California the Good Samaritan laws: | apply to anyone offering medical care in good faith at the scene of a medical emergency. |
| Proximate cause: | was established in the Palsgraf case. |
| The "But for" test: | is the test for causation. |
| states provide a qualified privilege for letters of recommendation. | Nearly all |
| Which of the following constitutes a defamatory statement (assuming the statements are untrue)? | "He was dismissed for embezzlement from his last job." |
| A retail store | owes its customers duties as invitees. |
| Keller has applied for a position at a summer camp for girls, ages 14-18. The camp director had called Radical Board's manager and asked for a reference on Keller. | none of the above |
| With reference to #s 33, 34, and 35, Radical Boards: | has no liability for the subsequent acts of terminated employees. |
| Which of the following is/are HIPAA requirements? | Patient right of access to records. |
| Which of the following is prohibited under HIPAA? | all of the above |
| On a radio talk show, the host said, “That no-good felon, O.J. Simpson.” Mr. Simpson has never been convicted of a felony. | a. The talk show host has defamed Mr. Simpson. c. The talk show host enjoys the media qualified privilege. |
| Which of the following have an absolute privilege against defamation for their speech? | a senator while speaking on the floor of the Senate |
| Whistle-blowers may have some statutory protection by receiving a(n): | qualified privilege. |
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