Law: SB # 5 Flashcards
Sally is a coal miner. While digging underground, she unknowingly crossed the boundary line between her property and the property of Brandon. Upon learning of these events, Brandon sued Sally on a theory of conversion for the purpose of being compensated for the coal Sally took from his property. Which of the following is most likely?
Sally will win. Brandon will win.
b
The function of the tort of conversion is to reimburse the owner of property, not to punish. In this context, Sally’s conduct is viewed as the intentional act of taking the coal; that is, she intended to take possession of coal, and she did. It is not necessary to prove that her conduct was directed against Brandon.
Joe, a business law professor at Brigham Young University, and Melissa, the President of Brigham Young University, are each falsely accused by Alan, a student, of embezzling money from the university. Which of the following is most correct?
In a lawsuit against Alan based on defamation, Melissa would find it easier than Joe to win. In a lawsuit against Alan based on defamation, Joe would find it easier than Melissa to win.
b
Joe is not a public figure, but Melissa is. Melissa must prove that Alan made his allegations with actual malice. Joe, who is not a public figure, is not held to such a high standard (see, Seegmiller v. KSL, Inc. in the text) and would therefore find it easier to win.
Refer to this scenario for the following two questions: Ben and Judy are neighbors and they get into an argument about the proper location of a fence between their properties. When Judy will not agree to the location that Ben proposes, he threatens to reveal to the neighbors what he had accidentally learned—that Judy had been suspected of soliciting prostitution twenty-five years ago. Judy has been a model citizen for the last twenty-five years.
3. If Ben follows through with his threat, which of the following torts would offer Judy the best chance of success in a suit against Ben? invasion of privacy intentional infliction of emotional distress defamation
a
Truth is an absolute defense to a claim of defamation and Ben is telling the truth.
Refer to this scenario for the following two questions: Ben and Judy are neighbors and they get into an argument about the proper location of a fence between their properties. When Judy will not agree to the location that Ben proposes, he threatens to reveal to the neighbors what he had accidentally learned—that Judy had been suspected of soliciting prostitution twenty-five years ago. Judy has been a model citizen for the last twenty-five years.
Suppose that Ben does not follow through with his threat. Could Judy successfully sue Ben on an assault theory?
Yes, Ben has committed all of the elements of the intentional tort of assault. No, Ben has not committed all of the elements of the intentional tort of assault.
b
No, Ben has not committed all of the elements of the intentional tort of assault.
- O. J. Simpson was prosecuted by California on a charge of murdering his ex-wife. In addition, Mr. Simpson was sued by the family of his ex-wife (on a variety of tort theories) for his conduct in allegedly causing the death of his ex-wife. Mr. Simpson was acquitted in the criminal case and found liable in the civil case. Which of the following is the most correct?The two cases were of equal difficulty, and the fact that Mr. Simpson won the criminal case and lost the civil case means that Mr. Simpson’s opponents in the civil case did a better job than his opponents in the criminal case.
If Mr. Simpson had been convicted in the criminal case, the civil case would have been barred because of the double jeopardy limitation.
The civil case was an easier case for Mr. Simpson’s opponents to win.
The criminal case was an easier case for Mr. Simpson’s opponents to win.
c
- One night Corey calls Julia (a respectable married woman) on the telephone and proposes a romantic tryst between them involving drug use and highly offensive sexual conduct. Julia becomes angered and tells him that if she hears such a proposal from him again, she will take a baseball bat and break both of his knees. Based on this exchange, Corey sues Julia and she counterclaims against him. Which of the following is the most correct?Corey will win against Julia on a theory of assault.
Julia will win against Corey on a theory of intentional infliction of emotional distress.
Neither Corey nor Julia will win against the other.
c
Neither Corey nor Julia will win against the other.
Holly and Joan are roommates. Holly’s sweater is missing, and in an argument in their apartment Holly falsely accuses Joan of stealing her sweater. Which of the following is correct?
These facts establish all of the facts necessary for a defamation action. These facts do not establish all of the facts necessary for a defamation action.
b
The false allegation took place in the girls’ apartment, so there is no evidence that the false allegation was published.
- Matthew walks up to Lisa and Sarah on a dark public street and threatens them with a gun. Lisa is not frightened, but Sarah is very frightened. Matthew’s intention is to rob Lisa and Sarah, but he changes his mind when a police car comes down the street. The gun was unloaded, but neither woman knew that. Assume that Lisa and Sarah sue Matthew on a theory of assault.Both women will lose because the gun was unloaded and therefore neither woman was actually in jeopardy.
If both women were apprehensive for their physical safety they will win, even though Lisa was not frightened and even though the gun was not loaded.
Lisa will lose because she was not frightened, but Sarah will win because she was.
b
If both women were apprehensive for their physical safety they will win, even though Lisa was not frightened and even though the gun was not loaded.
Wilbur, an avid amateur golfer, hits a long golf shot, which slices onto the adjoining fairway and hits another golfer, named Valerie. She sues Wilbur for battery.
Wilbur will win. Valerie will win.
a
Wilbur
Otis’s cabin in the mountains was repeatedly burglarized. In response, Otis fastened a shotgun to a table and connected the trigger of the shotgun to the door. When Vaughn broke into the cabin, the shotgun blew off part of one of his legs. If Vaughn sued Otis on a battery theory, what is the most likely outcome?
Vaughn was a trespasser, but Otis’s response was excessive, and therefore Vaughn will win. Vaughn was a trespasser, and therefore, he will lose.
a
Deadly force may not be used to prevent theft when no threat to personal safety is involved.
