MGMT 311 PRACTICE PAPER 2026 FULL
QUESTIONS AND ANSWERS GRADED A+
◉public figures are excluded from defamation unless what?.
Answer: the public figure can prove actual malice (knowing its false
or recklessness)
◉privacy. Answer: the tort "invasion of privacy" protects our right to
privacy
◉in order to sue for breach of privacy, the plaintiff must prove
what?. Answer: - an expectation of privacy
- invasion must be highly offensive
◉under common law, what 4 acts identify with invasion of privacy?.
Answer: 1. intrusion to an individuals affairs or seclusion
2. false light
3. public discourse or private facts
4. appropriation of identity
,◉intrusion to an individuals affairs or seclusion. Answer: invading
someones home or property, stalking, eavesdropping, &
unauthorized scanning of a bank account
◉false light. Answer: publication of information that places a person
in a false light
◉public discourse or private facts. Answer: a person discloses
private facts about a person that anyone would find embarrassing
◉appropriation of identity (varies by state). Answer: using a
person's name, picture, likeness, or other identifiable characteristic
for commercial purposes without permission
◉fraudulent misrepresentation (fraud). Answer: any
misrepresentation, either by misstatement or omission of a material
fact, knowingly made with the intention of deceiving another and on
which a reasonable person would and does rely to his or her
detriment (intentional deceit for personal gain)
◉statement of opinion. Answer: can be considered a statement of
fact if the individual making the statement have superior knowledge
on the topic
,◉negligent misrepresentation. Answer: fraud committed by
someone who should have known what they were saying was false
◉abusive or frivolous litigation. Answer: the filing of a lawsuit
without legitimate grounds and with malice & the use of a legal
process in an improper manner.
◉how does abuse of process differ from malicious prosecution?.
Answer: abuse of process does not require the plaintiff to prove
malice & is not limited to before trial
◉business torts. Answer: wrongful interference with another's
business rights and relationships
- contractual relationship
- business relationship
◉3 factors of wrongful interference of a contractual relationship.
Answer: 1. valid & enforceable contract must exist
2. third party must know the contract exists
3. third party must intentionally induce a party to breach the
contract
◉wrongful interference with a business relationship. Answer: when
a person uses predatory tactics to take another business's customer
, ◉defenses to wrongful interference. Answer: the interference was
justified or permissible &
bona fide competitive behavior (such as marketing) is a permissible
interference even if it results in the breaking of a contract
◉intentional torts against property. Answer: 1. trespass to land
2. trespass to personal property
3. conversion
4. disparagement of property
◉real v.s personal property. Answer: real: land & things
permanently attached to the land
personal: everything else
◉trespass to land. Answer: the entry onto, above, or below the
surface of land owned by another without the owner's permission or
legal authorization (no harm is necessary)
◉establishing trespass. Answer: before making someone a
trespasser there has to be a sing warning, but if the person enters
onto another's property to commit an illegal act (stealing) is
trespassing without posted sings
QUESTIONS AND ANSWERS GRADED A+
◉public figures are excluded from defamation unless what?.
Answer: the public figure can prove actual malice (knowing its false
or recklessness)
◉privacy. Answer: the tort "invasion of privacy" protects our right to
privacy
◉in order to sue for breach of privacy, the plaintiff must prove
what?. Answer: - an expectation of privacy
- invasion must be highly offensive
◉under common law, what 4 acts identify with invasion of privacy?.
Answer: 1. intrusion to an individuals affairs or seclusion
2. false light
3. public discourse or private facts
4. appropriation of identity
,◉intrusion to an individuals affairs or seclusion. Answer: invading
someones home or property, stalking, eavesdropping, &
unauthorized scanning of a bank account
◉false light. Answer: publication of information that places a person
in a false light
◉public discourse or private facts. Answer: a person discloses
private facts about a person that anyone would find embarrassing
◉appropriation of identity (varies by state). Answer: using a
person's name, picture, likeness, or other identifiable characteristic
for commercial purposes without permission
◉fraudulent misrepresentation (fraud). Answer: any
misrepresentation, either by misstatement or omission of a material
fact, knowingly made with the intention of deceiving another and on
which a reasonable person would and does rely to his or her
detriment (intentional deceit for personal gain)
◉statement of opinion. Answer: can be considered a statement of
fact if the individual making the statement have superior knowledge
on the topic
,◉negligent misrepresentation. Answer: fraud committed by
someone who should have known what they were saying was false
◉abusive or frivolous litigation. Answer: the filing of a lawsuit
without legitimate grounds and with malice & the use of a legal
process in an improper manner.
◉how does abuse of process differ from malicious prosecution?.
Answer: abuse of process does not require the plaintiff to prove
malice & is not limited to before trial
◉business torts. Answer: wrongful interference with another's
business rights and relationships
- contractual relationship
- business relationship
◉3 factors of wrongful interference of a contractual relationship.
Answer: 1. valid & enforceable contract must exist
2. third party must know the contract exists
3. third party must intentionally induce a party to breach the
contract
◉wrongful interference with a business relationship. Answer: when
a person uses predatory tactics to take another business's customer
, ◉defenses to wrongful interference. Answer: the interference was
justified or permissible &
bona fide competitive behavior (such as marketing) is a permissible
interference even if it results in the breaking of a contract
◉intentional torts against property. Answer: 1. trespass to land
2. trespass to personal property
3. conversion
4. disparagement of property
◉real v.s personal property. Answer: real: land & things
permanently attached to the land
personal: everything else
◉trespass to land. Answer: the entry onto, above, or below the
surface of land owned by another without the owner's permission or
legal authorization (no harm is necessary)
◉establishing trespass. Answer: before making someone a
trespasser there has to be a sing warning, but if the person enters
onto another's property to commit an illegal act (stealing) is
trespassing without posted sings
