Question 1

If a person were to get a speeding ticket despite him not knowing he was over speeding,would the person be liable for negligence or intentional tort?

Accepted Answer

Negligence is defined as "the omission to do something which a reasonable man would do,or doing something which a prudent and reasonable man would not do." In the above scenario,the person's over speeding is an honest mistake that any prudent or reasonable man can make.Thus,the individual is not liable for negligence.Since the person,mentioned above,is unaware of his over speeding,he clearly lacks any intent to commit a crime.Hence,the person is not liable for an intentional tort.The person is guilty of violating traffic violations that are set in place to offset disastrous results.The person is thus liable for strict liability.Strict liabilities are liabilities without fault.

Question 2

If a lawyer fails to file a document with the court on time,causing his client's case to be dismissed,he would be liable for ________.

Accepted Answer

A)  professional malpractice 
B)  intentional misrepresentation 
C)  tort of appropriation 
D)  defamation 
A)  professional malpractice 
B)  intentional misrepresentation 
C)  tort of appropriation 
D)  defamation A

Question 3

Differentiate between assumption of risk and intervening events with an example.

Accepted Answer

Superseding or intervening events are events in an event-chain that are unforeseen circumstances that a person cannot be held liable for.For example,suppose a farmer accepts a sculptor's request of storing an outdoor sculpture in the farmer's front yard.The farmer negligently installs it on his lawn and it falls to the ground,ruining the sculpture in the process.So far down the event-chain,this is an example of a foreseeable event for which the farmer can be held liable.If a plaintiff knows of and voluntarily enters into or participates in a risky activity that results in injury,the law recognizes that the plaintiff assumed,or took on,the risk involved.This is an assumption of risk.For instance,under assumption of the risk,a race-car driver assumes the risk of being injured or killed in a crash.

Question 4

The intentional confinement of another person without authority and without that person's consent is termed ________.

Accepted Answer

A)  extortion 
B)  False imprisonment 
C)  assault 
D)  embezzlement 
A)  extortion 
B)  False imprisonment 
C)  assault 
D)  embezzlement

Question 5

Under the doctrine of unintentional tort,a person is liable for harm that is the unforeseeable consequence of his or her actions.

Accepted Answer

A) True 
 B)False

Question 6

Res ipsa loquitur raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Accepted Answer

A) True 
 B)False

Question 7

Bill buys a truck and replaces the regular tires with large tires to turn the vehicle into a monster truck.When he tries to drive the truck,the oversized tires cause the truck to roll over and crash.Bill then files a strict liability lawsuit against the truck manufacturer to recover for his injuries.Which of the following is the best defense for truck manufacturer in this lawsuit?

Accepted Answer

A)  comparative negligence 
B)  assumption of the risk 
C)  professional malpractice 
D)  superseding event 
A)  comparative negligence 
B)  assumption of the risk 
C)  professional malpractice 
D)  superseding event

Question 8

In a tort of appropriation case,the plaintiff can recover the unauthorized profits made by the offending party.

Accepted Answer

A) True 
 B)False

Question 9

The attractive nuisance doctrine is a tort rule that enforces breach of duty of care when a statute or an ordinance has been violated.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following actions would make Sarah liable for battery?

Accepted Answer

A)  She publishes an article defaming the current U.S. president. 
B)  She extends the boundary of her plot of land by encroaching two feet of her neighbor's plot. 
C)  She smuggles marijuana into the country. 
D)  She slaps her ex-husband because he denied her alimony. 
A)  She publishes an article defaming the current U.S. president. 
B)  She extends the boundary of her plot of land by encroaching two feet of her neighbor's plot. 
C)  She smuggles marijuana into the country. 
D)  She slaps her ex-husband because he denied her alimony.

Question 11

Michael,who wanted to shoot Gary,accidentally shot and injured Stella instead.Which of the following can Stella invoke to recover damages from Michael?

Accepted Answer

A)  strict liability doctrine 
B)  attractive nuisance doctrine 
C)  special negligence doctrine 
D)  transferred intent doctrine 
A)  strict liability doctrine 
B)  attractive nuisance doctrine 
C)  special negligence doctrine 
D)  transferred intent doctrine

Question 12

Which of the following can a defendant raise a defense against a plaintiff who voluntarily participated in an activity that had a high probability of resulting in injury to the plaintiff?

Accepted Answer

A)  superseding event 
B)  comparative fault 
C)  assumption of risk 
D)  intervening event 
A)  superseding event 
B)  comparative fault 
C)  assumption of risk 
D)  intervening event

Question 13

A(n)________ arises when a perpetrator aims to deceive an innocent party by knowingly resorting to False misrepresentation.

Accepted Answer

A)  inadvertent tort 
B)  unintentional tort 
C)  scienter 
D)  negligent action 
A)  inadvertent tort 
B)  unintentional tort 
C)  scienter 
D)  negligent action

Question 14

Compare and contrast between reasonable person standard and reasonable professional standard.

Accepted Answer

Standards are necessary benchmarks with

Question 15

Diane bought an action figure for her son David from Terrence's Toy Shop.The packaging did not mention that the toy contained small detachable parts.David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital.On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?

Accepted Answer

A)  negligence 
B)  deceit 
C)  fraud 
D)  disparagement 
A)  negligence 
B)  deceit 
C)  fraud 
D)  disparagement

Question 16

Explain the purpose and the legal implications of the Good Samaritan laws.

Accepted Answer

In the past,liability exposure made many

Question 17

According to the ________ doctrine,a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Accepted Answer

A)  contributory negligence 
B)  attractive nuisance 
C)  transferred intent 
D)  comparative negligence 
A)  contributory negligence 
B)  attractive nuisance 
C)  transferred intent 
D)  comparative negligence

Question 18

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.

Accepted Answer

A)  libel 
B)  res ipsa loquitur 
C)  slander 
D)  duty of care 
A)  libel 
B)  res ipsa loquitur 
C)  slander 
D)  duty of care

Question 19

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Accepted Answer

A)  Misrepresentation 
B)  Negligence 
C)  Disparagement 
D)  Fraud 
A)  Misrepresentation 
B)  Negligence 
C)  Disparagement 
D)  Fraud

Question 20

The violation of a statute that proximately causes an injury is termed as ________.

Accepted Answer

A)  disparagement 
B)  res ipsa loquitur 
C)  negligence per se 
D)  misappropriation 
A)  disparagement 
B)  res ipsa loquitur 
C)  negligence per se 
D)  misappropriation

Exam 5: Intentional Torts and Negligence

If a person were to get a speeding ticket despite him not knowing he was over speeding,would the person be liable for negligence or intentional tort?

If a lawyer fails to file a document with the court on time,causing his client's case to be dismissed,he would be liable for ________.

Differentiate between assumption of risk and intervening events with an example.

The intentional confinement of another person without authority and without that person's consent is termed ________.

Under the doctrine of unintentional tort,a person is liable for harm that is the unforeseeable consequence of his or her actions.

Res ipsa loquitur raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

In a tort of appropriation case,the plaintiff can recover the unauthorized profits made by the offending party.

The attractive nuisance doctrine is a tort rule that enforces breach of duty of care when a statute or an ordinance has been violated.

Which of the following actions would make Sarah liable for battery?

Michael,who wanted to shoot Gary,accidentally shot and injured Stella instead.Which of the following can Stella invoke to recover damages from Michael?

Which of the following can a defendant raise a defense against a plaintiff who voluntarily participated in an activity that had a high probability of resulting in injury to the plaintiff?

A(n)________ arises when a perpetrator aims to deceive an innocent party by knowingly resorting to False misrepresentation.

Compare and contrast between reasonable person standard and reasonable professional standard.

Explain the purpose and the legal implications of the Good Samaritan laws.

According to the ________ doctrine,a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

The violation of a statute that proximately causes an injury is termed as ________.

Legal Heritage and the Digital Age

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Third-Party Rights and Discharge

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Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

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Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

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