Question 1

Which of the following is not one of the recent tort trends?

Accepted Answer

A)  Off-label use of drugs 
B)  Veterinary malpractice 
C)  Slip-and-fall cases 
D)  Cyber-squatting 
A)  Off-label use of drugs 
B)  Veterinary malpractice 
C)  Slip-and-fall cases 
D)  Cyber-squatting C

Question 2

Which of the following tests is sometimes applied to distinguish governmental from proprietary activities?

Accepted Answer

A)  Reasonable person standard 
B)  Fee standard 
C)  Pecuniary standard 
D)  None of these choices. 
A)  Reasonable person standard 
B)  Fee standard 
C)  Pecuniary standard 
D)  None of these choices. B

Question 3

Over the past twenty years, many state courts and legislatures have abolished or significantly limited sovereign immunity.

Accepted Answer

A) True 
 B)False  True

Question 4

Which of the following is the best illustration of governmental immunity?

Accepted Answer

A)  The county's failure to provide 911 emergency telephone dispatch service between the hours of midnight and 6:00 a.m, 
B)  The city police beating up a suspect in the street 
C)  The state police stopping only out-of-state drivers for traffic violations 
D)  The county prosecutor offering reduced sentencing to criminal defendants in exchange for stolen goods 
A)  The county's failure to provide 911 emergency telephone dispatch service between the hours of midnight and 6:00 a.m, 
B)  The city police beating up a suspect in the street 
C)  The state police stopping only out-of-state drivers for traffic violations 
D)  The county prosecutor offering reduced sentencing to criminal defendants in exchange for stolen goods

Question 5

All public officials are immune from torts.

Accepted Answer

A) True 
 B)False

Question 6

Most states still follow the common-law rule that children of tender years are immune from intentional tort liability.

Accepted Answer

A) True 
 B)False

Question 7

In negligence cases, a young child's age

Accepted Answer

A)  makes it impossible for the child to be considered negligent. 
B)  is only one factor considered by most courts regarding the child's negligence. 
C)  is irrelevant to negligence. 
D)  makes the child absolutely immune from intentional torts. 
A)  makes it impossible for the child to be considered negligent. 
B)  is only one factor considered by most courts regarding the child's negligence. 
C)  is irrelevant to negligence. 
D)  makes the child absolutely immune from intentional torts.

Question 8

Which of the following allows private parties to sue the United States in federal court?

Accepted Answer

A)  42 U.S.C. § 1983 
B)  U.S. Constitution 
C)  Bill of Rights 
D)  Federal Tort Claims Act 
A)  42 U.S.C. § 1983 
B)  U.S. Constitution 
C)  Bill of Rights 
D)  Federal Tort Claims Act

Question 9

Governments are immune from tort liability for proprietary actions.

Accepted Answer

A) True 
 B)False

Question 10

Governmental actions are those that

Accepted Answer

A)  governments perform when they provide certain public protection services. 
B)  are business-like activities engaged in by the government. 
C)  are not immune from tort liability. 
D)  All of these choices. 
A)  governments perform when they provide certain public protection services. 
B)  are business-like activities engaged in by the government. 
C)  are not immune from tort liability. 
D)  All of these choices.

Question 11

The family immunity doctrine covers

Accepted Answer

A)  brothers and sisters. 
B)  cousins. 
C)  parents and children. 
D)  All of these choices. 
A)  brothers and sisters. 
B)  cousins. 
C)  parents and children. 
D)  All of these choices.

Question 12

Most courts grant absolute immunity to children of tender years for their negligent actions.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following best illustrates the immunity extended to children of tender years?

Accepted Answer

A)  Doug, age 10, throws a ninja sword at Colleen, age 6, injuring her leg. 
B)  Gunner, age 9, shoots a BB gun at Bryce, age 11, wounding his chest. 
C)  Madison, age 2½, hits Tristan, age 5, in the head with a frying pan. 
D)  All of these choices. 
A)  Doug, age 10, throws a ninja sword at Colleen, age 6, injuring her leg. 
B)  Gunner, age 9, shoots a BB gun at Bryce, age 11, wounding his chest. 
C)  Madison, age 2½, hits Tristan, age 5, in the head with a frying pan. 
D)  All of these choices.

Question 14

The governmental/proprietary distinction is used by some courts in cases involving

Accepted Answer

A)  sovereign immunity. 
B)  products liability. 
C)  public nuisance. 
D)  intentional torts. 
A)  sovereign immunity. 
B)  products liability. 
C)  public nuisance. 
D)  intentional torts.

Question 15

Statutes of limitations can provide absolute tort immunity for a defendant if a plaintiff does not file his or her lawsuit within a certain time period.

Accepted Answer

A) True 
 B)False

Question 16

As a result of workers' compensation statutes,

Accepted Answer

A)  employers are immune from most employee suits. 
B)  employees are provided a means for bringing lawsuits against their employers. 
C)  employees are provided supplemental insurance. 
D)  None of these choices. 
A)  employers are immune from most employee suits. 
B)  employees are provided a means for bringing lawsuits against their employers. 
C)  employees are provided supplemental insurance. 
D)  None of these choices.

Question 17

Which of the following best illustrates the successful use of public official immunity?

Accepted Answer

A)  Superior Court Judge Winston was sued for trespass to land by his neighbor, Mr. Hoffmann, who claimed that the judge entered his property and cut a dozen roses from Mr. Hoffmann's prize-winning rose bushes. 
B)  Mayor Teresa Kalb was arrested for driving under the influence of alcohol. 
C)  State legislator Megan O'Shea stated during a committee hearing on her bill that members of a lobby group, Defenders of Decency (DO
D) , which opposed her bill, were "just another bunch of extremists trying to grab the spotlight." DOD sued O'Shea for defamation. 
D)  All of these choices. 
A)  Superior Court Judge Winston was sued for trespass to land by his neighbor, Mr. Hoffmann, who claimed that the judge entered his property and cut a dozen roses from Mr. Hoffmann's prize-winning rose bushes. 
B)  Mayor Teresa Kalb was arrested for driving under the influence of alcohol. 
C)  State legislator Megan O'Shea stated during a committee hearing on her bill that members of a lobby group, Defenders of Decency (DO
D) , which opposed her bill, were "just another bunch of extremists trying to grab the spotlight." DOD sued O'Shea for defamation. 
D)  All of these choices.

Question 18

Which public officials are usually given absolute immunity from tort liability while performing their public duties?

Accepted Answer

A)  Legislators and politicians 
B)  Judges and legislators 
C)  Judges and police 
D)  All governmental employees 
A)  Legislators and politicians 
B)  Judges and legislators 
C)  Judges and police 
D)  All governmental employees

Question 19

Proprietary actions are those that

Accepted Answer

A)  are not immune from tort liability. 
B)  are business-like activities engaged in by the government. 
C)  often include the provision of utility services. 
D)  All of these choices. 
A)  are not immune from tort liability. 
B)  are business-like activities engaged in by the government. 
C)  often include the provision of utility services. 
D)  All of these choices.

Question 20

In many jurisdictions, children of tender years can be held liable for their negligent behavior.

Accepted Answer

A) True 
 B)False

Which of the following is not one of the recent tort trends?

Which of the following tests is sometimes applied to distinguish governmental from proprietary activities?

Over the past twenty years, many state courts and legislatures have abolished or significantly limited sovereign immunity.

Which of the following is the best illustration of governmental immunity?

All public officials are immune from torts.

Most states still follow the common-law rule that children of tender years are immune from intentional tort liability.

In negligence cases, a young child's age

Which of the following allows private parties to sue the United States in federal court?

Governments are immune from tort liability for proprietary actions.

Governmental actions are those that

The family immunity doctrine covers

Most courts grant absolute immunity to children of tender years for their negligent actions.

Which of the following best illustrates the immunity extended to children of tender years?

The governmental/proprietary distinction is used by some courts in cases involving

Statutes of limitations can provide absolute tort immunity for a defendant if a plaintiff does not file his or her lawsuit within a certain time period.

As a result of workers' compensation statutes,

Which of the following best illustrates the successful use of public official immunity?

Which public officials are usually given absolute immunity from tort liability while performing their public duties?

Proprietary actions are those that

In many jurisdictions, children of tender years can be held liable for their negligent behavior.

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

Strict or Absolute Liability

Products Liability

Special Tort Actions

Tort Investigation

Filters

Exam 13: Tort Immunities

Which of the following is not one of the recent tort trends?

Which of the following tests is sometimes applied to distinguish governmental from proprietary activities?

Over the past twenty years, many state courts and legislatures have abolished or significantly limited sovereign immunity.

Which of the following is the best illustration of governmental immunity?

All public officials are immune from torts.

Most states still follow the common-law rule that children of tender years are immune from intentional tort liability.

In negligence cases, a young child's age

Which of the following allows private parties to sue the United States in federal court?

Governments are immune from tort liability for proprietary actions.

Governmental actions are those that

The family immunity doctrine covers

Most courts grant absolute immunity to children of tender years for their negligent actions.

Which of the following best illustrates the immunity extended to children of tender years?

The governmental/proprietary distinction is used by some courts in cases involving

Statutes of limitations can provide absolute tort immunity for a defendant if a plaintiff does not file his or her lawsuit within a certain time period.

As a result of workers' compensation statutes,

Which of the following best illustrates the successful use of public official immunity?

Which public officials are usually given absolute immunity from tort liability while performing their public duties?

Proprietary actions are those that

In many jurisdictions, children of tender years can be held liable for their negligent behavior.

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

Strict or Absolute Liability

Products Liability

Special Tort Actions

Tort Investigation

Filters