Question 1

Distinguish between pecuniary and non-pecuniary losses.Which of these can lead to compensation under the principles of tort law?

Accepted Answer

Pecuniary losses are monetary.They inclu

Question 2

Which of the following is synonymous with the legal term "exemplary damages"?

Accepted Answer

A)  special damages 
B)  pecuniary damages 
C)  punitive damages 
D)  general damages 
A)  special damages 
B)  pecuniary damages 
C)  punitive damages 
D)  general damages

Question 3

Which of the following is a distinguishing feature of a criminal hearing with respect to the burden of proof?

Accepted Answer

A)  A finding of guilt must be capable of being logically deduced from the evidence. 
B)  All elements of the alleged crimes must be proven beyond a reasonable doubt. 
C)  All elements of the alleged crime must be sufficient to raise a reasonable doubt. 
D)  A finding of guilt may be established without contrary evidence being presented. 
A)  A finding of guilt must be capable of being logically deduced from the evidence. 
B)  All elements of the alleged crimes must be proven beyond a reasonable doubt. 
C)  All elements of the alleged crime must be sufficient to raise a reasonable doubt. 
D)  A finding of guilt may be established without contrary evidence being presented.

Question 4

What must be established to give rise to a cause for a civil action based on primary liability?

Accepted Answer

A)  an act of self-defence 
B)  a criminal conviction 
C)  an individual's own misdeed 
D)  torts of assault and battery 
A)  an act of self-defence 
B)  a criminal conviction 
C)  an individual's own misdeed 
D)  torts of assault and battery

Question 5

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff's cost of future care?

Accepted Answer

A)  testimony from labour and vocational experts 
B)  expert testimony from accountants and/or actuaries 
C)  expert testimony from the provincial health insurer 
D)  testimony from medical, occupational, and rehabilitation experts 
A)  testimony from labour and vocational experts 
B)  expert testimony from accountants and/or actuaries 
C)  expert testimony from the provincial health insurer 
D)  testimony from medical, occupational, and rehabilitation experts

Question 6

Assault involves a threat of physical harm followed by actual physical contact.

Accepted Answer

A) True 
 B)False

Question 7

In a case involving joint tort-feasors,which of the following would a court most likely rely on when awarding damages to compensate an innocent party for their loss?

Accepted Answer

A)  each tort-feasor's ability to pay damages 
B)  each tort-feasor's risk of wrongful conduct 
C)  each tort-feasor's level of responsibility 
D)  each tort-feasor's contributory negligence 
A)  each tort-feasor's ability to pay damages 
B)  each tort-feasor's risk of wrongful conduct 
C)  each tort-feasor's level of responsibility 
D)  each tort-feasor's contributory negligence

Question 8

How do Crown prosecutors serve as the gatekeepers of the criminal courts?

Accepted Answer

A)  They typically determine which criminal offences to prosecute. 
B)  They are designated employees of the provincial governments. 
C)  They are designated employees of the federal government. 
D)  They typically work closely with police enforcement officers. 
A)  They typically determine which criminal offences to prosecute. 
B)  They are designated employees of the provincial governments. 
C)  They are designated employees of the federal government. 
D)  They typically work closely with police enforcement officers.

Question 9

Which of the following is a distinguishing characteristic of non-pecuniary damages?

Accepted Answer

A)  Non-pecuniary damage awards will increase in proportion to costs of future care. 
B)  Non-pecuniary damage awards will increase in proportion to medical costs incurred. 
C)  A serious, permanent injury will attract a higher general damage award. 
D)  A substantial income loss will result in an increased non-pecuniary damage award. 
A)  Non-pecuniary damage awards will increase in proportion to costs of future care. 
B)  Non-pecuniary damage awards will increase in proportion to medical costs incurred. 
C)  A serious, permanent injury will attract a higher general damage award. 
D)  A substantial income loss will result in an increased non-pecuniary damage award.

Question 10

If a court considers you to be a negligent tort-feasor,how must you have been shown to act?

Accepted Answer

A)  as a consumer having purchased a defective product 
B)  as the unwilling victim of another's harmful act 
C)  as being responsible for causing another's loss 
D)  as unwittingly having caused injury or harm to others 
A)  as a consumer having purchased a defective product 
B)  as the unwilling victim of another's harmful act 
C)  as being responsible for causing another's loss 
D)  as unwittingly having caused injury or harm to others

Question 11

Commission of an intentional tort will lead to liability,while commission of a negligent act typically will not.

Accepted Answer

A) True 
 B)False

Question 12

The risks of liability for torts are substantial for just about any business venture.As a result,good business requires good risk management.What are the implications in the human relations area? Also,how does a good risk management plan affect the cost of insurance? Explain.

Accepted Answer

Business risk of liability can be reduce

Question 13

Which of the following legal terms is derived from the Latin word meaning "crooked"?

Accepted Answer

A)  deceit 
B)  tort 
C)  thief 
D)  fraud 
A)  deceit 
B)  tort 
C)  thief 
D)  fraud

Question 14

Identify the party on whom attention is focused when a tort has been committed? Are the circumstances the same when a criminal offence has been committed? What is the primary purpose each form of law seeks to achieve with regard to individuals and their wrongful acts?

Accepted Answer

Tort law focuses on the victim and crimi

Question 15

Which of the following correctly characterizes the legal terms given to a criminal and the criminal's victim?

Accepted Answer

A)  petitioner, complainant 
B)  accused, defendant 
C)  petitioner, defendant 
D)  accused, complainant 
A)  petitioner, complainant 
B)  accused, defendant 
C)  petitioner, defendant 
D)  accused, complainant

Question 16

Which of the following would your law professor most likely indicate as being a valid defence to a claim for damages for losses arising from an alleged negligent act?

Accepted Answer

A)  The act causing the harmful event was unintentional. 
B)  The loss was reasonably unforeseeable or reasonably unpreventable 
C)  The act is an indictable offence under the Criminal Code of Canada. 
D)  The loss was reasonably foreseeable or reasonably preventable. 
A)  The act causing the harmful event was unintentional. 
B)  The loss was reasonably unforeseeable or reasonably unpreventable 
C)  The act is an indictable offence under the Criminal Code of Canada. 
D)  The loss was reasonably foreseeable or reasonably preventable.

Question 17

In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another's tortuous act,which of the following would also qualify for monetary compensation under tort law?

Accepted Answer

A)  enjoyment of life 
B)  recurring trespass 
C)  physical injury 
D)  slight economic harm 
A)  enjoyment of life 
B)  recurring trespass 
C)  physical injury 
D)  slight economic harm

Question 18

Which of the following denotes the categories of pecuniary damages that may be awarded in accordance with tort law?

Accepted Answer

A)  compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour 
B)  compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy 
C)  compensation for out-of-pocket expenses, loss of future income, and cost of future care 
D)  no-fault compensation for injured employees in lieu of their right to sue 
A)  compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour 
B)  compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy 
C)  compensation for out-of-pocket expenses, loss of future income, and cost of future care 
D)  no-fault compensation for injured employees in lieu of their right to sue

Question 19

Which of the following would immediately justify a court finding an employer vicariously liable?

Accepted Answer

A)  authorized actions within the ordinary course of employment 
B)  evidence of unauthorized mode of performance 
C)  evidence establishing a significant connection 
D)  authorized actions outside the ordinary scope of employment 
A)  authorized actions within the ordinary course of employment 
B)  evidence of unauthorized mode of performance 
C)  evidence establishing a significant connection 
D)  authorized actions outside the ordinary scope of employment

Question 20

Which of the following denotes the circumstances in which a court hearing a civil action will most likely determine it is necessary to punish a tort-feasor's offensive behaviour?

Accepted Answer

A)  where the defendant has sufficient assets to warrant such an award 
B)  where the victim requires modifications to his living accommodations 
C)  where the defendant might otherwise profit from the objectionable behaviour 
D)  where there has been significant out-of-pocket expenses resulting from injury 
A)  where the defendant has sufficient assets to warrant such an award 
B)  where the victim requires modifications to his living accommodations 
C)  where the defendant might otherwise profit from the objectionable behaviour 
D)  where there has been significant out-of-pocket expenses resulting from injury

Exam 10: Introduction to Tort Law

Distinguish between pecuniary and non-pecuniary losses.Which of these can lead to compensation under the principles of tort law?

Which of the following is synonymous with the legal term "exemplary damages"?

Which of the following is a distinguishing feature of a criminal hearing with respect to the burden of proof?

What must be established to give rise to a cause for a civil action based on primary liability?

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff's cost of future care?

Assault involves a threat of physical harm followed by actual physical contact.

In a case involving joint tort-feasors,which of the following would a court most likely rely on when awarding damages to compensate an innocent party for their loss?

How do Crown prosecutors serve as the gatekeepers of the criminal courts?

Which of the following is a distinguishing characteristic of non-pecuniary damages?

If a court considers you to be a negligent tort-feasor,how must you have been shown to act?

Commission of an intentional tort will lead to liability,while commission of a negligent act typically will not.

The risks of liability for torts are substantial for just about any business venture.As a result,good business requires good risk management.What are the implications in the human relations area? Also,how does a good risk management plan affect the cost of insurance? Explain.

Which of the following legal terms is derived from the Latin word meaning "crooked"?

Identify the party on whom attention is focused when a tort has been committed? Are the circumstances the same when a criminal offence has been committed? What is the primary purpose each form of law seeks to achieve with regard to individuals and their wrongful acts?

Which of the following correctly characterizes the legal terms given to a criminal and the criminal's victim?

Which of the following would your law professor most likely indicate as being a valid defence to a claim for damages for losses arising from an alleged negligent act?

In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another's tortuous act,which of the following would also qualify for monetary compensation under tort law?

Which of the following denotes the categories of pecuniary damages that may be awarded in accordance with tort law?

Which of the following would immediately justify a court finding an employer vicariously liable?

Which of the following denotes the circumstances in which a court hearing a civil action will most likely determine it is necessary to punish a tort-feasor's offensive behaviour?

Knowledge of Law as a Business Asset

The Canadian Legal System

Managing Legal Risks

Dispute Resolution

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non-enforcement of Contracts

Termination and Enforcement of Contracts

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Personal Property

Intellectual Property

Real Property

The Employment Relationship

Terminating the Employment Relationship

Professional Relationships

Sales and Marketing: The Contract, Product, and Promotion

Sales and Marketing: Price, Distribution, and Risk Management

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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