Deck 15: Torts and Tortfeasors

Question 1

What is the meaning of the Latin word "tortus"?

A) Crooked
B) Twisted
C) All of the above
D) None of the above

Answer 1

All of the above

Question 2

What term describes a person committing a tort?

A) Tortfeasor
B) Malefactor
C) Felon
D) Parolee

Answer 2

Tortfeasor

Question 3

What term describes torts associated with the use of the Internet?

A) Computer tort
B) Internet tort
C) Cybertort
D) All of the above

Answer 3

Cybertort

Question 4

What is one of the basic elements of a tort?

A) Debt owed to the plaintiff by the defendant
B) Violation of a duty owed to the plaintiff by the defendant
C) Breach of contract between the plaintiff and the defendant
D) Violation of a promise given to the plaintiff by the defendant

Question 5

What statutes give immunity to physicians from negligent acts occurred when they voluntarily and without fees render emergency care?

A) Merciful Samaritan statutes
B) Good Samaritan statutes
C) Compassionate Samaritan statutes
D) Kind Samaritan statutes

Question 6

What is the extent of liability for people helping others and doing it negligently?

A) Liability for major injuries
B) Liability for minor injuries
C) Liability for any injuries
D) No liability

Question 7

Who is responsible for torts of others under the doctrine of respondeat superior?

A) Masters for torts committed by servants
B) Employers for torts committed by employees
C) Principals for torts committed by agents
D) All of the above

Question 8

What term describes the responsibility of one person for torts committed by others?

A) Imputed
B) Vicarious
C) All of the above
D) None of the above

Question 9

When must an employee's wrongful act occur so that his or her employer will be liable for it?

A) Within the scope of employment of the employer
B) Within the scope of employment of the employee
C) Any place
D) None of the above

Question 10

When is a business partner liable for torts committed by another partner?

A) Never
B) Always
C) When another partner was acting in the ordinary course of the partnership
D) None of the above

Question 11

Under common law, under what circumstances were parents responsible for torts of their minor children?

A) Act was committed in the parents' presence
B) Minors were acting as the parents' agents
C) Minors were acting as the parents' servants
D) All of the above

Question 12

What term describes parents' liability for a tort committed by their child?

A) Negligent supervision
B) Careless supervision
C) Inattentive supervision
D) All of the above

Question 13

What government is immune under the doctrine of sovereign immunity?

A) Federal
B) State
C) Local
D) All of the above

Question 14

According to the Massachusetts statute passed in 1971, the doctrine of charitable immunity is abolished in what cases?

A) Arising from a charity's volunteer activity
B) Arising from a charity's commercial activity
C) All of the above
D) None of the above

Question 15

Under the Massachusetts Tort Claims Act, for what wrongful acts may public employees be liable?

A) Personal injuries
B) Property damage
C) Death
D) All of the above

Question 16

When a claim is presented under the Massachusetts Tort Claims Act, what are possible actions of the public employer?

A) Pay the claim
B) Refer the claim to the arbitration
C) Reach the settlement
D) All of the above

Question 17

What organizations are covered in the Massachusetts Tort Claims Act?

A) State government agencies
B) Local government agencies
C) All of the above
D) None of the above

Question 18

Who is covered by the doctrine of sovereign immunity?

A) Clerk of a court
B) CEO of a big corporation
C) Director of a charitable organization
D) Minister of a church

Question 19

How may joint tortfeasors be held liable?

A) Jointly
B) Severally
C) All of the above
D) None of the above

Question 20

What term describes the statutory right of one tortfeasor, who is required to pay more damages to the injured party than his or her share, to sue the other joint tortfeasor for the excess?

A) Right of input
B) Right of contribution
C) Right of share
D) Right of participation

Question 21

A tort is a civil action brought up by an injured party.

Question 22

A civil suit for a tort and a criminal action for a crime can result from the same wrongful act.

Question 23

All torts share the same three basic elements.

Question 24

One may be held liable for a tort committed by another.

Question 25

The doctrine of respondeat superior makes employers responsible for torts committed by their employees.

Question 26

Vicarious liability makes an employer liable for all torts committed by his or her employees.

Question 27

Under common law, a 5-year-old child could not be held responsible for his or her wrongdoing.

Question 28

Today, parents are held responsible for willful torts committed by their minor children.

Question 29

According to the modern view, children under the age of 5 years cannot be liable in tort.

Question 30

Under the doctrine of charitable immunity, all charitable institutions were immune from tort liability.

Question 31

Today, the doctrine of charitable immunity is valid in all states.

Question 32

The doctrine of sovereign immunity prevented individuals from suing federal government for its torts.

Question 33

A group of people who committed a tort are called multiparty tortfeasors.

Question 34

If the plaintiff wins the suit, all tortfeasors named in this lawsuit are liable for damages.

Question 35

Tortfeasors who committed a tort together cannot be sued separately.

Question 36

A tort is a breach of ________ imposed by law.

Question 37

The injured party brings a tort action to recover ________.

Question 38

An employer is responsible for torts committed by his or her employees within the ________ of their employment.

Question 39

A principle is responsible for torts committed by his or her ________ while acting within the scope of the principal's authority.

Question 40

At one time, under the ________ law, children under a certain age could not be liable for their wrongdoings.

Question 41

Generally, in a tort action, it is impossible to collect court judgments from ________ because they do not have their own income or assets.

Question 42

Under the Federal ________ Claims Act, the U.S. government agents may be sued for their torts.

Question 43

The old common law rule that "the king can do no wrong"
is the foundation of the doctrine of ________ immunity.

Question 44

When the joint tortfeasors are sued separately for their tort it is called ________ liability.

Question 45

Joint ________ makes all joint tortfeasors responsible for the damages awarded to the plaintiff.

Question 46

Match the terms with their descriptions:

-Liability of minors

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 47

Match the terms with their descriptions:

-Joint tortfeasors

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 48

Match the terms with their descriptions:

-Agents

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 49

Match the terms with their descriptions:

-Tortfeasor

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 50

Match the terms with their descriptions:

-Sovereign immunity doctrine

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 51

Match the terms with their descriptions:

-Cybertort

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 52

Match the terms with their descriptions:

-Vicarious liability

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 53

Match the terms with their descriptions:

-Joint liability

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 54

Match the terms with their descriptions:

-Negligent supervision

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 55

Match the terms with their descriptions:

-Immune

A) Tort associated with computers
B) Doctrine making government employees immune from tort liability
C) Imputed liability
D) Person committing a tort
E) Group of people who participate in the commission of a tort
F) Being exempt from tort liability
G) Minors are liable for their torts
H) All joint tortfeasors must be named as defendants in the lawsuit
I) People authorized to act on behalf of others
J) The way parents may be charged when their children commit torts due to the lack of careful parental supervision

Question 56

Define imputed liability. Identify situations when one person is held responsible for the wrongdoing of another.

Question 57

Define the doctrine of charitable immunity. Identify how the law evolved with respect to charitable immunity.

Question 58

Define duty of care and explain the significance of this element of a tort action. Explain the duty of care landowners owe to trespasses.

Question 59

Jane, a bookseller on eBay, hired Emma to take orders to the post office. To do this job, Emma drives Jane's BMV. While pulling out of the post office parking lot, Emma accidentally hit a car. Later that day, Emma borrowed Jane's BMV to go to a mall for personal shopping and, pulling out of a parking lot, she hit a truck. Explain who will be liable in these two accidents.

Question 60

It is possible for a plaintiff to sue the defendant for a tort even when this defendant was acquitted in a criminal trial related to the same underlying wrongdoing. Explain why the constitutional concept of double jeopardy is not violated in this situation.