1. Store owners’ “conditional privilege” defense against intentional tort claims brought by detained shoplifting suspects, recognized by most states, usually
A) requires only that the store owner acted with reasonable cause in detaining the suspect.
B) requires only that the store owner detains the suspect for a reasonable length of time.
C) extends only to false imprisonment claims.
D) requires that the store owner act with reasonable cause, in a reasonable manner, and detain the suspect for only a reasonable length of time.
2. “Dr. Mel” is a psychiatrist who also is an occasional guest on a local New York radio show, offering on-air advice to the lovelorn. Competing radio talk show hosts, Ken and Dean, state on one of their shows that Dr. Mel “has been divorced three times and is driving his fourth wife to the divorce attorney as we speak.” In fact, Dr. Mel has been happily married to the same woman for twenty years. Assume Dr. Mel is a considered a “private figure.” In bringing a defamation claim against Ken and Dean, Dr. Mel must prove:
A) actual malice to win.
B) Prove fault, at least negligence, to win.
C) Actual malice to recover punitive damages.
D) Both b and c.
3. In defamation law’s interaction with the First Amendment, a “public figure”:
A) Includes ordinary people who voluntarily inject themselves into a matter of public controversy.
B) Is treated very differently from a “public official.”
C) Only includes people who are celebrities.
D) Can recover in strict liability against a media defendant.
4. Davis throws a dagger at Smith, intending to kill Smith. However, Davis misses Smith. Specifically, the dagger whizzes by Smith’s head, missing her by about one inch. Then, the dagger strikes the hat Potter is wearing on his head. The dagger does not make contact with Potter’s body. Of course, Davis did not intend to make contact with Potter. Unharmed but finding the whole thing offensive, Potter sues Davis for battery. Which of the following is most true?
A) Davis is not liable because he did not intend to make contact with Potter.
B) Davis is not liable because the knife did not make contact with Potter’s body.
C) Davis is not liable because Potter did not suffer any physical harm.
D) Davis is liable to Potter for battery.
