Wednesday, November 6, 2019

Jane is unhappy with her neighbor Sam because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed? 
A. Negligent infliction of emotional distress.
B. Intentional infliction of strict liability distress.
C. Intentional infliction of emotional distress.
D. Reckless invasion of solitude.
E. Psychological infliction of distress.
Sometimes called the "tort of outrage," intentional infliction of emotional distress occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to another party.

Which of the following torts seek to compensate people wrongfully charged with either criminal or civil matters? 
A. Malicious prosecution.
B. Wrongful civil proceedings.
C. Abuse of proceeding.
D. Malicious prosecution and wrongful civil proceedings but not abuse of proceeding.
E. Malicious prosecution, wrongful civil proceedings, and abuse of proceeding.
Malicious prosecution and wrongful civil proceedings, serve similar functions. Both seek to compensate those wrongfully charged with either criminal or civil matters. Abuse of process is more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends. There is not a tort called abuse of proceedings.

Jane is unhappy with her neighbor Sam because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. He refuses, and she proceeds to sue him for nuisance. Which of the following is true? 
A. Jane is completely within her rights and has done nothing wrong.
B. Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action.
C. Sam can sue Jane for abuse of process and win only if he wins the nuisance action.
D. Sam can sue Jane for malicious prosecution regardless of whether or not he wins the nuisance action.
E. Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.
Abuse of process is more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends.

Under which of the following situations does the tort of trespass to realty occur? 
A. A person causes an object to be placed on the land of another without the landowner's permission.
B. A person stays on the land of another when the owner tells him to depart.
C. A person refuses to remove something he placed on the property that the owner of the property asked him remove.
D. All of the above.
E. None of the above because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.
The tort of trespass to realty, also called trespass to real property, occurs when a person intentionally (1) enters the land of another without permission; (2) causes an object to be placed on the land of another without the landowner's permission; (3) stays on the land of another when the owner tells him to depart; or (4) refuses to remove something he placed on the property that the landowner asked him to remove.

Which of the following is defamation of a business product or service? 
A. Disparagement.
B. Interference with a contract.
C. Conversion.
D. Derogation.
E. Abuse of title.
The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______. 
A. Slander of quality
B. Trade libel
C. Libel of title
D. Slander of title
E. None of the above.
The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales. If the statements relate to ownership of the business property, it is slander of title.

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