The Legal Environment of Business
The Legal Environment of Business BUL 3130
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This 14 page Class Notes was uploaded by Nadia Mann Sr. on Sunday October 25, 2015. The Class Notes belongs to BUL 3130 at University of North Florida taught by Robert Schupp in Fall. Since its upload, it has received 5 views. For similar materials see /class/229087/bul-3130-university-of-north-florida in Business Law at University of North Florida.
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Date Created: 10/25/15
A is a nontrespassory 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 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 A defamatory communication which is typewritten or printed is referred to as a libel b slander c false light d fraudulent misrepresentation A nontrespassory invasion of another s interest in the private use and enjoyment of land is a disparagement b defamation c trespass d nuisance A parks his car in front ofhis house B pushes A s car around the comer 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 A person may employ deadly force to protect his property a True b False A pine tree growing in a forest is a personal property b real property c intangible property d converted property 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 T rne b False 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 Alice was brie y 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 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 0 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 in iction of emotional distress against Catherine 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 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 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 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 Arthur fired a gun in the middle of the desert He intended to re 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 in iction of emotional distress 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 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 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 20 2 22 23 24 Bodily contact that is harmful or offensive can give rise to the tort of a assault b battery c defamation d appropriation 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 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 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 nonlife 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 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 25 26 27 28 29 Clyde points a toy gun at his next door neighbor and threatens to shoot Ifthe neighbor brings suit for assault a he will lose because only a toy was involved b he will lose because Clyde never red 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 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 Conversion is a civil form of larceny or theft a True b False Defense of property allows a reasonable force including deadly force b reasonable force but not including deadly force c no force Defenses to intentional torts include a selfdefense and consent b defense of others and consent c selfdefense and defense of property d all of the above are valid defenses Disparagement differs from defamation in that defamation pertains to personal reputation whereas disparagement pertains to business interests a T rne b False Handwritten typewritten printed or pictorial defamation is a false light b libel c slander d disparagement Harms or injuries that are tortuous may be in icted a intentionally b negligently c without fault d in all of the above ways 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 heshe has a separate deed for the mineral rights 40 4 i 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 If a publication prints defamatory material concerning a public gure the individual may recover compensatory damages if he can show a actual malice b negligence c strict liability d constitutional privilege In order to sue for battery a plaintiff must prove that he or she has received a physical injury a True b False 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 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 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 in iction of emotional distress Intentional in iction of emotional distress will protect a person from abusive language and rudeness a True b False Intentional interference with property does not include a conversion b nuisance c trespass to real property d intrusion 42 43 44 45 46 47 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 Invasion of privacy consists of a appropriation b intrusion c public disclosure of private facts d all of the above are invasion of privacy Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an allnight 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 icked 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 Mary does not want her moviestar 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 libel slander false imprisonment none of the above 993 Mary s car was parked just outside the east door of the Civic Center When she tried to exit three ominouslooking 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 con ned to the Civic Center d she will win because they were blocking her passage to her car 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 48 49 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 in iction of emotional distress d malice 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 avalid 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 15yard penalty d The consent is not valid because of the intentional actions of the Pittsburgh end 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 in iction of emotional distress d interference with contractual relations 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 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 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 con nement c Sarah has committed the tort of malicious prosecution d Sarah s parents are guilty of intrusion but not of false imprisonment The Crackle Breakfast Food Company puts Arthur Attomey s picture on the Crackle box without rst getting Arthur s permission Arthur can sue for appropriation a True b False 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 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 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 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 60 6 62 63 64 65 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 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 Unreasonable intrusion upon the seclusion of another d Publicity which deals with statements made by Congress on the floor of Congress 0 The owner of the bottom of a lake located in Jacksonville Florida which has no stream owing either into or out of it is a the State of Florida b the City of Jacksonville c no one d the individuals who own the land surrounding the lake 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 The same act can be both a tort and a crime a True b False 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 The tort of conversion includes the intentional destruction of personal property includes the use of personal property in an unauthorized manner entitles the possessor to recover the full value of the converted property all of the above 909quot 66 67 68 69 70 7 72 The unauthorized use of another s name or likeness for one s own bene t a intrusion b appropriation c public disclosure of private facts d false light 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 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 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 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 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 Tort law is primarily common law a True b False 73 74 75 76 77 78 79 Two absolute defenses to the tort of defamation are a truth and selfdefense b truth and privilege c privilege and selfdefense d truth and defense of property 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 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 Which of the following is a defense to an intentional tort a Consent b Selfdefense c Defense of property d All of the above 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 Which of the following is not a component of a tort a Proximate cause b Breach of duty c Restitution d Duty Which of the following is not a privilege Absolute b Federal c Constitutional d Conditional E 80 8 82 83 84 85 86 Which of the following is not a type of defense to defamation a constitutional privilege b subjective privilege c conditional privilege d absolute privilege 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 Which of the following is not characterized by publication a False Light b Appropriation c Public Disclosure of Private Facts d Defamation Which of the following places another in apprehension of immediate bodily harm a in iction of emotional distress b false imprisonment c battery d assault Which of the following requires communication to but person other than the person who is the subject of the communication to be atort a public disclosure of private facts b defamation c false light d intrusion 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 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 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 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 The State of Florida d The US government 0
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