Deck 6: Elements of Torts

Question 1

To have a case in tort,the injury sustained by a person must be:

A)unreasonably sustained
B)the consequence of the wrongdoing of another
C)criminal in nature
D)based on a privity relationship
E)none of the other choices

Answer 1

B

Question 2

Tort suits generally come from:

A)customer carelessness or ignorance
B)unexpected instances of carelessness or bad behavior
C)failure to plan for unexpected catastrophes
D)natural disasters
E)repeated failure to comply with industry regulations

Answer 2

B

Question 3

Tort law does NOT:

A)impose criminal penalties on the negligent
B)ensure the effective operation of the Due Process Clause
C)replace the insurance industry
D)ensure Equal Protection of the 14ᵗʰ Amendment is operational
E)all of the above choices

Answer 3

E

Question 4

A tort is NOT:

A)a civil wrong,other than a breach of contract
B)a breach of duty owned to another that causes harm
C)a criminal act
D)conduct that unreasonably interferes with the interests of another
E)none of the other choices

Question 5

Tort law can be classified as:

A)negligent
B)intentional
C)strict liability
D)all of the above choices
E)none of the other specific choices

Question 6

A tort is:

A)negligent injury that can result in fines or imprisonment for less than one year
B)a criminal act
C)a felony
D)a breach of contract
E)none of the other choices

Question 7

A major purpose of tort law is to:

A)replace the insurance industry
B)impose criminal penalties on the negligent
C)adequately regulate government contracting
D)ensure the effective operation of the Due Process Clause
E)none of the other choices

Question 8

A business can become involved in tort action in all of the following ways EXCEPT:

A)a person I harmed by the actions of a business
B)a person is harmed by the actions of a business's employees
C)a person is harmed by a product manufactured or distributed by a business
D)a business is harmed by the wrongful actions of another business or person
E)an employee commits a felony unrelated to his place of employment

Question 9

A tort is:

A)a breach of a duty owed to another that causes harm
B)a public law
C)designed to criminally punish wrongdoers
D)a wrong defined by Congress
E)a legal wrong defined by state legislatures

Question 10

Juries in tort cases often award large sums of money because:

A)all tort cases involve serious injury so compensation is always large
B)people on juries consistently dislike business
C)juries place a high value on the enforcement of legal rights
D)juries lack understanding of how much damages are worth
E)none of the other choices

Question 11

A criminal case differs from a tort case because:

A)in a criminal case the victim does not receive compensation
B)in a criminal case the victim is a witness
C)a criminal case is brought against the alleged wrongdoer by the government
D)all of the specific answer choices
E)none of the other specific choices

Question 12

A tort is:

A)negligent injury that can result in fines or imprisonment for less than one year
B)a criminal act
C)a felony
D)a civil wrong not a breach of contract
E)none of the other choices

Question 13

A major purpose of tort law is to:

A)replace the insurance industry
B)provide compensation for injured parties by wrongdoers
C)impose criminal penalties on the negligent
D)ensure Equal Protection of the 14ᵗʰ Amendment is operational
E)ensure the effective operation of the Due Process Clause

Question 14

In a tort action:

A)a party whose interests have been injured sues the party allegedly responsible
B)a person or property has suffered injury as a consequence of the actions of another
C)The injury to a person or property is legally the consequence of the actions of another
D)all of the other specific choices
E)none of the other specific choices

Question 15

The law of torts reflects all EXCEPT:

A)social values
B)community standards
C)the way we deal with each other in the current environment
D)the international perspective on liability
E)none of the other choices

Question 16

Most tort suits arise from:

A)customer ignorance
B)failure to plan for unexpected catastrophes
C)natural disasters
D)repeated failure to comply with industry regulations
E)none of the other choices

Question 17

The law of torts reflects:

A)community standards
B)social values
C)the current business environment
D)traditional standards
E)all of the other choices

Question 18

A business can become involved in a tort action:

A)if an individual is harmed or injured by the actions of the business or its employees
B)if an individual is injured by a product produced by the business
C)if a business harms another business
D)all of the specific other choices
E)none of the other specific choices

Question 19

Juries in tort cases often award large sums of money because:

A)all tort cases involve serious injury so compensation is always large
B)people on juries consistently dislike business
C)juries lack understanding of how much damages are worth
D)large damages payments will make businesses less likely to repeat their mistakes
E)none of the other choices

Question 20

In contrast to a criminal case,in a tort case:

A)the victim is the plaintiff
B)the victim is a witness
C)the victim does not receive compensation for injuries,but the wrongdoer may have to pay restitution
D)the case is brought to court by the government
E)the case is based on the alleged wrongdoer violating a rule imposed by the legislature

Question 21

With regard to torts,New Zealand differs from the United States in that:

A)events classified as torts in the United States do not occur in New Zealand
B)tort cases result in much higher payments to New Zealand victims than to US victims
C)events classified as torts in the United States occur,but personal injury suits for damages are not allowed
D)New Zealanders do not bring tort cases because of their history as a British colony
E)none of the other choices

Question 22

Conduct is negligent if:

A)the wrongdoer intended to injure the victim
B)it creates an unreasonable risk of harm to others
C)it results in profits for a business at the expense of its employees
D)it creates incentives for people to harm others or others' property
E)none of the other choices

Question 23

Torts based on negligence protect people from:

A)harm from others' unintentional but legally careless conduct
B)willful disregard for customer safety
C)accidental consumer injury due to the misuse of a product
D)all of the specific choices
E)none of the other specific choices

Question 24

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person.The standard of care that the law presumes the reasonable person meets is:

A)ordinary care or due care
B)extraordinary care
C)minimal care
D)the law presumes no particular standard of care;each case is evaluated individually
E)none of the above

Question 25

Which of the following torts protect individuals from harm from the unintentional but legally careless conduct of others:

A)strict liability
B)hazardous liability
C)nuisance
D)conversion
E)none of the other choices

Question 26

The tort that protects individuals from harm based on careless and unintentional conduct is called:

A)conversion
B)strict liability
C)absolute liability
D)several liability
E)none of the other choices

Question 27

Which of the following torts protect individuals from harm from the unintentional but legally careless conduct of others:

A)strict liability
B)hazardous liability
C)nuisance
D)negligence
E)all of the other choices

Question 28

With regard to torts,New Zealand differs from the United States in that:

A)personal injury tort suits are not allowed
B)there are no mega-damage awards
C)injured parties are compensated from a social insurance fund
D)all of the other specific choices
E)none of the other specific choices

Question 29

Which of the following is not an element needed to show negligence:

A)the wrongdoer owed a duty of care to the injured party
B)a duty of care owed to the injured party was breached by an act of the wrongdoer
C)the wrongdoer intended to invade a protected interest of the injured party
D)there is a causal connection between the injured party's harm and the wrongdoer's conduct
E)all of the above are necessary elements

Question 30

The tort that protects individuals from harm based on careless and unintentional conduct is called:

A)conversion
B)negligence
C)strict liability
D)absolute liability
E)none of the other choices

Question 31

Negligence is:

A)an act that results in harm to another to whom the person owes a duty of care
B)an omission that results in harm to another to whom the person owes a duty of care
C)a willful omission of material information that leads to injury
D)choices a and b
E)choices a,b and c

Question 32

Which is not a necessary element of negligence?

A)a causal connection between the wrongdoer's negligent behavior and the resulting harm to the injured party
B)the wrongdoer owed the injured party a duty of care
C)the wrongdoer's actions were motivated by malice
D)the wrongdoer breached a duty of care to the injured party
E)the injured party suffered actual harm or damage as a result of the wrongdoer's conduct

Question 33

In contrast to a criminal case,in a tort case:

A)the alleged wrongdoer is being tried by the government
B)the victim is only a witness,not a party to the case
C)the victim does not receive compensation for injuries,but the wrongdoer may have to pay restitution
D)the case is brought to court by the government
E)none of the other specific choices

Question 34

With regard to torts,New Zealand differs from the United States in that:

A)events classified as torts in the United States do not occur in New Zealand
B)tort cases result in much higher payments to New Zealand victims than to US victims
C)tort cases occur in New Zealand,but result in much lower compensation payments
D)New Zealanders do not bring tort cases because of their history as a British colony
E)none of the other choices

Question 35

With regard to torts,New Zealand differs from the United States in that:

A)personal injury tort suits are not allowed
B)personal injury tort suits must be filed within three days of the alleged harm occurring
C)personal injury tort suits have a maximum damage award
D)New Zealand tort law does not differ in any significant way
E)none of the other choices

Question 36

Ordinary care or due care is a standard of care that the law presumes:

A)the expert person meets
B)the standard person meets
C)the business owner meets
D)the average person meets
E)none of the other choices

Question 37

Which of the following is not an element needed to show negligence:

A)the wrongdoer owed a duty of care to the injured party
B)a duty of care owed to the injured party was breached by an act of the wrongdoer
C)the injured party suffered harm from legally careless conduct
D)there is a causal connection between the injured party's harm and the wrongdoer's conduct
E)all of the other choices are necessary elements

Question 38

Negligence torts differ from intentional torts in that:

A)the government is the prosecutor in negligence torts
B)the victim does not receive compensation in a negligence tort case
C)in negligence the harmful results of a person's conduct are not intentional
D)intentional torts are also felonies
E)none of the other choices

Question 39

Negligence torts are based on the idea that:

A)we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others
B)society owes victims of accidents compensation
C)businesses make more money than individuals and so are financially capable of compensating victims of accidents
D)if business are not held responsible for injuries caused by carelessness they will become even more careless
E)none of the other specific choices

Question 40

Ordinary care or due care is a standard of care that the law presumes:

A)the expert person meets
B)the average person meets
C)the business owner meets
D)the reasonable person meets
E)the standard person meets

Question 41

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as hoped in product packaging,Squish La Fish sued the adhesive seller for negligent misrepresentation because:

A)Squish La Fish could not use the adhesive because it was the wrong color
B)Squish La Fish felt that Thomco gave false information about the adhesive's removability
C)Thomco raised the price of the adhesive after Squish La Fish agreed to buy it
D)all of the specific choices
E)none of the specific choices

Question 42

To determine if a person's conduct was negligent,one asks:

A)what would the victim's best friend have done under the same or similar circumstances?
B)what would the victim's mother have done under the same or similar circumstances?
C)what would the victim have done under the same or similar circumstances?
D)what would a reasonable,qualified person have done under the same or similar circumstances?
E)none of the other choices

Question 43

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as hoped in product packaging,the company that bought the adhesive sued the seller for a tort called:

A)defamation
B)fraud
C)intentional misrepresentation
D)conversion
E)none of the other choices

Question 44

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as hoped in product packaging,Squish La Fish sued the adhesive seller for negligent misrepresentation because:

A)Squish La Fish could not use the adhesive because it was toxic
B)Thomco raised the price of the adhesive after Squish La Fish agreed to buy it
C)Squish La Fish felt that it relied on Thomco's false information about the adhesive and
Suffered economic losses as a result
D)all of the specific choices
E)none of the specific choices

Question 45

Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation.The standard that applies to the surgeon is the reasonable person,which means:

A)strict liability
B)the care expected of a skilled surgeon under the circumstances
C)the care expected of a reasonable person under the circumstances
D)the care expected of any person under the circumstances
E)none of the other choices;negligence law does not apply to physicians

Question 46

The term res ipsa loquitur means:

A)an event was the cause in fact
B)an event was the proximate cause of an injury
C)the thing speaks to the court
D)the thing reveals the truth
E)none of the other choices

Question 47

Tort law makes every individual:

A)responsible for every injury related to actions
B)responsible for injuries that they witness
C)responsible for injuries that they cause,but could not prevent
D)all of the other specific choices
E)none of the other specific choices

Question 48

A person has acted negligently if:

A)they were incapable of reaching the victim before the harm occurred
B)they tried to prevent the harm,but could not due to a lack of professional knowledge
C)they were not present at the time of the injury
D)they admit to not liking the victim
E)none of the other specific choices

Question 49

Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation.The standard that applies to the surgeon is the reasonable person,which means:

A)strict liability
B)the care expected of any ordinary person under the circumstances
C)proximate cause is established res ipsa loquitur
D)none of the other choices;surgeons are exempt from liability
E)none of the other choices

Question 50

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as claimed,the appeals court held that the claim of negligent misrepresentation:

A)failed because the defendant only recommended a product made by another company
B)failed because the defendant obtained no financial gain by the bad decision
C)failed because the plaintiff is a sophisticated business that could evaluate the product
D)could proceed because the defendant intended to extract a large payment from the plaintiff based on false information
E)none of the other choices

Question 51

A person has acted negligently if:

A)they were incapable of reaching the victim before the harm occurred
B)they tried to prevent the harm,but could not due to a lack of professional knowledge
C)their conduct was not that of a reasonable person
D)they admit to not liking the victim
E)none of the other choices

Question 52

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as claimed,the appeals court held that the claim of negligent misrepresentation:

A)failed because the defendant only recommended a product made by another company
B)failed because the defendant obtained no financial gain by the bad decision
C)failed because the plaintiff is a sophisticated business and could evaluate the product
D)could proceed because the defendant may have negligently provided false information
E)could proceed because the defendant intended to extract a large payment from the plaintiff based on false information

Question 53

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as hoped in product packaging,Squish La Fish sued the adhesive seller for negligent misrepresentation because:

A)Squish La Fish was the foreseeable user of Thomco's representations concerning the
Adhesive
B)Squish La Fish felt that Thomco gave false information about the adhesive's removability
C)Squish La Fish felt that it relied on Thomco's false information about the adhesive
D)all of the specific choices
E)none of the specific choices

Question 54

In Squish La Fish v.Thomco Specialty Products,involving an adhesive that did not work as hoped in product packaging,the company that bought the adhesive sued the seller for a tort called:

A)defamation
B)fraud
C)intentional misrepresentation
D)negligent misrepresentation
E)none of the other choices

Question 55

In a tort of negligence,causation is:

A)a basic element linking one party's act and another's injury
B)an unimportant element that helps determine the final compensation amount
C)the key to establishing whether the alleged wrongdoer acted in a reasonable manner
D)all of the other specific choices
E)none of the other choices

Question 56

In a case in which a doctor is sued for negligence due to an accidentally botched surgery,the reasonable person standard would be that of:

A)a reasonably skilled,competent and experienced doctor
B)a recent graduate from medical school
C)a high school biology teacher
D)an average American
E)none of the other choices

Question 57

The term res ipsa loquitur means:

A)an event was the cause in fact
B)an event was the proximate cause of an injury
C)the thing speaks to the court
D)the thing speaks for itself
E)none of the other choices

Question 58

Cause in fact is established by:

A)evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior
B)evidence showing the defendant intentionally harmed the victim
C)evidence showing the victim was harmed due to circumstances outside his control
D)evidence showing the victim could not prevent the injury
E)evidence showing that the defendant could not have prevented the injury

Question 59

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person.The reasonable person:

A)represents a standard of how the average American citizen ought to behave
B)represents a standard of how the average business CEO ought to behave
C)represents a standard of how middle class Americans ought to behave
D)represents a standard of how all voting-age Americans ought to behave
E)represents a standard of how persons in the relevant community ought to behave

Question 60

In a case in which a doctor is sued for negligence due to an accidentally botched surgery,the reasonable person standard would be that of:

A)an average college graduate
B)a recent graduate from medical school
C)a high school biology teacher
D)an average American
E)none of the other choices

Question 61

For liability to be imposed when negligence is alleged,in many jurisdictions,the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the _______________ of the injury.

A)superseding cause
B)intervening conduct or strict liability
C)misappropriation
D)proximate cause or substantial factor
E)none of the other choices are required

Question 62

Due to criticism that the proximate cause rule is difficult to understand and apply,some states have replaced it with the:

A)fault factor test
B)considerable factor test
C)substantial factor test
D)ultimate cause rule
E)none of the other choices

Question 63

For liability to be imposed when negligence is alleged,in many jurisdictions,the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the _______________ of the injury.

A)superseding cause
B)intervening conduct or strict liability
C)misappropriation
D)comparative negligence
E)none of the other choices

Question 64

The sine qua non rule is also known as the:

A)but only rule
B)not only rule
C)but for rule
D)but not rule
E)none of the other choices

Question 65

Proximate cause limits liability to harms:

A)whether foreseeable or not
B)resulting from remote occurrences "evolving naturally" from a central event
C)that result from non-negligent conduct
D)that bear a reasonable relationship to the defendant's negligent conduct
E)that arise from interaction with railroads

Question 66

The sine qua non rule or but for rule is that:

A)the injury would not have occurred if the victim had known the tortfeasor
B)the injury would not have occurred but for the conduct of the tortfeasor
C)the injury is the fault of the tortfeasor
D)the injury occurred because of the tortfeasor's lack of knowledge
E)none of the other choices

Question 67

While Mrs.O'Leary may have been negligent in leaving an oil lamp in the barn for her cow to kick over,she would not be held liable for the Great Chicago Fire of 1871 because the chain of events from the cow kicking the lantern to the destruction of the city was not:

A)foreseeable
B)indisputable
C)unavoidable
D)all of the specific choices
E,none of the specific choices

Question 68

For a person's negligent conduct to be legally linked to its consequences,the chain of events connecting the two must be:

A)unbroken
B)continuous
C)explainable
D)indisputable
E)none of the other choices

Question 69

In Palsgraf v.Long Island Railroad Company,involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train,the railroad should not have been held liable for negligence because:

A)Palsgraf should not have been standing so close to the tracks
B)railroad employees repeatedly warned Palsgraf that she was standing in a dangerous
Location
C)there was nothing about the package that would suggest it was dangerous if dropped
D)the railroad employees acted in an unreasonable manner
E)none of the other choices

Question 70

The sine qua non rule is also known as the:

A)but only rule
B)not only rule
C)but not rule
D)all of the other specific choices
E)none of the other choices

Question 71

In Palsgraf v.Long Island Railroad,where Palsgraf was hit by machinery that fell when an explosion occurred at a train station,and she sued the railroad for negligence,the New York high court held that the railroad:

A)was negligent for exposing Palsgraf to danger,so could be liable for her injury
B)was negligent for exposing Palsgraf to danger,but the cause of the accident was a careless passenger,not the railroad,so it was relieved of liability by intervening conduct
C)was negligent for exposing Palsgraf to danger,but the explosion was not the proximate cause of the accident,so there was no liability
D)was negligent for exposing Palsgraf to danger,but its actions were not a substantial factor in what caused the accident,so there was no liability
E)none of the other choices are correct

Question 72

The proximate cause of an injury is the _________ cause of the injury.

A)only
B)definite
C)probable
D)most likely
E)none of the other choices

Question 73

If alleged consequences are too far removed from the negligent conduct:

A)there will be a limit imposed on the damage award
B)the negligent conduct will not result in liability
C)the negligent conduct will still result in liability
D)the victim will be required to have at least two expert witnesses testify on his behalf
E)none of the other choices

Question 74

If alleged consequences are too far removed from the negligent conduct:

A)there will be a limit imposed on the damage award
B)the victim will be required to have at least two expert witnesses testify on his behalf
C)the negligent conduct will still result in liability
D)all of the other specific choices
E)none of the other specific choices

Question 75

For a person's negligent conduct to be legally linked to its consequences,the chain of events connecting the two must be:

A)unbroken
B)foreseeable
C)explainable
D)undisputable
E)none of the other choices

Question 76

In Palsgraf v.Long Island Railroad,where Palsgraf was hit by machinery that fell when an explosion occurred at a train station,and she sued the railroad for negligence,the New York high court held that the railroad:

A)was negligent for exposing Palsgraf to danger,so could be liable for her injury
B)was negligent for exposing Palsgraf to danger,but the cause of the accident was a careless passenger,not the railroad,so it was relieved of liability by intervening conduct
C)was negligent for exposing Palsgraf to danger,but the explosion was not the proximate cause of the accident,so there was no liability
D)was negligent for exposing Palsgraf to danger,but its actions were not a substantial factor in what caused the accident,so there was no liability
E)was not liable because of a lack of proximate cause

Question 77

Due to the requirement of proximate cause,in order for a person to be held liable for negligence it must be shown that:

A)a reasonably prudent person would have foreseen the danger and done something to prevent it
B)the defendant knew or should have known that the victim would be harmed
C)the defendant acted with less than reasonable care,despite the foreseeability of harm to the victim
D)all of the specific choices
E)none of the specific choices

Question 78

Proximate cause limits liability to harms:

A)whether foreseeable or not
B)resulting from remote occurrences "evolving naturally" from a central event
C)that result from non-negligent conduct
D)that arise from interaction with railroads
E)none of the other choices

Question 79

The proximate cause of an injury is the _________ cause of the injury.

A)legal
B)definite
C)probable
D)most likely
E)foreseeable

Question 80

In Palsgraf v.Long Island Railroad Company,involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train,Palsgraf's injuries were not a result of negligence on the part of the railroad because:

A)the railroad has strict regulations against carrying fireworks on trains
B)the victim knew the package contained fireworks,but the railroad employees did not
C)the victim knew the man carrying the package of fireworks
D)there was nothing in the situation to suggest to a cautious mind that the package would
Cause damage
E)there were the required number of railroad employees present