Question 1

The type of legal injury which occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of hjs or her property is:

Accepted Answer

A)  An aggravation. 
B)  Eminent domain. 
C)  An annoyance. 
D)  A nuisance. 
E)  Adverse possession. 
A)  An aggravation. 
B)  Eminent domain. 
C)  An annoyance. 
D)  A nuisance. 
E)  Adverse possession. D

Question 2

Identify and discuss the elements of a prima facie case of negligence.

Accepted Answer

A prima facie case of negligence consists of four elements that must be proven in order to establish a claim for negligence. These elements are duty, breach of duty, causation, and damages.

The first element, duty, refers to the legal obligation that one person owes to another to exercise reasonable care in their actions. This duty is typically based on the relationship between the parties, such as a doctor-patient relationship or a driver's duty to other motorists on the road.

The second element, breach of duty, occurs when the defendant fails to meet the standard of care required by their duty. This can be shown by demonstrating that the defendant's actions fell below what a reasonable person would do in similar circumstances.

The third element, causation, requires that the plaintiff prove that the defendant's breach of duty was the direct cause of the plaintiff's injuries or damages. This can be established through evidence showing that the defendant's actions were a substantial factor in causing the harm.

The final element, damages, refers to the actual harm suffered by the plaintiff as a result of the defendant's negligence. This can include physical injuries, emotional distress, or financial losses.

In order to establish a prima facie case of negligence, all four of these elements must be proven by the plaintiff. If any one of these elements is not established, the claim for negligence will not succeed.

Question 3

Richard left his textbook by those noted authors, Calvi and Coleman, on the table in the Student Union building in his eagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed:

Accepted Answer

A)  Conversion. 
B)  Trespass to chattel. 
C)  Nuisance. 
D)  Robbery. 
E)  Burglary. 
A)  Conversion. 
B)  Trespass to chattel. 
C)  Nuisance. 
D)  Robbery. 
E)  Burglary. A

Question 4

You are representing the estate and surviving family of a murder victim who was a prominent banker. The forensic pathologist's report that there was cocaine present in the victim's blood was widely reported by the media. That report has now been discredited. In your multi-million-dollar lawsuit, what types of relief are appropriate?

Accepted Answer

A)  Damages for the mental anguish of the victim's family. 
B)  Damages for invasion of privacy. 
C)  Damages for negligence in conducting the autopsy. 
D)  Compensation for the costs of the exhumation and in filing the litigation. 
E)  All of the above. 
A)  Damages for the mental anguish of the victim's family. 
B)  Damages for invasion of privacy. 
C)  Damages for negligence in conducting the autopsy. 
D)  Compensation for the costs of the exhumation and in filing the litigation. 
E)  All of the above.

Question 5

McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

Accepted Answer

A)  Implied warranty of merchantability. 
B)  Product liability. 
C)  Implied warranty of fitness. 
D)  All of the above. 
E)  None of the above. 
A)  Implied warranty of merchantability. 
B)  Product liability. 
C)  Implied warranty of fitness. 
D)  All of the above. 
E)  None of the above.

Question 6

Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra:

Accepted Answer

A)  Owes a duty of ordinary care in designing the building. 
B)  Is held to a higher standard of care in her building designs than a weekend carpenter would be in building an addition to her home. 
C)  Would be held to the same standard of care as a geologist would be in designing the building. 
D)  A and B. 
E)  A and C. 
A)  Owes a duty of ordinary care in designing the building. 
B)  Is held to a higher standard of care in her building designs than a weekend carpenter would be in building an addition to her home. 
C)  Would be held to the same standard of care as a geologist would be in designing the building. 
D)  A and B. 
E)  A and C.

Question 7

Which of the following is a business-related tort?

Accepted Answer

A)  Your local professional football team opens negotiations with Peyton Manning to persuade him to abandon his $98,000,000 contract with the Denver Bronchos to come to play for them. 
B)  A university president fires a whistleblower for advising the criminal d strict attorney of the president's maJfeasance. 
C)  A new soft drinks company is marketing its product "Goca-Cola" in a red can with white waves running horizontally and the name in script. 
D)  A corporation retains Richard Roe to ransack the home of the CE0's leading foe in order to obtain damaging material. 
E)  All of the above. 
A)  Your local professional football team opens negotiations with Peyton Manning to persuade him to abandon his $98,000,000 contract with the Denver Bronchos to come to play for them. 
B)  A university president fires a whistleblower for advising the criminal d strict attorney of the president's maJfeasance. 
C)  A new soft drinks company is marketing its product "Goca-Cola" in a red can with white waves running horizontally and the name in script. 
D)  A corporation retains Richard Roe to ransack the home of the CE0's leading foe in order to obtain damaging material. 
E)  All of the above.

Question 8

A university football coach has been accused of mistreatment of a student He denies the well-publicized charges and files a civil lawsuit against various news agencies. Which of the following are defenses that are likely to be utilized?

Accepted Answer

A)  Truth. 
B)  Unfair competition. 
C)  That he is a public figure and must show actual malice in order to recover. 
D)  A and B. 
E)  A and C. 
A)  Truth. 
B)  Unfair competition. 
C)  That he is a public figure and must show actual malice in order to recover. 
D)  A and B. 
E)  A and C.

Question 9

Identify and discuss the various types of interests protected by tort law as well as the various theories of tort with specific examples.

Accepted Answer

Tort law protects a wide range of intere

Question 10

Which of the following is not a theory of recovery in tort law?

Accepted Answer

A)  Negligence. 
B)  Strict liability. 
C)  Intentional torts. 
D)  Breach of warranty. 
E)  Product liability. 
A)  Negligence. 
B)  Strict liability. 
C)  Intentional torts. 
D)  Breach of warranty. 
E)  Product liability.

Question 11

The jury found that Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of:

Accepted Answer

A)  Comparative negligence. 
B)  Contributory negligence. 
C)  Res ipsa loquitor. 
D)  Non pro bono. 
E)  All of the above. 
A)  Comparative negligence. 
B)  Contributory negligence. 
C)  Res ipsa loquitor. 
D)  Non pro bono. 
E)  All of the above.

Question 12

Discuss immunity as protection in litigation.

Accepted Answer

Immunity as protection in litigation ref

Question 13

Maria was driving a Ford Pinto when the car was involved in a minor traffic accident. The gas tank exploded and she was severely burned. She may:

Accepted Answer

A)  Receive damages for the fear and apprehension that a bystander suffered as a result of the accident. 
B)  File a tort action for product liability against the manufacturer, Ford Motor Company. 
C)  File a contract action for breach of warranty of merchantability against her automobile dealer. 
D)  A and C. 
E)  B and C. 
A)  Receive damages for the fear and apprehension that a bystander suffered as a result of the accident. 
B)  File a tort action for product liability against the manufacturer, Ford Motor Company. 
C)  File a contract action for breach of warranty of merchantability against her automobile dealer. 
D)  A and C. 
E)  B and C.

Question 14

Caleb is stabbed by Zachariah during a barroom brawl. The injury is serious but not life-threatening. During surgery at the hospital where there is medical malpractice, Caleb dies. Caleb's family files wrongful death suits against Zachariah, the hospital, and the doctor. Zachariah's most successful defense will probably be:

Accepted Answer

A)  That Caleb consented to the attack. 
B)  That Zachariah's action was not the proximate cause of Caleb'sdeath and that the doctor's intervening actions removed liability from him. 
C)  That the doctor has more money than Zachariah and the one with deeper pockets should be held solely liable. 
D)  That Caleb was known to be a troublemaker. 
E)  All of the above. 
A)  That Caleb consented to the attack. 
B)  That Zachariah's action was not the proximate cause of Caleb'sdeath and that the doctor's intervening actions removed liability from him. 
C)  That the doctor has more money than Zachariah and the one with deeper pockets should be held solely liable. 
D)  That Caleb was known to be a troublemaker. 
E)  All of the above.

Question 15

While attending a hockey game, you are injured by a flying puck and sue the hockey club. The team's most likely defense is:

Accepted Answer

A)  Voluntary assumption of the risk. 
B)  Respondeat superior. 
C)  Negligence per se. 
D)  Res ipsa loquitor. 
E)  All of the above. 
A)  Voluntary assumption of the risk. 
B)  Respondeat superior. 
C)  Negligence per se. 
D)  Res ipsa loquitor. 
E)  All of the above.

Question 16

The textbook characterizes tort law as:

Accepted Answer

A)  Stable. 
B)  Fluid. 
C)  Atrophied. 
D)  Fossilized. 
E)  Anachronism. 
A)  Stable. 
B)  Fluid. 
C)  Atrophied. 
D)  Fossilized. 
E)  Anachronism.

Question 17

Identify and discuss various types of injuries for which the plaintiff might recover damages.

Accepted Answer

There are several types of injuries for

Question 18

Discuss strict liability torts.

Accepted Answer

Strict liability torts are a type of tor

Question 19

Shakira slips on a grape at the grocery store, suffers injuries, and is now suing. Which of the following is the appropriate theory of recovery?

Accepted Answer

A)  Breach of warranty. 
B)  Negligence. 
C)  Product liability. 
D)  Intentional tort. 
E)  None of the above. 
A)  Breach of warranty. 
B)  Negligence. 
C)  Product liability. 
D)  Intentional tort. 
E)  None of the above.

Question 20

In negligence cases, the actions of the tortfeasor are measured by which standard? ---

Accepted Answer

A)  Whether, under the circumstances of the case, the actor acted as a "reasonably prudent person of ordinary intelligence" would act. 
B)  Whether, under the circumstances, the actor consciously disregarded a substantial and unjustifiable risk. 
C)  Whether, under the circumstances, the actor ought to have been aware of a substantial and unjustifiable risk. 
D)  Whether the actor had a conscious objective to cause the result. 
E)  None of the above. 
A)  Whether, under the circumstances of the case, the actor acted as a "reasonably prudent person of ordinary intelligence" would act. 
B)  Whether, under the circumstances, the actor consciously disregarded a substantial and unjustifiable risk. 
C)  Whether, under the circumstances, the actor ought to have been aware of a substantial and unjustifiable risk. 
D)  Whether the actor had a conscious objective to cause the result. 
E)  None of the above.

The type of legal injury which occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of hjs or her property is:

Identify and discuss the elements of a prima facie case of negligence.

Richard left his textbook by those noted authors, Calvi and Coleman, on the table in the Student Union building in his eagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed:

McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra:

Which of the following is a business-related tort?

A university football coach has been accused of mistreatment of a student He denies the well-publicized charges and files a civil lawsuit against various news agencies. Which of the following are defenses that are likely to be utilized?

Identify and discuss the various types of interests protected by tort law as well as the various theories of tort with specific examples.

Which of the following is not a theory of recovery in tort law?

The jury found that Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of:

Discuss immunity as protection in litigation.

Maria was driving a Ford Pinto when the car was involved in a minor traffic accident. The gas tank exploded and she was severely burned. She may:

While attending a hockey game, you are injured by a flying puck and sue the hockey club. The team's most likely defense is:

The textbook characterizes tort law as:

Identify and discuss various types of injuries for which the plaintiff might recover damages.

Discuss strict liability torts.

Shakira slips on a grape at the grocery store, suffers injuries, and is now suing. Which of the following is the appropriate theory of recovery?

In negligence cases, the actions of the tortfeasor are measured by which standard? ---

Introduction

History and the Law

Court Organization

Procedure and Evidence

Limitations

Constitutional Law

Criminal Law

Administrative Law

Environmental Law

Contracts

Property

Family Law

Conclusion

Filters

Exam 10: Torts

The type of legal injury which occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of hjs or her property is:

Identify and discuss the elements of a prima facie case of negligence.

Richard left his textbook by those noted authors, Calvi and Coleman, on the table in the Student Union building in his eagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed:

McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra:

Which of the following is a business-related tort?

A university football coach has been accused of mistreatment of a student He denies the well-publicized charges and files a civil lawsuit against various news agencies. Which of the following are defenses that are likely to be utilized?

Identify and discuss the various types of interests protected by tort law as well as the various theories of tort with specific examples.

Which of the following is not a theory of recovery in tort law?

The jury found that Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of:

Discuss immunity as protection in litigation.

Maria was driving a Ford Pinto when the car was involved in a minor traffic accident. The gas tank exploded and she was severely burned. She may:

While attending a hockey game, you are injured by a flying puck and sue the hockey club. The team's most likely defense is:

The textbook characterizes tort law as:

Identify and discuss various types of injuries for which the plaintiff might recover damages.

Discuss strict liability torts.

Shakira slips on a grape at the grocery store, suffers injuries, and is now suing. Which of the following is the appropriate theory of recovery?

In negligence cases, the actions of the tortfeasor are measured by which standard? ---

Introduction

History and the Law

Court Organization

Procedure and Evidence

Limitations

Constitutional Law

Criminal Law

Administrative Law

Environmental Law

Contracts

Property

Family Law

Conclusion

Filters