Torts, Exam 3 UPDATED ACTUAL Exam
Questions and CORRECT Answers
Only wrongfully imprisoned inmates can sue for false imprisonment - CORRECT
ANSWER False
Ted sees Greg trying to rob a stranger. Ted stays to help the stranger. Greg has committed false
imprisonment against Ted. - CORRECT ANSWER False
A merchant has the right to detain customers briefly in order to investigate whether they are
present for a purpose other than to make a purchase. - CORRECT ANSWER False
Negligently locking someone in a room is false imprisonment. - CORRECT ANSWER False
It is possible to be falsely imprisoned without knowing it. - CORRECT ANSWER True
Which of the following does not constitute confinement for purposes of false imprisonment? -
CORRECT ANSWER Which of the following does not constitute confinement for purposes
of false imprisonment?
A peace officer has a privilege to arrest someone without a warrant for a felony only if
__________. - CORRECT ANSWER the officer has reasonable grounds to believe that a
felony has been committed
If the proceedings were improperly initiated, the tort to bring is abuse of process - CORRECT
ANSWER False
If the proceedings were properly initiated, but for an improper purpose, the tort to bring is abuse
of process. - CORRECT ANSWER True
, If probable cause existed, there can be no tort of malicious prosecution even if the accused is
acquitted. - CORRECT ANSWER True
By definition, there could not have been probable cause in a case where the accused was found
innocent. - CORRECT ANSWER False
Which of the following outcomes are on the merits? - CORRECT ANSWER a dismissal due
to the statute of limitations
Which of the following is not an element of wrongful civil proceedings? - CORRECT
ANSWER With probable cause
Pain and suffering is physical discomfort or emotional distress that results from being the victim
of a tort. - CORRECT ANSWER True
You are liable for every emotional distress that you cause. - CORRECT ANSWER False
The same conduct can constitute a traditional intentional tort such as battery as well as the tort of
intentional infliction of emotional distress. - CORRECT ANSWER True
Most courts allow NIED claims if the emotional distress was foreseeable to the defendant
because the plaintiff was in the zone of danger and the plaintiff suffered substantial physical
symptoms as a result of the distress - CORRECT ANSWER True
The element of damages is the same for conversion and trespass to chattels. - CORRECT
ANSWER False
A major difference between conversion and trespass to chattels is the extent of the defendant's
interference with the plaintiff's chattel. - CORRECT ANSWER True
Questions and CORRECT Answers
Only wrongfully imprisoned inmates can sue for false imprisonment - CORRECT
ANSWER False
Ted sees Greg trying to rob a stranger. Ted stays to help the stranger. Greg has committed false
imprisonment against Ted. - CORRECT ANSWER False
A merchant has the right to detain customers briefly in order to investigate whether they are
present for a purpose other than to make a purchase. - CORRECT ANSWER False
Negligently locking someone in a room is false imprisonment. - CORRECT ANSWER False
It is possible to be falsely imprisoned without knowing it. - CORRECT ANSWER True
Which of the following does not constitute confinement for purposes of false imprisonment? -
CORRECT ANSWER Which of the following does not constitute confinement for purposes
of false imprisonment?
A peace officer has a privilege to arrest someone without a warrant for a felony only if
__________. - CORRECT ANSWER the officer has reasonable grounds to believe that a
felony has been committed
If the proceedings were improperly initiated, the tort to bring is abuse of process - CORRECT
ANSWER False
If the proceedings were properly initiated, but for an improper purpose, the tort to bring is abuse
of process. - CORRECT ANSWER True
, If probable cause existed, there can be no tort of malicious prosecution even if the accused is
acquitted. - CORRECT ANSWER True
By definition, there could not have been probable cause in a case where the accused was found
innocent. - CORRECT ANSWER False
Which of the following outcomes are on the merits? - CORRECT ANSWER a dismissal due
to the statute of limitations
Which of the following is not an element of wrongful civil proceedings? - CORRECT
ANSWER With probable cause
Pain and suffering is physical discomfort or emotional distress that results from being the victim
of a tort. - CORRECT ANSWER True
You are liable for every emotional distress that you cause. - CORRECT ANSWER False
The same conduct can constitute a traditional intentional tort such as battery as well as the tort of
intentional infliction of emotional distress. - CORRECT ANSWER True
Most courts allow NIED claims if the emotional distress was foreseeable to the defendant
because the plaintiff was in the zone of danger and the plaintiff suffered substantial physical
symptoms as a result of the distress - CORRECT ANSWER True
The element of damages is the same for conversion and trespass to chattels. - CORRECT
ANSWER False
A major difference between conversion and trespass to chattels is the extent of the defendant's
interference with the plaintiff's chattel. - CORRECT ANSWER True
