Deck 7: Tort Law

Question 1

What type of tort is liability without fault?

A) Negligence
B) Strict liability
C) Intentional
D) Criminal

Answer 1

B

Question 2

Which intentional tort involves the intentional and unlawful violation of the personal liberty or confinement of another?

A) Defamation
B) Negligence
C) False imprisonment
D) Battery

Answer 2

C

Question 3

Which defense is a common defense in an intentional tort action?

A) Assumption of the risk
B) Contributory negligence
C) Comparative negligence
D) Consent

Answer 3

D

Question 4

Which tort is the unprivileged publication of a factual statement that is untrue and injurious to a person's reputation?

A) Defamation
B) Negligence
C) Assault
D) Abuse of process

Question 5

Which of the following is not an activity that can give rise to strict liability in tort?

A) Maintaining a dangerous animal
B) Being careless
C) Engaging in an abnormally dangerous activity
D) Manufacturing or distributing a defective product

Question 6

In general, injured workers cannot sue employers under:

A) workers' compensation law.
B) tort law.
C) negligence.
D) peculiar risk doctrine.
E) assumption of the risk.

Question 7

Which of the following is not a type of negligence action?

A) Liability of landowners
B) Automobile accidents
C) Professional negligence
D) Intentional infliction of emotional distress
E) Defective products

Question 8

Intentional infliction of emotion distress causes:

A) mental suffering.
B) general damages.
C) special damages.
D) negligence.
E) mental disorder.

Question 9

Which government agency created in the early 1970s works to protect health and safeguard the natural environment and sets and enforces national standards that must be met by businesses that impact the environment?

A) Environmental Protection Act
B) U.S. Department of State
C) Occupational Safety and Health Administration
D) U.S. Department of Justice

Question 10

Res ipsa loquitur means:

A) breach of duty.
B) causation.
C) the things speaks for itself.
D) it is proven.
E) reasonably prudent person.

Question 11

The law will not allow a person to escape liability for dangerous activities by simply:

A) leaving the state.
B) hiring an independent contractor to perform for them.
C) declaring bankruptcy.
D) changing his or her procedures after an injury has occurred.
E) declaring that the injured person assumed the risk.

Question 12

Which of the following is not a defense to negligence?

A) Assumption of the risk
B) Contributory negligence
C) Comparative negligence
D) Immunity
E) Self defense

Question 13

Punitive damages are also known as:

A) special damages.
B) medical damages.
C) personal damages.
D) exemplary damages.
E) extraordinary damages.

Question 14

What type of tort is a willful act done with the knowledge or reckless disregard that the act will cause harm?

A) Negligence
B) Strict liability
C) Intentional
D) Criminal

Question 15

Filing an unjustified criminal complaint against an individual leads to the tort of:
a. negligence.
b. civil-rights violation.
c. malicious prosecution.
d. slander per se.
e. fraud.

Question 16

Which traditional tort would be the best cause of action to assert for destruction of natural resources such as air, water, and land?

A) Abuse of process
B) Negligence
C) Assault
D) Battery

Question 17

Activities that give rise to strict liability are:

A) driving a dangerous car.
B) engaging in an abnormally dangerous activity.
C) fighting.
D) battery.
E) selling pharmaceuticals.

Question 18

What is the responsibility of an employer for torts of employees that are committed in the course and scope of employment?

A) Abuse of process
B) Respondeat superior
C) Negligence
D) Strict liability

Question 19

In which type of case is the plaintiff usually entitled to punitive damages in addition to compensatory damages?

A) Res ipsa loquitor
B) Strict liability
C) Negligence
D) Gross negligence

Question 20

Which of the following is not an element of negligence?

A) Duty to use due care
B) Intent
C) Damages
D) Causation
E) Breach

Question 21

Contributory risk is a defense to negligence.

Question 22

Negligence is the failure to act as a reasonably prudent person would act under similar circumstances.

Question 23

Defamation involves the unprivileged publication of a factual statement that is untrue and injurious or defamatory to a person's reputation.

Question 24

The doctrine of assumption of the risk provides that people who knowingly and voluntarily agree to assume a particular risk cannot later sue for injuries that occurred because of the risk.

Question 25

The term toxic torts is sometimes used for civil actions for the destruction of natural resources such as air, water, and land.

Question 26

Strict liability is liability without fault.

Question 27

A cause of action is a legally recognized right to relief or damages.

Question 28

A tort is often defined as a non-contractual civil wrong that results in an injury or other loss for which the injured party has a legal remedy.

Question 29

Negligence requires proof of both actual cause and proximate cause.

Question 30

An employee injured within the scope of employment can recover against both the employer in a worker's compensation action and against a third-party for a double recovery.

Question 31

The two major defenses to intentional torts are consent and privilege.

Question 32

If an individual commits a tort while in the course and scope of his or her employment, the employer can be held vicariously liable for the tort.

Question 33

Using dynamite in which people are injured is an example of an abnormally dangerous activity.

Question 34

Vicarious liability is also known as respondeat superior.

Question 35

Negligence involves failing to act as a reasonable prudent person would act in the same or similar circumstances

Question 36

Personal injury practice deals with lawsuits for money damages for injuries that people have suffered.

Question 37

Punitive damages are always recovered in negligence cases.

Question 38

A tortfeasor is the injured person.

Question 39

Intentional and outrageous conduct that causes mental suffering forms the basis of the tort of intentional infliction of emotional distress.

Question 40

An intentional tort is one in which the party committing the tort intends to do the act knowing it will cause serious injury.

Question 41

What activities give rise to strict liability?

Question 42

Under strict liability in tort, product liability requires a ______ product.

Question 43

An action for trespass for the destruction of natural resources such as air, water, and land is considered a _____ tort.

Question 44

Explain the difference between assault and battery.

Question 45

The doctrine of ______ of the risk provides that people who knowingly and voluntarily agree to assume a particular risk cannot later sue for injuries that occurred because of the risk.

Question 46

In a tort action, the wrongdoer, also known as the ______, becomes liable to the victim for money damages.

Question 47

Punitive damages are allowed in negligence actions only if the negligence rises to the level of ______negligence.

Question 48

In a split 8-1 decision, the U.S. Supreme Court held in Snyder v. Phelps, 131 S. Ct. 1207 (2011) that the First Amendment protects protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased. The family of deceased Marine Lance Cpl. Matthew Snyder filed a lawsuit against members of the Westboro Baptist Church who picketed at his funeral. The family accused the church and its founders of defamation, invasion of privacy and the intentional infliction of emotional distress for displaying signs. Do you agree with the court's holding or with the dissent written by Justice Alito? Explain your position.

Question 49

A(n) ______ is an intentional harmful or offensive contact or touching of another.

Question 50

In Yauger v. Skiing Enters., Inc., 206 Wis.2d 76, 557 N.W.2d 60 (1996) the Wisconsin Supreme Court held that a release drafted by a ski resort was void as against public policy, because it failed to expressly indicate the skiers intent to release the resort from its own negligence. To what extent should courts enforce a waiver or release of liability in a negligence case?

Question 51

List and define the three major types of torts.

Question 52

The elements for negligence are: a duty of due care, breach of the duty of duty care, actual cause, proximate cause, and _______.

Question 53

If a worker is injured due to the tort of someone other than the employer, the worker can bring a tort action against the tortfeasor and the tortfeasor is referred to as a _______.

Question 54

The three major types of torts are: intentional torts, negligence, and ______.

Question 55

The peculiar ____ doctrine makes an employer liable for the acts of an independent contractor when the independent contractor has been engaged to perform a nondelegable duty.