Business Law Questions Paul Politician wants to sue Global

~ Business Law Questions

Paul Politician wants to sue Global Magazine for libel and for comments it made about him in a recent edition of the magazine. Paul must prove that the magazine acted with actual malice in order to win the lawsuit.

True or False

There can be no liability for false imprisonment if the plaintiff had a reasonable escape route.

True or False

Williams hunts on Walker\'s land without permission. Williams kills two deer on Walker\'s land. Which of the following statements is not true?

Williams may be liable to walker for trespassing on his property

Since no actual harm occurred, Williams did not trespass on Walker’s property

Williams may be liable to Walker for trespass to personal property since he killed deer that were on Walkers property

Williams may be liable to Walker for conversion and pay Walker for the reasonable value of the deer.

A political billboard advertisement uses the picture of Tom, a well-known movie actor, without Tom\'s permission. Which of the following would be Tom\'s most likely recourse against the political party that produced this advertisement?

Invasion of privacy

Libel

Slander

Defamation

Basketball players who angrily charge into the stands to yell at fans may be liable for the tort of assault, even if the basketball players do not hit the fans.

True or False

The same behavior may give rise to both criminal and tort liability.

True or False

In the case above concerning the brawl at a professional basketball game, which of the following statements is not true It is possible that players could be found guilty and have to pay compensatory damages for injuries that they caused to some fans.

It is possible that some players may be liable to fans for punitive damages in order to make an example of the players and reduce the chances that such behavior will happen again.

Fans may bring either civil or criminal charges against the players, but not both.

Fans who rushed the court and threw punches at players are potentially liable to the players for the torts of assault and battery.

One difference between libel and slander is:

Libel requires proof of publication but slander does not.

Libel refers to written publications while slander applies to television and radio

Proof of actual damages is required in slander cases

A public figure cannot recover damages for slander but can recover damages for libel.

Torts are crimes against a person or their property

True or False

A store owner must use his or her conditional privilege to detain a suspected shoplifter for a reasonable length of time or they may be liable to the person detained for imprisonment

True or False

A person who causes something to enter the property of another without permission commits trespass

True or False

Which of the following would most likely not constitute battery?

Intentionally blowing smoke into someone’s face

Hitting a person with a snowball and causing injury

Pointing a gun at a person

Striking a person with a baseball bat

Which of the following statements is not true

A person must generally prove actual damages in order to recover for slander

Private statements made between spouses about someone absolutely privileged and cannot be used for successful defamation suit

Courts will allow recovery for mental injuries only if a battery has occurred

Defamation in a television news broadcast is considered to be libel.

Crane contracted with cool carpets to install carpeting throughout her home. Crane is not happy with the quality of the work done by cool carpets. She goes on a crusade to tell everyone she can that the products and services sold by cool carpets is lousy. Which of the following may be the best resources for the cool carpets against crane?

Sue crane for libel

Sue crane for disparagement

Sue crane for slander

Sue crane for infliction of mental distress

Generally, merely threatening someone without any indication of intent to carry out the threat does not create liability for assault.

True or False

Hannah finds a check on the curb that is payable to the order of Greta. Greta has indorsed the check. Hannah goes to the bank and cashes the check. Hannah may be liable to Greta for conversion.

True or False

The plaintiff’s burden of proof in a tort case is proof beyond a reasonable doubt.

True or False

An action for appropriate of name or likeness:

Requires proof of defamation

Protects a plaintiff’s right to be secure in her person, place, or house

Compensates a plaintiff for the economic value of her celebrity

Requires proof of outrageous and wrongful conduct by defendant

In a brawl during a professional basketball game, several players charged into the stands to confront fans. Punches were thrown. Which of the following statements is true?

Some players who threw punches at fans may be liable for the tort of battery

Some players who went into the stands may be liable to fans for the tort of assault, even if those players did not throw punches at fans

The fact the game was televised nationally be ESPN and most of all the brawl was caught on tape would tend to be a preponderance of evidence for fans who want to prove a tort case

All of the above

Which of the following statements is not correct?

Malicious prosecution provides remedies when criminal proceedings are wrongfully brought against a plaintiff

Wrongful use of civil proceedings can provide remedies when a wrongful civil suit is brought against a plaintiff

In order to win an abuse of process case, the plaintiff must show that the suit was brought without a probable cause

No actual harm to property is necessary to successfully sue for trespass

Solution

Since no actual harm occurred, Williams did not trespass on Walker’s property and Williams may be liable to Walker for conversion and pay Walker for the reasonable value of the deer, these two statements are not TRUE.

Defamation would be Tom\'s most likely recourse against the political party that produced this advertisement.

Yes, Basketball players who angrily charge into the stands to yell at fans may be liable for the tort of assault, even if the basketball players do not hit the fans.This statement is TRUE.

The same behavior may give rise to both criminal and tort liability..This statement is TRUE.

Fans who rushed the court and threw punches at players are potentially liable to the players for the torts of assault and battery. This statement is not TRUE.

One difference between libel and slander is that Libel refers to written publications while slander applies to television and radio.

Torts are crimes against a person or their property. This statement is FALSE.

A store owner must use his or her conditional privilege to detain a suspected shoplifter for a reasonable length of time or they may be liable to the person detained for imprisonment. This statement is FALSE.

A person who causes something to enter the property of another without permission commits trespass. This statement is TRUE.

Intentionally blowing smoke into someone’s face would most probably constitute a battery.

Private statements made between spouses about someone absolutely privileged and cannot be used for successful defamation suit This statement is not TRUE.

the best resources for the cool carpets against crane is Sue crane for slander.

Generally, merely threatening someone without any indication of intent to carry out the threat does not create liability for assault. The statement is FALSE.

Hannah finds a check on the curb that is payable to the order of Greta. Greta has indorsed the check. Hannah goes to the bank and cashes the check. Hannah may be liable to Greta for conversion. This statement is TRUE.

The plaintiff’s burden of proof in a tort case is proof beyond a reasonable doubt..This statement is FALSE.

An action for appropriate of name or likeness requires proof of defamation.

Some players who threw punches at fans may be liable for the tort of battery. This statement is TRUE.

In order to win an abuse of process case, the plaintiff must show that the suit was brought without a probable cause. This statement is not TRUE.