Question 1

The vicious propensity rule applies to ferae naturae .

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following is not an example of strict liability?

Accepted Answer

A)  While exterminating insects at a diner, Webster sprayed carcinogenic pesticides onto the restaurant's food preparation surfaces. 
B)  Mr. Major's prize pig, Fred, takes a liking to Kim's authentic first-century miniature Roman statue of Caesar, breaking off the stone figure at the base. 
C)  Andi's wild horse, which she purchased from the federal Bureau of Land Management, stomps on Mason's foot. 
D)  Patrick uses dynamite to remove tree trunks on his farm, causing windows in neighbor Christian's house to shatter. 
A)  While exterminating insects at a diner, Webster sprayed carcinogenic pesticides onto the restaurant's food preparation surfaces. 
B)  Mr. Major's prize pig, Fred, takes a liking to Kim's authentic first-century miniature Roman statue of Caesar, breaking off the stone figure at the base. 
C)  Andi's wild horse, which she purchased from the federal Bureau of Land Management, stomps on Mason's foot. 
D)  Patrick uses dynamite to remove tree trunks on his farm, causing windows in neighbor Christian's house to shatter. B

Question 3

Fault is irrelevant to strict liability cases.

Accepted Answer

A) True 
 B)False  True

Question 4

At common law, absolute liability can apply to domestic animals under which rule?

Accepted Answer

A)  Ferae naturae 
B)  Attack dog 
C)  Vicious propensity 
D)  Restatement (Second) of Torts § 520 
A)  Ferae naturae 
B)  Attack dog 
C)  Vicious propensity 
D)  Restatement (Second) of Torts § 520

Question 5

What distinguishes strict liability from negligence?

Accepted Answer

A)  Fault is irrelevant to strict liability but is important to negligence. 
B)  Intent is critical to strict liability but not to negligence. 
C)  Proximate cause is necessary to negligence but irrelevant to strict liability. 
D)  None of these choices. 
A)  Fault is irrelevant to strict liability but is important to negligence. 
B)  Intent is critical to strict liability but not to negligence. 
C)  Proximate cause is necessary to negligence but irrelevant to strict liability. 
D)  None of these choices.

Question 6

Under the common usage principle, an abnormally dangerous activity is one that is not commonly undertaken in everyday life.

Accepted Answer

A) True 
 B)False

Question 7

In which cases would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity?

Accepted Answer

A)  Negligence cases 
B)  Intentional tort cases 
C)  Abnormally dangerous activity cases 
D)  All of these choices. 
A)  Negligence cases 
B)  Intentional tort cases 
C)  Abnormally dangerous activity cases 
D)  All of these choices.

Question 8

The risks of an abnormally dangerous activity must outweigh the benefits the activity brings to the community in order for absolute liability to apply.

Accepted Answer

A) True 
 B)False

Question 9

The common usage principle states that

Accepted Answer

A)  animals used in common agricultural pursuits are presumed harmless. 
B)  ultrahazardous activities are those that can be avoided through the use of reasonable care. 
C)  abnormally dangerous activities are those that are not commonly undertaken in everyday life. 
D)  domestic animals are those commonly used near human habitations. 
A)  animals used in common agricultural pursuits are presumed harmless. 
B)  ultrahazardous activities are those that can be avoided through the use of reasonable care. 
C)  abnormally dangerous activities are those that are not commonly undertaken in everyday life. 
D)  domestic animals are those commonly used near human habitations.

Question 10

What is one of the public policy justifications for absolute liability?

Accepted Answer

A)  People who intend to injure others should be held accountable for their actions. 
B)  People engaged in certain dangerous activities should bear the risk of liability. 
C)  People engaged in careless activities should bear the risk of liability. 
D)  None of these choices. 
A)  People who intend to injure others should be held accountable for their actions. 
B)  People engaged in certain dangerous activities should bear the risk of liability. 
C)  People engaged in careless activities should bear the risk of liability. 
D)  None of these choices.

Question 11

Which of the following examples best illustrates absolute liability?

Accepted Answer

A)  Bob's pet python snake attacked Craig. 
B)  While mixing acids in her laboratory, Dr. Ehlers spilled a vial on Ami's shirt. 
C)  Jadie's pit bull terrier, known in the neighborhood as ill-tempered and vicious, attacked Stephanie. 
D)  All of these choices. 
A)  Bob's pet python snake attacked Craig. 
B)  While mixing acids in her laboratory, Dr. Ehlers spilled a vial on Ami's shirt. 
C)  Jadie's pit bull terrier, known in the neighborhood as ill-tempered and vicious, attacked Stephanie. 
D)  All of these choices.

Question 12

Proximate cause is important to which of the following tort cases?

Accepted Answer

A)  Wild animal-owner liability cases 
B)  Abnormally dangerous activity cases 
C)  Vicious domestic animal cases 
D)  All of these choices. 
A)  Wild animal-owner liability cases 
B)  Abnormally dangerous activity cases 
C)  Vicious domestic animal cases 
D)  All of these choices.

Question 13

Domitae naturae refers to

Accepted Answer

A)  wild animals. 
B)  domestic animals. 
C)  dead animals. 
D)  stray animals. 
A)  wild animals. 
B)  domestic animals. 
C)  dead animals. 
D)  stray animals.

Question 14

A mass tort occurs when

Accepted Answer

A)  many people are injured as the result of multiple tortious acts. 
B)  many people are injured as the result of a single tortious act. 
C)  many people file a single claim in a products liability lawsuit. 
D)  a single person files a lawsuit for himself or herself and other persons in the same situation. 
A)  many people are injured as the result of multiple tortious acts. 
B)  many people are injured as the result of a single tortious act. 
C)  many people file a single claim in a products liability lawsuit. 
D)  a single person files a lawsuit for himself or herself and other persons in the same situation.

Question 15

In which of the following cases could strict liability apply?

Accepted Answer

A)  Injuries caused by wild animals 
B)  Injuries caused by explosives 
C)  Injuries caused by toxic wastes 
D)  All of these choices. 
A)  Injuries caused by wild animals 
B)  Injuries caused by explosives 
C)  Injuries caused by toxic wastes 
D)  All of these choices.

Question 16

Proximate cause, as applied to absolute liability cases, is substantially different from the term as used in negligence cases.

Accepted Answer

A) True 
 B)False

Question 17

The duty of reasonable care is important to which of the following tort cases?

Accepted Answer

A)  Wild animal-owner liability cases 
B)  Abnormally dangerous activity cases 
C)  Vicious domestic animal cases 
D)  None of these choices. 
A)  Wild animal-owner liability cases 
B)  Abnormally dangerous activity cases 
C)  Vicious domestic animal cases 
D)  None of these choices.

Question 18

Which of the following defenses applies to animal-owner liability cases?

Accepted Answer

A)  Assumption of risk 
B)  Contributory negligence 
C)  Comparative negligence 
D)  All of these choices. 
A)  Assumption of risk 
B)  Contributory negligence 
C)  Comparative negligence 
D)  All of these choices.

Question 19

Ferae naturae refers to

Accepted Answer

A)  wild animals. 
B)  domestic animals. 
C)  dead animals. 
D)  stray animals. 
A)  wild animals. 
B)  domestic animals. 
C)  dead animals. 
D)  stray animals.

Question 20

An ultrahazardous activity must proximately cause the plaintiff's injuries in order for the defendant to be held strictly liable.

Accepted Answer

A) True 
 B)False

The vicious propensity rule applies to ferae naturae .

Which of the following is not an example of strict liability?

Fault is irrelevant to strict liability cases.

At common law, absolute liability can apply to domestic animals under which rule?

What distinguishes strict liability from negligence?

Under the common usage principle, an abnormally dangerous activity is one that is not commonly undertaken in everyday life.

In which cases would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity?

The risks of an abnormally dangerous activity must outweigh the benefits the activity brings to the community in order for absolute liability to apply.

The common usage principle states that

What is one of the public policy justifications for absolute liability?

Which of the following examples best illustrates absolute liability?

Proximate cause is important to which of the following tort cases?

Domitae naturae refers to

A mass tort occurs when

In which of the following cases could strict liability apply?

Proximate cause, as applied to absolute liability cases, is substantially different from the term as used in negligence cases.

The duty of reasonable care is important to which of the following tort cases?

Which of the following defenses applies to animal-owner liability cases?

Ferae naturae refers to

An ultrahazardous activity must proximately cause the plaintiff's injuries in order for the defendant to be held strictly liable.

Introduction to Torts and Legal Analysis

Negligence

Proving Breach of Duty Medical and Legal Malpractice

Special Negligence Actions

Defenses to Negligence

Intentional Torts Injuries to Persons

Intentional Torts More Njuries to Persons

Intentional Torts Injuries to Property

Defenses to Intentional Torts

Products Liability

Special Tort Actions

Tort Immunities

Tort Investigation

Filters

Exam 10: Strict or Absolute Liability

The vicious propensity rule applies to ferae naturae .

Which of the following is not an example of strict liability?

Fault is irrelevant to strict liability cases.

At common law, absolute liability can apply to domestic animals under which rule?

What distinguishes strict liability from negligence?

Under the common usage principle, an abnormally dangerous activity is one that is not commonly undertaken in everyday life.

In which cases would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity?

The risks of an abnormally dangerous activity must outweigh the benefits the activity brings to the community in order for absolute liability to apply.

The common usage principle states that

What is one of the public policy justifications for absolute liability?

Which of the following examples best illustrates absolute liability?

Proximate cause is important to which of the following tort cases?

Domitae naturae refers to

A mass tort occurs when

In which of the following cases could strict liability apply?

Proximate cause, as applied to absolute liability cases, is substantially different from the term as used in negligence cases.

The duty of reasonable care is important to which of the following tort cases?

Which of the following defenses applies to animal-owner liability cases?

Ferae naturae refers to

An ultrahazardous activity must proximately cause the plaintiff's injuries in order for the defendant to be held strictly liable.

Introduction to Torts and Legal Analysis

Negligence

Proving Breach of Duty Medical and Legal Malpractice

Special Negligence Actions

Defenses to Negligence

Intentional Torts Injuries to Persons

Intentional Torts More Njuries to Persons

Intentional Torts Injuries to Property

Defenses to Intentional Torts

Products Liability

Special Tort Actions

Tort Immunities

Tort Investigation

Filters