Question 1

In a civil case,the tort victim or his family,not the state,brings the action.

Accepted Answer

A) True 
 B)False  True

Question 2

In which of the following cases will a defendant be charged?

Accepted Answer

A) Claire's car had a broken indicator,but she did not have time to get it repaired.Lily borrowed the car,but Claire forgot to inform her about the indicator.While parking the car,Lily met with an accident. 
B) Harry entered a lift,the entrance of which had a signboard saying that the lift was undergoing maintenance.The lift crashes and Harry is injured. 
C) Sam and Tom went to a bar and Tom got drunk.Sam offered to drive back home but Tom refused; they met with an accident. 
D) Tim sold a plot to George after getting it checked for pests.One day a rat wanders into the plot and bites into the main electricity wire leading to a short circuit. 
E) Allen works at an explosives manufacturing factory as a nighttime security guard.One night the power went out;,Allen suspected someone was inside the factory.He lit a candle and went inside; the factory immediately exploded. 
A) Claire's car had a broken indicator,but she did not have time to get it repaired.Lily borrowed the car,but Claire forgot to inform her about the indicator.While parking the car,Lily met with an accident. 
B) Harry entered a lift,the entrance of which had a signboard saying that the lift was undergoing maintenance.The lift crashes and Harry is injured. 
C) Sam and Tom went to a bar and Tom got drunk.Sam offered to drive back home but Tom refused; they met with an accident. 
D) Tim sold a plot to George after getting it checked for pests.One day a rat wanders into the plot and bites into the main electricity wire leading to a short circuit. 
E) Allen works at an explosives manufacturing factory as a nighttime security guard.One night the power went out;,Allen suspected someone was inside the factory.He lit a candle and went inside; the factory immediately exploded. A

Question 3

Tort law is more concerned than criminal law about the reasons for a defendant's actions.

Accepted Answer

A) True 
 B)False  False

Question 4

Which of the following truly defines "res ipsa loquitur"?

Accepted Answer

A) It creates a presumption that the defendant engages in ultra-hazardous activities. 
B) It means that the plaintiff would not have suffered injury but for someone's negligence. 
C) It refers to a case where defective products create an unreasonable risk of injury to consumers or others. 
D) It is an award of money damages to make the plaintiff whole. 
E) It refers to actions of the defendant that violates an ordinance. 
A) It creates a presumption that the defendant engages in ultra-hazardous activities. 
B) It means that the plaintiff would not have suffered injury but for someone's negligence. 
C) It refers to a case where defective products create an unreasonable risk of injury to consumers or others. 
D) It is an award of money damages to make the plaintiff whole. 
E) It refers to actions of the defendant that violates an ordinance.

Question 5

Identify the legal doctrine which states that the higher authority must respond to claims brought against one of its agents.

Accepted Answer

A) Estoppel 
B) Respondeat superior 
C) Res ipsa loquitur 
D) Negligent entrustment 
E) Proximate cause 
A) Estoppel 
B) Respondeat superior 
C) Res ipsa loquitur 
D) Negligent entrustment 
E) Proximate cause

Question 6

In Katko v.Briney,the court held that a property owner cannot protect an unoccupied boarded-up farmhouse by using a spring-gun capable of inflicting death or serious injury.

Accepted Answer

A) True 
 B)False

Question 7

In Lester v.Albers Super Markets,Inc.,which of the following reasons was held by the court for its decision?

Accepted Answer

A) The plaintiff stepped out of the line to put the can on the counter. 
B) Several people witnessed the scene and the plaintiff was humiliated. 
C) The store manager intercepted the plaintiff and demanded that she submit her bag. 
D) There was no force or threat of any character. 
E) The plaintiff suffered severe emotional distress as a result. 
A) The plaintiff stepped out of the line to put the can on the counter. 
B) Several people witnessed the scene and the plaintiff was humiliated. 
C) The store manager intercepted the plaintiff and demanded that she submit her bag. 
D) There was no force or threat of any character. 
E) The plaintiff suffered severe emotional distress as a result.

Question 8

The word tort is derived from the French word tortum,which means twisted or crooked.

Accepted Answer

A) True 
 B)False

Question 9

If a plaintiff recovers $1 million as compensatory damages,he need not pay tax on the award.

Accepted Answer

A) True 
 B)False

Question 10

Explain in brief the various dimensions of tort.

Accepted Answer

Tort principles can be viewed along diff

Question 11

The mere dismissal of the original lawsuit against a plaintiff is sufficient proof that the suit was unwarranted.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is true about the dimensions of tort liability?

Accepted Answer

A) The law condemns every act that ultimately results in injury. 
B) Most tort suits rely on intentional fault. 
C) Since tort law focuses on injury to the plaintiff,it is more concerned than criminal law about the reasons for the defendant's actions. 
D) The most obvious standard is willful conduct. 
E) Tort law,including strict liability,relies on standards of fault,or blameworthiness. 
A) The law condemns every act that ultimately results in injury. 
B) Most tort suits rely on intentional fault. 
C) Since tort law focuses on injury to the plaintiff,it is more concerned than criminal law about the reasons for the defendant's actions. 
D) The most obvious standard is willful conduct. 
E) Tort law,including strict liability,relies on standards of fault,or blameworthiness.

Question 13

In Katko v.Briney,the plaintiff was injured by a spring gun while trespassing on the defendant's property.The court held that it was an)_____.

Accepted Answer

A) intentional tort 
B) negligence per se 
C) res ipsa loquitur 
D) defamation 
E) contract interference 
A) intentional tort 
B) negligence per se 
C) res ipsa loquitur 
D) defamation 
E) contract interference

Question 14

In Whitlock v.University of Denver,on what basis did the jury attribute 72 percent of the total damages amounting to $5,256,000 to the University?

Accepted Answer

A) Negligence per se 
B) Punitive damages 
C) Strict liability 
D) Causal negligence 
E) Contributory negligence 
A) Negligence per se 
B) Punitive damages 
C) Strict liability 
D) Causal negligence 
E) Contributory negligence

Question 15

A New York statute makes it an)_____ to use the name,portrait,or picture of any person for advertising purposes or for the purposes of trade business)without first obtaining written consent.

Accepted Answer

A) quasi-criminal offence 
B) absolute liability offence 
C) misdemeanor 
D) felony 
E) infraction 
A) quasi-criminal offence 
B) absolute liability offence 
C) misdemeanor 
D) felony 
E) infraction

Question 16

Which of the following is a proximate cause?

Accepted Answer

A) The injuries to the plaintiff are too remote. 
B) If an injury would not have occurred but for the defendant's conduct. 
C) A cause that is foreseeable. 
D) An event that is a breach of duty on the part of the defendant. 
E) A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury. 
A) The injuries to the plaintiff are too remote. 
B) If an injury would not have occurred but for the defendant's conduct. 
C) A cause that is foreseeable. 
D) An event that is a breach of duty on the part of the defendant. 
E) A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury.

Question 17

In a strict liability case,the plaintiff does not need to show "fault" or negligence).

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is an example of a battery?

Accepted Answer

A) Pointing a loaded gun at a person. 
B) Swinging a fist at someone without hitting him/her. 
C) A person poking someone in the chest with his/her finger to emphasize a point. 
D) Throwing an object at a person that causes a nearby person anxiety. 
E) Tapping someone on the shoulder to ask a question. 
A) Pointing a loaded gun at a person. 
B) Swinging a fist at someone without hitting him/her. 
C) A person poking someone in the chest with his/her finger to emphasize a point. 
D) Throwing an object at a person that causes a nearby person anxiety. 
E) Tapping someone on the shoulder to ask a question.

Question 19

Intentional torts result from carelessness.

Accepted Answer

A) True 
 B)False

Question 20

The actual cause of negligence is sometimes called the "but for" event that is a breach of duty on the part of the defendant.

Accepted Answer

A) True 
 B)False

Exam 7: Introduction to Tort Law

In a civil case,the tort victim or his family,not the state,brings the action.

In which of the following cases will a defendant be charged?

Tort law is more concerned than criminal law about the reasons for a defendant's actions.

Which of the following truly defines "res ipsa loquitur"?

Identify the legal doctrine which states that the higher authority must respond to claims brought against one of its agents.

In Katko v.Briney,the court held that a property owner cannot protect an unoccupied boarded-up farmhouse by using a spring-gun capable of inflicting death or serious injury.

In Lester v.Albers Super Markets,Inc.,which of the following reasons was held by the court for its decision?

The word tort is derived from the French word tortum,which means twisted or crooked.

If a plaintiff recovers $1 million as compensatory damages,he need not pay tax on the award.

Explain in brief the various dimensions of tort.

The mere dismissal of the original lawsuit against a plaintiff is sufficient proof that the suit was unwarranted.

Which of the following is true about the dimensions of tort liability?

In Katko v.Briney,the plaintiff was injured by a spring gun while trespassing on the defendant's property.The court held that it was an)_____.

In Whitlock v.University of Denver,on what basis did the jury attribute 72 percent of the total damages amounting to $5,256,000 to the University?

A New York statute makes it an)_____ to use the name,portrait,or picture of any person for advertising purposes or for the purposes of trade business)without first obtaining written consent.

Which of the following is a proximate cause?

In a strict liability case,the plaintiff does not need to show "fault" or negligence).

Which of the following is an example of a battery?

Intentional torts result from carelessness.

The actual cause of negligence is sometimes called the "but for" event that is a breach of duty on the part of the defendant.

Introduction to Law and Legal Systems

Corporate Social Responsibility and Business Ethics

Courts and the Legal Process

Constitutional Law and Uscommerce

Administrative Law

Criminal Law

Contracts

Products Liability

Consumer Credit Transactions

Secured Transactions and Suretyship

Mortgages and Nonconsensual Liens

Bankruptcy

Relationships Between Principal and Agent

Liability of Principal and Agent; Termination of Agency

Employment Law

Labor-Management Relations

Partnerships: General Characteristics and Formation

Partnership Operation and Termination

Hybrid Business Forms

Corporation: General Characteristics and Formation

Legal Aspects of Corporate Finance

Corporate Powers and Management

Securities Regulation

Corporate Expansion,state and Federal Regulation of Foreign Corporations,and Corporate Dissolution

Antitrust Law

Unfair Trade Practices and the Federal Trade Commission

The Nature and Regulation of Real Estate and the Environment

Introduction to Property: Personal Property and Fixtures

Intellectual Property

The Transfer of Real Estate by Sale

Landlord and Tenant Law

International Law

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