Exam 3 - Torts Practice UPDATED ACTUAL Exam Questions and CORRECT Answers

Exam 3 - Torts Practice UPDATED
ACTUAL Exam Questions and CORRECT
Answers
A store employee suspects that Jane stole two expensive wallets. The employee asks Jane to step
into an office and empty the contents of her backpack. Jane does this and no wallets are found.
The employee apologizes to Jane and opens the door for Jane to leave the office and return to the
store. If Jane sued the store for the tort of false imprisonment, what would be the likely result?
A. The shopkeeper would prevail under the shopkeeper's privilege doctrine
B. The shopkeeper would prevail under the doctrine of absolute privilege
C. The shopkeeper would prevail under the doctrine of assumption of the risk
D. Jane would prevail under the doctrine of strict liability

E. Jane would prevail under the doctrine comparative fault - CORRECT ANSWER A. The
shopkeeper would prevail under the shopkeeper's privilege doctrine


A store employee suspects that Jane stole an expensive article of clothing from a ladies clothing
store. The employee asks Jane to step into an office and empty the contents of her backpack.
Jane does this and the employee finds that Jane had stolen the clothing. The locked Jane in the
management office to await the arrival of the police. The police were busy with more important
matters and did not arrive. Finally, after 10 hours, the employee released Jane. If Jane sued the
store for the tort of "false imprisonment," what would be the likely result?
A. The store would prevail under the doctrine of absolute privilege
B. The store would prevail under the doctrine of assumption of the risk
C. The store would prevail under the doctrine of shopkeeper's privilege
D. Jane would prevail under the doctrine of strict liability
E. Jane would prevail under because the employee did not act reasonably - CORRECT
ANSWER E. Jane would prevail under because the employee did not act reasonably


Mel cyberbullied and stalked Ina, often leaving her threatening messages online and in person.
Ina became afraid to leave her home, lost her job, and had to seek professional counseling.
Assuming that Mel's actions were extreme and outrageous which of the following torts have
been committed by Mel?

, A. Assault
B. Battery
C. Appropriation of identity.
D. Intentional infliction of emotional distress

E. All of these. - CORRECT ANSWER D. Intentional infliction of emotional distress


Mel cyberbullied and stalked Ina, often leaving her threatening messages online and in person.
Ina became afraid to leave her home, lost her job, and had to seek professional counseling.
Assuming that Mel's actions were extreme and outrageous which of the following torts have
been committed by Mel?
A. Assault
B. Battery
C. Appropriation of identity.
D. Intentional infliction of emotional distress

E. All of these. - CORRECT ANSWER D. Intentional infliction of emotional distress


Sarah is an elementary school librarian in a small Arkansas town. She has never committed a
crime and her name has never been in the paper until the local newspaper published a news
report stating that Sarah sells meth (an illegal drug) to students. The school fires Sarah because
of the newspaper story. Sarah sues the newspaper for defamation. At trial the jury finds that
Sarah has proven by a preponderance of the evidence that the news report was false and that she
had sustained substantial damages due to the false report. However, Sarah did not prove that the
newspaper acted with malice. What is the likely outcome of Sarah's lawsuit?


A. She will lose because she did not prove the element of malice
B. She will lose because newspapers have absolute immunity from liability for claims of
defamation
C. She will win because of the precedent in New York Times v. Sullivan

D. She will win because she proved all of the requ - CORRECT ANSWER D. She will win
because she proved all of the required elements of the tort of defamation