CBAD 344 Exam 2 questions with 100%
correct answers
Tort - correct answer ✔✔A wrongful injury to a person or property, very busy area of law (most filed
cases), no injury, no tort, primarily about compensation (law says you are to be compensated when a
tort occurs)
Tortfeasor - correct answer ✔✔The person or entity committing the tort
Three categories of Torts - correct answer ✔✔Intentional Tort (fault)
Negligence (fault)
Strict Liability
Three degrees when a tort becomes a criminal case - correct answer ✔✔The injury puts it in the degree
Third degree: slap in the face
Second degree: weapon is present
First degree: injury is very significant
When there is a possibility of a crime and a tort, the proceedings are separate and one decision does not
affect the other one (tried differently which means they may have different outcomes)
Not guilty in criminal trial does not mean they didn't do it, but that the lawyers and evidence did not
prove with unreasonable doubt that they committed the crime
Intentional Torts - correct answer ✔✔Mindset is bad, bad conduct of the tortfeasor, the person did it on
purpose and it was an intentional wrongful injury to a person or to property, tortfeasor could receive
compensation and fees from the lawsuit, punitive damages, and collateral criminal ratifications
Assault - correct answer ✔✔Threat to do harm to a person, one person wrongfully puts someone in fear
of their safety (no touching, injury is the fear)
,Battery - correct answer ✔✔Illegal touching of someone that causes them harm, unlawful toughing of
another person that causes damage (injury is the damage done)
After the physical confrontation, the tortfeasor may be justified in their actions (protecting you or
another person in danger)
Embarrassment by touching a private part may be battery
Infliction of Emotional Distress (outrage) - correct answer ✔✔Newer tort than others, firmly established
tort
Started with unfair debt collection, collecting debt in unlawful ways such as dressing as police and going
to peoples houses (allows people to get back at the unlawful debt collectors)
Any type of harassment behavior (broken relationships, one person broke it off and the other person
doesn't get it)
Sometimes threats, or sometimes there is no harm meant
Injury to well-being or mental health, infliction of unwanted stress
Normally in person harm (bullying or harassment)
Can be related to social media as well, saying harmful things, posting embarrassing content
South Carolina has a harassment and stalking law (2 degrees)
Usually good evidence of this tort (texts, calls, messages, photos, videos)
Biggest issue is compensation because the evidence is easy to see (everyone has stress but lawyers have
to prove that their clients stress goes beyond the stresses of everyday life) (prove their emotional well
being has declined)
Malicious Prosecution - correct answer ✔✔Break a window, cut tires, throw a brick through a window
Damaging someone else's property on purpose
False Imprisionment - correct answer ✔✔The unlawful restraint of someone's freedom to move around
Restriction of movement unlawfully, can take place for seconds, hours, days, months, years
Situational (right to move in most situations- exception is kindergarten)
Many imprisonments are from shop lifting (need probable cause for it to not be unlawful)
Most common is where a retail merchant thinks someone is stealing, you stop the person, the police
come, there is no evidence of stealing, they let the person go (since they didn't let the person go and
there was no stealing, this is imprisonment tort)
, Big businesses don't take the risk of imprisonment and allow people to go if they are stealing and they
don't have all of the evidence
Merchants privilege:
When the person is detained, they have to have probable cause of shoplifting (reasonable probable
cause, significant likelihood) doesn't have to be after they pass the registers to stop them can be anytime
during their shopping
Restraint was done in a reasonable manner (depends on the reaction of the shoplifter, no deadly force)
Restrained for a reasonable amount of time (how long it takes for the police to come)
Defamation - correct answer ✔✔Act of harming or ruining another's reputation
Libel and slander are false statement that are made public (other people either read it or saw it), caused
damage to the reputation or subjected ridicule of the community (if no one else heard or saw it, it is not
defamation)
Libel - correct answer ✔✔written defamation
Slander - correct answer ✔✔spoken defamation
Trade Disparagement - correct answer ✔✔A false or misleading statement about another's business,
products, or services either written or spoken
Invasion of Privacy - correct answer ✔✔A reasonable expectation of privacy is broken and the invasion is
highly offensive.
Four acts that qualify as an invasion of privacy:
1. intrusion into an individual's affairs or seclusion. invading someone's home or illegally searching
someone's briefcase
2. False light. Publication of information that places a person in a false light for instance writing a story
about a person that attributes ideas and opinions not help by that person
3. Public disclosure of private facts. This occurs when a person publicly discloses private facts about an
individual that an ordinary person would find objectionable or embarrassing.
3. Appropriation of identity. Using a person's name, picture, or other likeness for commercial purposes
without permission
correct answers
Tort - correct answer ✔✔A wrongful injury to a person or property, very busy area of law (most filed
cases), no injury, no tort, primarily about compensation (law says you are to be compensated when a
tort occurs)
Tortfeasor - correct answer ✔✔The person or entity committing the tort
Three categories of Torts - correct answer ✔✔Intentional Tort (fault)
Negligence (fault)
Strict Liability
Three degrees when a tort becomes a criminal case - correct answer ✔✔The injury puts it in the degree
Third degree: slap in the face
Second degree: weapon is present
First degree: injury is very significant
When there is a possibility of a crime and a tort, the proceedings are separate and one decision does not
affect the other one (tried differently which means they may have different outcomes)
Not guilty in criminal trial does not mean they didn't do it, but that the lawyers and evidence did not
prove with unreasonable doubt that they committed the crime
Intentional Torts - correct answer ✔✔Mindset is bad, bad conduct of the tortfeasor, the person did it on
purpose and it was an intentional wrongful injury to a person or to property, tortfeasor could receive
compensation and fees from the lawsuit, punitive damages, and collateral criminal ratifications
Assault - correct answer ✔✔Threat to do harm to a person, one person wrongfully puts someone in fear
of their safety (no touching, injury is the fear)
,Battery - correct answer ✔✔Illegal touching of someone that causes them harm, unlawful toughing of
another person that causes damage (injury is the damage done)
After the physical confrontation, the tortfeasor may be justified in their actions (protecting you or
another person in danger)
Embarrassment by touching a private part may be battery
Infliction of Emotional Distress (outrage) - correct answer ✔✔Newer tort than others, firmly established
tort
Started with unfair debt collection, collecting debt in unlawful ways such as dressing as police and going
to peoples houses (allows people to get back at the unlawful debt collectors)
Any type of harassment behavior (broken relationships, one person broke it off and the other person
doesn't get it)
Sometimes threats, or sometimes there is no harm meant
Injury to well-being or mental health, infliction of unwanted stress
Normally in person harm (bullying or harassment)
Can be related to social media as well, saying harmful things, posting embarrassing content
South Carolina has a harassment and stalking law (2 degrees)
Usually good evidence of this tort (texts, calls, messages, photos, videos)
Biggest issue is compensation because the evidence is easy to see (everyone has stress but lawyers have
to prove that their clients stress goes beyond the stresses of everyday life) (prove their emotional well
being has declined)
Malicious Prosecution - correct answer ✔✔Break a window, cut tires, throw a brick through a window
Damaging someone else's property on purpose
False Imprisionment - correct answer ✔✔The unlawful restraint of someone's freedom to move around
Restriction of movement unlawfully, can take place for seconds, hours, days, months, years
Situational (right to move in most situations- exception is kindergarten)
Many imprisonments are from shop lifting (need probable cause for it to not be unlawful)
Most common is where a retail merchant thinks someone is stealing, you stop the person, the police
come, there is no evidence of stealing, they let the person go (since they didn't let the person go and
there was no stealing, this is imprisonment tort)
, Big businesses don't take the risk of imprisonment and allow people to go if they are stealing and they
don't have all of the evidence
Merchants privilege:
When the person is detained, they have to have probable cause of shoplifting (reasonable probable
cause, significant likelihood) doesn't have to be after they pass the registers to stop them can be anytime
during their shopping
Restraint was done in a reasonable manner (depends on the reaction of the shoplifter, no deadly force)
Restrained for a reasonable amount of time (how long it takes for the police to come)
Defamation - correct answer ✔✔Act of harming or ruining another's reputation
Libel and slander are false statement that are made public (other people either read it or saw it), caused
damage to the reputation or subjected ridicule of the community (if no one else heard or saw it, it is not
defamation)
Libel - correct answer ✔✔written defamation
Slander - correct answer ✔✔spoken defamation
Trade Disparagement - correct answer ✔✔A false or misleading statement about another's business,
products, or services either written or spoken
Invasion of Privacy - correct answer ✔✔A reasonable expectation of privacy is broken and the invasion is
highly offensive.
Four acts that qualify as an invasion of privacy:
1. intrusion into an individual's affairs or seclusion. invading someone's home or illegally searching
someone's briefcase
2. False light. Publication of information that places a person in a false light for instance writing a story
about a person that attributes ideas and opinions not help by that person
3. Public disclosure of private facts. This occurs when a person publicly discloses private facts about an
individual that an ordinary person would find objectionable or embarrassing.
3. Appropriation of identity. Using a person's name, picture, or other likeness for commercial purposes
without permission
