Question 1

When a person is protected by ______, the remarks made will be immune from a defamation suit, if the person has made them in good faith.
A) qualified privilege​
B) ​sovereign immunity
C) ​strict liability
D) ​vicarious liability

Accepted Answer

Qualified privilege is a defense against a defamation suit if the statements were made in good faith and for a legitimate interest, such as in the case of a journalist reporting on a matter of public concern or a reference check conducted by an employer. Sovereign immunity refers to the protection against lawsuits granted to the government and its officials. Strict liability and vicarious liability are not relevant to this question as they refer to different legal concepts.

Question 2

The elements of retaliatory demotion are quite the same as:
A) ​wrongful discharge.
B) ​intentional infliction of emotional distress.
C) ​strict liability.
D) ​willful misconduct.

Accepted Answer

Retaliatory demotion involves an employer taking adverse action against an employee in response to the employee engaging in protected activity, such as filing a complaint or reporting a violation of the law. Wrongful discharge occurs when an employer fires an employee in violation of an employment contract or in violation of the law, including retaliation. As such, both retaliatory demotion and wrongful discharge involve adverse employment actions that are illegal when taken in response to protected activity.

Question 3

If a state recognizes tort of negligent infliction of emotional distress, how will the defendant of that state be liable for damages?

Accepted Answer

The answer of If a state recognizes tort of negligent...

Question 4

Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?

Accepted Answer

The answer of Why have some courts been reluctant to...

Question 5

How does the court recognize qualified privilege?

Accepted Answer

The answer of How does the court recognize qualified privilege?...

Question 6

Which of the following applies to the protection of proprietary information by common law or state statute?​
A) ​Employee's social security number
B) ​Worker's compensation
C) ​Trade secret
D) ​Trademark

Accepted Answer

Protection of proprietary information by common law or state statute applies to trade secrets. Trade secrets can include formulas, processes, designs, or any information that gives a business a competitive advantage and is kept confidential.

Question 7

Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk.This repeated harassment caused Van to suffer from severe depression.In the above scenario, what type of tort can Van claim on Julie?​
A) ​negligent infliction of emotional distress
B) ​intentional infliction of emotional distress
C) ​absolute liability
D) ​libel

Accepted Answer

Van can claim intentional infliction of emotional distress as Julie intentionally engaged in harassing behavior that caused severe emotional distress.

Question 8

What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled, departing employees?​
A) ​Contributory negligence
B) ​Infringement of trade mark
C) ​Tort of trade secret
D) ​Non-compete clause

Accepted Answer

The answer of What kind of precautions do employers use...

Question 9

Which is business defamation?

Accepted Answer

The answer of Which is business defamation?...

Question 10

How can a person be immune from a defamation suit if he is protected by qualified privilege?

Accepted Answer

The answer of How can a person be immune from...

Question 11

The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office or calling are commonly recognized forms of:
A) ​per se defamation.
B) ​strict liability.
C) ​absolute liability.
D) ​negligence.

Accepted Answer

The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office, or calling are commonly recognized forms of per se defamation. This means that the statement is inherently or obviously defamatory and does not require the plaintiff to prove actual damages.

Question 12

Which of the following is considered an offense with lower level culpability compared to intentional infliction?​
A) ​Libel
B) ​Slander
C) ​Negligent infliction
D) ​Qualified privilege

Accepted Answer

Negligent infliction of emotional distress is considered a lower level offense as it involves a lack of reasonable care rather than intentional behavior. Libel, slander, and qualified privilege are not related to emotional distress.

Question 13

How are retaliatory demotion cases different from wrongful discharge suits?

Accepted Answer

The answer of How are retaliatory demotion cases different from...

Question 14

Which tort is only recognized by a minority of jurisdictions?​
A) ​libel
B) ​negligent infliction of emotional distress
C) ​intentional infliction of emotional distress
D) ​slander

Accepted Answer

Negligent infliction of emotional distress is recognized by a minority of jurisdictions because it requires proving that the defendant's negligence caused the plaintiff's emotional distress, which can be more difficult to establish compared to other torts like libel, slander, or intentional infliction of emotional distress.

Question 15

If a communication tends to harm the reputation of an individual to lower him or her in the estimation of the community or to deter third persons from associating or dealing with him or her, this is considered a:
A) ​felony.
B) ​defamation.
C) ​misdemeanor.
D) ​strict liability.

Accepted Answer

This is the definition of defamation, which can be either spoken (slander) or written (libel) and is often a civil tort rather than a criminal act.

Question 16

Explain the differences between libel or slander that is per se or not per se.

Accepted Answer

The answer of Explain the differences between libel or slander...

Question 17

How is a third party responsible for tortious interference with contract?

Accepted Answer

The answer of How is a third party responsible for...

Question 18

Explain the similarities and differences between libel and slander.

Accepted Answer

The answer of Explain the similarities and differences between libel...

Question 19

Under which law is the context of tortious interference with contract extracted from?​
A) ​Unemployment law
B) ​Civil law
C) ​Criminal law
D) ​Employment law

Accepted Answer

The answer of Under which law is the context of...

Question 20

Define the tort of defamation.

Accepted Answer

The answer of Define the tort of defamation....

Quiz 3: Commonly Committed Workplace Torts

When a person is protected by ______, the remarks made will be immune from a defamation suit, if the person has made them in good faith.

The elements of retaliatory demotion are quite the same as:

If a state recognizes tort of negligent infliction of emotional distress, how will the defendant of that state be liable for damages?

Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?

How does the court recognize qualified privilege?

Which of the following applies to the protection of proprietary information by common law or state statute?​

Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk.This repeated harassment caused Van to suffer from severe depression.In the above scenario, what type of tort can Van claim on Julie?​

What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled, departing employees?​

Which is business defamation?

How can a person be immune from a defamation suit if he is protected by qualified privilege?

The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office or calling are commonly recognized forms of:

Which of the following is considered an offense with lower level culpability compared to intentional infliction?​

How are retaliatory demotion cases different from wrongful discharge suits?

Which tort is only recognized by a minority of jurisdictions?​

If a communication tends to harm the reputation of an individual to lower him or her in the estimation of the community or to deter third persons from associating or dealing with him or her, this is considered a:

Explain the differences between libel or slander that is per se or not per se.

How is a third party responsible for tortious interference with contract?

Explain the similarities and differences between libel and slander.

Under which law is the context of tortious interference with contract extracted from?​

Define the tort of defamation.

Which of the following applies to the protection of proprietary information by common law or state statute?

Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk.This repeated harassment caused Van to suffer from severe depression.In the above scenario, what type of tort can Van claim on Julie?

What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled, departing employees?

Which of the following is considered an offense with lower level culpability compared to intentional infliction?

Which tort is only recognized by a minority of jurisdictions?

Under which law is the context of tortious interference with contract extracted from?