GBL 323 Exam 2 Practice Questions
With 100% Correct Answers 2026
Updated.
Compensatory tort damages - Answer money paid to put victim in original position as if the
situation never occurred. Not really possible if you have like physical damages.
Nominal tort damages - Answer token, small, amount to recognize the plaintiff was harmed
punitive tort damages - Answer money awards to plaintiff to punish defendant- have to have
other 2 as well or one of the other 2
3 classifications of torts - Answer intentional, unintentional (negligence), strict liability
2 types of intentional torts - Answer against persons or property
Assult - Answer against persons, intentional tort; threat of immediate harm or offensive
contact. any action that arouses reasonable apprehension of imminent harm, causes FEAR,
actual action doesn't have to occur
Battery - Answer against persons, intentional tort; unauthorized and harmful or offensive
physical contactt. actual contact necessary, may accompany assault,
transfer intent doctrine - Answer against persons, intentional tort, battery; the battery done
to person b from person a can transfer to person c.
false imprisonment - Answer against persons, intentional tort; intentional confinement,
restraint of a person with out authority or consent. Can be physical force, battiers, threats of
physical harm, false arrest. Threats of future danger don't apply
Merchant protection statues - Answer against persons, intentional tort, false imprisonment;
merchants may stop, detain, and investigate suspected shoplifters legally for a reasonable time
(15 min), in a reasonable manner ( you have water, bathroom, can leave), and with reasonable
grounds for suspicion.
Misappropriation of the right to publicity - Answer an attempt by a person to appropriate a
living person's name/identity for commercial purposes.
, Invasion of the right to privacy - Answer violation of a person's right to live their life without
being subjected to unwanted publicity; a "false light"
defamation of character - Answer false statements made by one person about another.
For normal people plaintiff must prove:
defendant made an untruestatement of fact
statement was intentionally or accidentally publishes or communicated to a 3rd party
For public people must prove:
actual malice, untrue statement, communicate to a 3rd party
elected officals are exceptions bc they can't commit defamation EXCEPT in their chambers
(doing their job)
Slander - Answer oral defamation of character, face to face communication
libel - Answer a false statement that appears in a fixed form (broadcasting, paper, mag, etc)
Disparagement - Answer untrue statements about products, services, property,
representative of a business; also called product disparagement, trade libel or slander of title;
not an opinion statement more a fact
intentional misrepresentation (fraud) - Answer wrongdoer decieves another person out of
money, property, something of value.
to prove:
1) wrongdoer made false rep,
2) wrongdoer knew the rep was false and intended to decieve
3)party must justifiably rely on the mis rep
4) must have actual injury
intentional infliction of emotional distress - Answer also called tort of outrage; a person whos
extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to
another person who is liable. Have to have a special relationship- cant be a stranger
malicious prosecution - Answer losing plaintiffs that have brought a frivilous lawsuit may be
sued by the winning defendant; civil action for damages; must have suffered an injury
intentional torts against property - Answer real property, personal
With 100% Correct Answers 2026
Updated.
Compensatory tort damages - Answer money paid to put victim in original position as if the
situation never occurred. Not really possible if you have like physical damages.
Nominal tort damages - Answer token, small, amount to recognize the plaintiff was harmed
punitive tort damages - Answer money awards to plaintiff to punish defendant- have to have
other 2 as well or one of the other 2
3 classifications of torts - Answer intentional, unintentional (negligence), strict liability
2 types of intentional torts - Answer against persons or property
Assult - Answer against persons, intentional tort; threat of immediate harm or offensive
contact. any action that arouses reasonable apprehension of imminent harm, causes FEAR,
actual action doesn't have to occur
Battery - Answer against persons, intentional tort; unauthorized and harmful or offensive
physical contactt. actual contact necessary, may accompany assault,
transfer intent doctrine - Answer against persons, intentional tort, battery; the battery done
to person b from person a can transfer to person c.
false imprisonment - Answer against persons, intentional tort; intentional confinement,
restraint of a person with out authority or consent. Can be physical force, battiers, threats of
physical harm, false arrest. Threats of future danger don't apply
Merchant protection statues - Answer against persons, intentional tort, false imprisonment;
merchants may stop, detain, and investigate suspected shoplifters legally for a reasonable time
(15 min), in a reasonable manner ( you have water, bathroom, can leave), and with reasonable
grounds for suspicion.
Misappropriation of the right to publicity - Answer an attempt by a person to appropriate a
living person's name/identity for commercial purposes.
, Invasion of the right to privacy - Answer violation of a person's right to live their life without
being subjected to unwanted publicity; a "false light"
defamation of character - Answer false statements made by one person about another.
For normal people plaintiff must prove:
defendant made an untruestatement of fact
statement was intentionally or accidentally publishes or communicated to a 3rd party
For public people must prove:
actual malice, untrue statement, communicate to a 3rd party
elected officals are exceptions bc they can't commit defamation EXCEPT in their chambers
(doing their job)
Slander - Answer oral defamation of character, face to face communication
libel - Answer a false statement that appears in a fixed form (broadcasting, paper, mag, etc)
Disparagement - Answer untrue statements about products, services, property,
representative of a business; also called product disparagement, trade libel or slander of title;
not an opinion statement more a fact
intentional misrepresentation (fraud) - Answer wrongdoer decieves another person out of
money, property, something of value.
to prove:
1) wrongdoer made false rep,
2) wrongdoer knew the rep was false and intended to decieve
3)party must justifiably rely on the mis rep
4) must have actual injury
intentional infliction of emotional distress - Answer also called tort of outrage; a person whos
extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to
another person who is liable. Have to have a special relationship- cant be a stranger
malicious prosecution - Answer losing plaintiffs that have brought a frivilous lawsuit may be
sued by the winning defendant; civil action for damages; must have suffered an injury
intentional torts against property - Answer real property, personal
