Question 1

A tort is an interference with someone's person or property.

Accepted Answer

A) True 
 B)False

Question 2

The widest range of tort liability arises in the area of:

Accepted Answer

A) negligence. 
B) absolute liability. 
C) violation of statute. 
D) assumption of risk. 
A) negligence. 
B) absolute liability. 
C) violation of statute. 
D) assumption of risk.

Question 3

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

Accepted Answer

A) True 
 B)False

Question 4

Comparative negligence:

Accepted Answer

A) has been rejected by most of the states. 
B) allows a comparison of negligence between plaintiff and defendant. 
C) only applies when the plaintiff has signed a release. 
D) is a bar to recovery under common law. 
A) has been rejected by most of the states. 
B) allows a comparison of negligence between plaintiff and defendant. 
C) only applies when the plaintiff has signed a release. 
D) is a bar to recovery under common law.

Question 5

The concept of immunity from liability means that:

Accepted Answer

A) one who harms another can be held liable only for voluntary acts.​ 
B) certain persons are not subject to tort liability. 
C) one who harms another without intending to do so is not subject to tort liability. 
D) one who harms a child can never be sued by the parents of the injured child. 
A) one who harms another can be held liable only for voluntary acts.​ 
B) certain persons are not subject to tort liability. 
C) one who harms another without intending to do so is not subject to tort liability. 
D) one who harms a child can never be sued by the parents of the injured child.

Question 6

Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

Accepted Answer

A) actual causation. 
B) proximate causation. 
C) but for causation. 
D) the Palsgraf standard. 
A) actual causation. 
B) proximate causation. 
C) but for causation. 
D) the Palsgraf standard.

Question 7

The assumption of risk defense has been abolished in several states.

Accepted Answer

A) True 
 B)False

Question 8

A business may lose the shopkeeper's privilege if:

Accepted Answer

A) the customer is kept an unreasonable amount of time. 
B) the shopkeeper acted with reasonable suspicion. 
C) the shopkeeper acted with necessary force. 
D) the shopkeeper kept the customer over 1 hour. 
A) the customer is kept an unreasonable amount of time. 
B) the shopkeeper acted with reasonable suspicion. 
C) the shopkeeper acted with necessary force. 
D) the shopkeeper kept the customer over 1 hour.

Question 9

In numerous states, former employers are protected by a qualified privilege for factual comments made about former employees who are applying for jobs at other companies.

Accepted Answer

A) True 
 B)False

Question 10

Professionals have a duty to perform their jobs at the level of:

Accepted Answer

A) a reasonable person. 
B) a reasonable professional in the same business. 
C) an extraordinarily careful person. 
D) an extraordinary person. 
A) a reasonable person. 
B) a reasonable professional in the same business. 
C) an extraordinarily careful person. 
D) an extraordinary person.

Question 11

There are several defenses available when the standard of strict liability is applied.

Accepted Answer

A) True 
 B)False

Question 12

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

Accepted Answer

A) True 
 B)False

Question 13

Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

Accepted Answer

A) True 
 B)False

Question 14

Negligence is imposed because the activity involved is so dangerous that there must be full accountability, even if the activity is necessary and cannot be prohibited

Accepted Answer

A) True 
 B)False

Question 15

Concerning torts and crimes, choose the correct statement:

Accepted Answer

A) Every tort is a crime. 
B) Every crime is a tort. 
C) No crime is a tort. 
D) A crime may also be a tort. 
A) Every tort is a crime. 
B) Every crime is a tort. 
C) No crime is a tort. 
D) A crime may also be a tort.

Question 16

The tort of false imprisonment requires the permanent detention of a person without their consent.

Accepted Answer

A) True 
 B)False

Question 17

What type of damages are recoverable when the defendant's tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?

Accepted Answer

A) compensatory​ 
B) consequential​ 
C) nominal​ 
D) punitive 
A) compensatory​ 
B) consequential​ 
C) nominal​ 
D) punitive

Question 18

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year.One of the people included in the article was Janet, a local actress.Eight months earlier, a fire started in the theater while she was in the middle of a performance.Rather than running out, she stayed to help frightened members of the audience get out of the theater.The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that, as a result, she owes a great deal of money.Janet sued the newspaper for invasion of privacy.Based on what you have learned in this chapter, how should the case be decided?

Accepted Answer

Janet might be able to recover. The righ

Question 19

Governments are generally immune from tort liability.

Accepted Answer

A) True 
 B)False

Question 20

Trespass to personal property requires:

Accepted Answer

A) the personal property to be connected to real property. 
B) destroying the personal property. 
C) the invasion of personal property regardless of whether the owner grants permission. 
D) the invasion of personal property without the permission of the owner. 
A) the personal property to be connected to real property. 
B) destroying the personal property. 
C) the invasion of personal property regardless of whether the owner grants permission. 
D) the invasion of personal property without the permission of the owner.

Exam 8: Torts

A tort is an interference with someone's person or property.

The widest range of tort liability arises in the area of:

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

Comparative negligence:

The concept of immunity from liability means that:

Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

The assumption of risk defense has been abolished in several states.

A business may lose the shopkeeper's privilege if:

In numerous states, former employers are protected by a qualified privilege for factual comments made about former employees who are applying for jobs at other companies.

Professionals have a duty to perform their jobs at the level of:

There are several defenses available when the standard of strict liability is applied.

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

Negligence is imposed because the activity involved is so dangerous that there must be full accountability, even if the activity is necessary and cannot be prohibited

Concerning torts and crimes, choose the correct statement:

The tort of false imprisonment requires the permanent detention of a person without their consent.

What type of damages are recoverable when the defendant's tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?

Governments are generally immune from tort liability.

Trespass to personal property requires:

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

Crimes

Intellectual Property Rights and the Internet

The Legal Environment of International Trade

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Negotiable Instruments and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor-Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

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