MGMT 311 LATEST 2026 EXAM QUESTIONS AND ANSWERS
GRADED A+
✔✔defenses to battery - ✔✔- consent
- self defense
- defense of others or property
✔✔false imprisonment - ✔✔confinement or restraint of another person's activities
without justification (interferes with freedom to move without restraint)
✔✔what is the privilege to detain? - ✔✔granted to businesses, a law in most states
allowing them to detain shoplifters with reasonable force for the police
✔✔intentional infliction of emotional distress - ✔✔an intentional tort in which the harm
results from extreme and outrageous conduct that causes serious emotional harm
✔✔to sue for emotional distress the plaintiff needs what? - ✔✔actionable proof
✔✔which amendment limits the emotional distress claim? - ✔✔first
✔✔defamation - ✔✔wrongfully hurting another's reputation
✔✔libel - ✔✔written or recorded defamations that are permanent
✔✔breaching libel orally is called what? - ✔✔slander
✔✔does defamation apply to businesses & their products? - ✔✔yes
✔✔4 steps to establishing defamation - ✔✔1. defendant made a false statement of fact
2. statement was understood to be about the plaintiff and tended to harm the plaintiffs
reputation
3. the statement was published to at least one other person besides the plaintiff
4. if the plaintiff is a public figure, he or she must prove actual malice
✔✔what type of damages are rewarded for breach of libel/defamation? - ✔✔general
damages
✔✔slander - ✔✔defamation in oral (temporary) form that causes the plaintiff to suffer
economic or monetary loss
✔✔to establish slander, the plaintiff must prove what? - ✔✔special damages (economic
or monetary loss)
,✔✔slander per se - ✔✔when oral statements relate to criminal or sexual conduct,
contagious diseases, or professional abilities, they are assumed to be harmful to the
subject's reputation
✔✔defenses to defamation - ✔✔- the statement was true
- privileged speech
- speech concerns a public figure
✔✔defamation cases are usually filed in what court? - ✔✔state courts
✔✔2 types of privileged speech - ✔✔1. absolute
2. qualified
✔✔absolute privilege - ✔✔immunity granted to judicial and government proceedings
✔✔qualified privilege - ✔✔the statement is made in goof faith and was only shown to
individuals with interest
✔✔public figures are excluded from defamation unless what? - ✔✔the public figure can
prove actual malice (knowing its false or recklessness)
✔✔privacy - ✔✔the tort "invasion of privacy" protects our right to privacy
✔✔in order to sue for breach of privacy, the plaintiff must prove what? - ✔✔- an
expectation of privacy
- invasion must be highly offensive
✔✔under common law, what 4 acts identify with invasion of privacy? - ✔✔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 - ✔✔invading someones home or
property, stalking, eavesdropping, & unauthorized scanning of a bank account
✔✔false light - ✔✔publication of information that places a person in a false light
✔✔public discourse or private facts - ✔✔a person discloses private facts about a person
that anyone would find embarrassing
✔✔appropriation of identity (varies by state) - ✔✔using a person's name, picture,
likeness, or other identifiable characteristic for commercial purposes without permission
, ✔✔fraudulent misrepresentation (fraud) - ✔✔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 - ✔✔can be considered a statement of fact if the individual
making the statement have superior knowledge on the topic
✔✔negligent misrepresentation - ✔✔fraud committed by someone who should have
known what they were saying was false
✔✔abusive or frivolous litigation - ✔✔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? - ✔✔abuse of
process does not require the plaintiff to prove malice & is not limited to before trial
✔✔business torts - ✔✔wrongful interference with another's business rights and
relationships
- contractual relationship
- business relationship
✔✔3 factors of wrongful interference of a contractual relationship - ✔✔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 - ✔✔when a person uses
predatory tactics to take another business's customer
✔✔defenses to wrongful interference - ✔✔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 - ✔✔1. trespass to land
2. trespass to personal property
3. conversion
4. disparagement of property
✔✔real v.s personal property - ✔✔real: land & things permanently attached to the land
personal: everything else
✔✔trespass to land - ✔✔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)
GRADED A+
✔✔defenses to battery - ✔✔- consent
- self defense
- defense of others or property
✔✔false imprisonment - ✔✔confinement or restraint of another person's activities
without justification (interferes with freedom to move without restraint)
✔✔what is the privilege to detain? - ✔✔granted to businesses, a law in most states
allowing them to detain shoplifters with reasonable force for the police
✔✔intentional infliction of emotional distress - ✔✔an intentional tort in which the harm
results from extreme and outrageous conduct that causes serious emotional harm
✔✔to sue for emotional distress the plaintiff needs what? - ✔✔actionable proof
✔✔which amendment limits the emotional distress claim? - ✔✔first
✔✔defamation - ✔✔wrongfully hurting another's reputation
✔✔libel - ✔✔written or recorded defamations that are permanent
✔✔breaching libel orally is called what? - ✔✔slander
✔✔does defamation apply to businesses & their products? - ✔✔yes
✔✔4 steps to establishing defamation - ✔✔1. defendant made a false statement of fact
2. statement was understood to be about the plaintiff and tended to harm the plaintiffs
reputation
3. the statement was published to at least one other person besides the plaintiff
4. if the plaintiff is a public figure, he or she must prove actual malice
✔✔what type of damages are rewarded for breach of libel/defamation? - ✔✔general
damages
✔✔slander - ✔✔defamation in oral (temporary) form that causes the plaintiff to suffer
economic or monetary loss
✔✔to establish slander, the plaintiff must prove what? - ✔✔special damages (economic
or monetary loss)
,✔✔slander per se - ✔✔when oral statements relate to criminal or sexual conduct,
contagious diseases, or professional abilities, they are assumed to be harmful to the
subject's reputation
✔✔defenses to defamation - ✔✔- the statement was true
- privileged speech
- speech concerns a public figure
✔✔defamation cases are usually filed in what court? - ✔✔state courts
✔✔2 types of privileged speech - ✔✔1. absolute
2. qualified
✔✔absolute privilege - ✔✔immunity granted to judicial and government proceedings
✔✔qualified privilege - ✔✔the statement is made in goof faith and was only shown to
individuals with interest
✔✔public figures are excluded from defamation unless what? - ✔✔the public figure can
prove actual malice (knowing its false or recklessness)
✔✔privacy - ✔✔the tort "invasion of privacy" protects our right to privacy
✔✔in order to sue for breach of privacy, the plaintiff must prove what? - ✔✔- an
expectation of privacy
- invasion must be highly offensive
✔✔under common law, what 4 acts identify with invasion of privacy? - ✔✔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 - ✔✔invading someones home or
property, stalking, eavesdropping, & unauthorized scanning of a bank account
✔✔false light - ✔✔publication of information that places a person in a false light
✔✔public discourse or private facts - ✔✔a person discloses private facts about a person
that anyone would find embarrassing
✔✔appropriation of identity (varies by state) - ✔✔using a person's name, picture,
likeness, or other identifiable characteristic for commercial purposes without permission
, ✔✔fraudulent misrepresentation (fraud) - ✔✔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 - ✔✔can be considered a statement of fact if the individual
making the statement have superior knowledge on the topic
✔✔negligent misrepresentation - ✔✔fraud committed by someone who should have
known what they were saying was false
✔✔abusive or frivolous litigation - ✔✔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? - ✔✔abuse of
process does not require the plaintiff to prove malice & is not limited to before trial
✔✔business torts - ✔✔wrongful interference with another's business rights and
relationships
- contractual relationship
- business relationship
✔✔3 factors of wrongful interference of a contractual relationship - ✔✔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 - ✔✔when a person uses
predatory tactics to take another business's customer
✔✔defenses to wrongful interference - ✔✔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 - ✔✔1. trespass to land
2. trespass to personal property
3. conversion
4. disparagement of property
✔✔real v.s personal property - ✔✔real: land & things permanently attached to the land
personal: everything else
✔✔trespass to land - ✔✔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)
