EXAM 1 PSU questions and answers
with solutions
NEGOTIATION - ANSWER - No neutral 3rd parties.
- Least formal
MEDIATION - ANSWER - Neutral 3rd party
- Mediator will recommend a solution.
- Not required to listen
- Can be binding or non-binding
ARBITRATION - ANSWER - Neutral 3rd party.
- Most like court.
- Will decide and it is usually binding.
Reasonable person standard - ANSWER o Determine if contact is offensive.
o Only matters if plaintiff thinks it is offensive.
Victims CAN file ONE lawsuit for multiple things. T/F - ANSWER True
"Slander per se" has OR has done any of the following - ANSWER o a loathsome disease.
o committed business, professional, or trade improprieties.
o been imprisoned for a serious crime.
o is "unchaste": or has engaged in serious sexual misconduct.
What is an ABSOLUTE DEFENSE to any claim that a statement is defamatory? - ANSWER TRUTH
,2 Types of Privileged Communication - ANSWER o Absolute privilege - Only available in judicial
and certain government proceedings
o Qualifies privilege - Made in good faith AND the "publication" is limited to those with a
legitimate interest in the statement.
Why is it hard for public figures to win defamatory cases? - ANSWER the actual malice standard
What makes someone a "public figure?" - ANSWER Voluntarily put themselves in the public eye.
Right of Privacy protects... - ANSWER The right to be left alone.
Defamation VS Right to Privacy - ANSWER o Defamation - injures reputation.
o RTP - injures feelings, emotional sensitives, or mental suffering.
Defenses to Right of Privacy... - ANSWER TRUTH IS NOT A DEFENSE
- Except for False Light Invasion of Privacy.
ACTUAL MALICE - ANSWER KNOW ITS FALSE OR RECKLESS REGARD FOR TRUTH (NO EFFORT TO
UNCOVER TRUTH).
Actual Malice is only proven for which two intentional torts? - ANSWER o DEFAMATION
o FALSE LIGHT INVASION OF PRIVACY
Using a picture or the name of another person to endorse your product without that person's
permission is what? - ANSWER An example of appropriation of identity
, FAIR VS NOT FAIR BUSINESS PRACTICES - ANSWER o Unfair (tort) - predatory business practice
o Fair (no tort) - competitive business practice.
Torts against property definition: - ANSWER Wrongful actions that interfere with an individual's
legally recognized rights to his/her land or personal property.
Real VS Personal Property - ANSWER o Real- land and permanent attachments to land
o Personal - all items that are NOT land or permanent attachments to land.
T/F - PHYSICAL TRESPASS NEEDS NOTICE? - ANSWER TRUE - NEEDS SIGNS
We control Land and Air on our property... - ANSWER "For a reasonable distance"
Is a minor (under 18) interference tortious? - ANSWER NO
Trespass to personal property does/doesn't require bad faith? - ANSWER Requires NO BAD
FAITH.
Remedies for CONVERSION: - ANSWER o A true owner may ask for return of the property.
o True owner may ask for the monetary value of the property.
Intentional Torts: - ANSWER 1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Defamation
6. Right to Privacy
with solutions
NEGOTIATION - ANSWER - No neutral 3rd parties.
- Least formal
MEDIATION - ANSWER - Neutral 3rd party
- Mediator will recommend a solution.
- Not required to listen
- Can be binding or non-binding
ARBITRATION - ANSWER - Neutral 3rd party.
- Most like court.
- Will decide and it is usually binding.
Reasonable person standard - ANSWER o Determine if contact is offensive.
o Only matters if plaintiff thinks it is offensive.
Victims CAN file ONE lawsuit for multiple things. T/F - ANSWER True
"Slander per se" has OR has done any of the following - ANSWER o a loathsome disease.
o committed business, professional, or trade improprieties.
o been imprisoned for a serious crime.
o is "unchaste": or has engaged in serious sexual misconduct.
What is an ABSOLUTE DEFENSE to any claim that a statement is defamatory? - ANSWER TRUTH
,2 Types of Privileged Communication - ANSWER o Absolute privilege - Only available in judicial
and certain government proceedings
o Qualifies privilege - Made in good faith AND the "publication" is limited to those with a
legitimate interest in the statement.
Why is it hard for public figures to win defamatory cases? - ANSWER the actual malice standard
What makes someone a "public figure?" - ANSWER Voluntarily put themselves in the public eye.
Right of Privacy protects... - ANSWER The right to be left alone.
Defamation VS Right to Privacy - ANSWER o Defamation - injures reputation.
o RTP - injures feelings, emotional sensitives, or mental suffering.
Defenses to Right of Privacy... - ANSWER TRUTH IS NOT A DEFENSE
- Except for False Light Invasion of Privacy.
ACTUAL MALICE - ANSWER KNOW ITS FALSE OR RECKLESS REGARD FOR TRUTH (NO EFFORT TO
UNCOVER TRUTH).
Actual Malice is only proven for which two intentional torts? - ANSWER o DEFAMATION
o FALSE LIGHT INVASION OF PRIVACY
Using a picture or the name of another person to endorse your product without that person's
permission is what? - ANSWER An example of appropriation of identity
, FAIR VS NOT FAIR BUSINESS PRACTICES - ANSWER o Unfair (tort) - predatory business practice
o Fair (no tort) - competitive business practice.
Torts against property definition: - ANSWER Wrongful actions that interfere with an individual's
legally recognized rights to his/her land or personal property.
Real VS Personal Property - ANSWER o Real- land and permanent attachments to land
o Personal - all items that are NOT land or permanent attachments to land.
T/F - PHYSICAL TRESPASS NEEDS NOTICE? - ANSWER TRUE - NEEDS SIGNS
We control Land and Air on our property... - ANSWER "For a reasonable distance"
Is a minor (under 18) interference tortious? - ANSWER NO
Trespass to personal property does/doesn't require bad faith? - ANSWER Requires NO BAD
FAITH.
Remedies for CONVERSION: - ANSWER o A true owner may ask for return of the property.
o True owner may ask for the monetary value of the property.
Intentional Torts: - ANSWER 1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Defamation
6. Right to Privacy
