Deck 7: Tort Law

Question 1

Like intentional torts,negligence involves the willful desire to harm another's person or property.

Answer 1

False
Explanation: Negligence is behavior that creates an unreasonable risk of harm to others.Unlike intentional torts,which result from a person willfully taking actions that are likely to cause injury,negligent torts involve the failure to exercise reasonable care to protect another's person or property.

Question 2

Tort law is primarily federal law.

Answer 2

False
Explanation: Tort law is primarily state law,so states may have slightly different definitions of each tort.

Question 3

A public nuisance occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property.

Answer 3

False
Explanation: A private nuisance occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property.Using one's property in a manner that caused the neighbor to be subjected to flooding,vibrations,excessive noise,or smoke could lead to a nuisance claim.

Question 4

The use of deadly force in defense of property is usually justified.

Question 5

The primary objective of tort law is to provide compensation for injured parties.

Question 6

A defendant can be found liable for battery even if the injured party consented to the contact.

Question 7

The courts generally hold that businesses have a duty of care to protect their customers against unforeseeable risks.

Question 8

The reasonable person standard is a measurement of the way members of society expect an individual to act in a given situation.

Question 9

Privilege is not a defense in a defamation action.

Question 10

Negligence per se literally means negligence in or of itself.

Question 11

In a modified comparative negligence defense,the defendant must be more than 50 percent at fault for the plaintiff to recover.

Question 12

To successfully bring a claim for intentional interference with contract,the plaintiff need not prove that he or she was injured as a result of the breach.

Question 13

If the plaintiff's car is stopped at a red traffic light and is struck in the rear by a vehicle driven by the defendant,the defendant was negligent per se.

Question 14

There are two forms of comparative negligence: conditional and unconditional.

Question 15

To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff unwillingly encountered the risk of the actual harm the defendant caused.

Question 16

Res ipsa loquitur requires that the plaintiff produce direct evidence of the defendant's lack of due care.

Question 17

The Communications Decency Act increases the liability of providers of interactive computer services for material disseminated by them but created by others.

Question 18

The classifications of torts may be different in foreign countries.

Question 19

Tort law assumes that people intend what could be considered the normal consequences of their actions.

Question 20

The most common defense to battery is self-defense.

Question 21

Courts typically award punitive damages for pain and suffering,costs of repairing damaged property,medical expenses,and lost wages.

Question 22

Which of the following are common classifications of torts?

A)Intentional,negligent,and criminal.
B)Intentional,criminal,and strict-liability.
C)Intentional,negligent,and strict-liability.
D)Criminal,negligent,and strict-liability.
E)Administrative,civil,and criminal.

Question 23

Which of the following is not a defense to battery?

A)Self-defense
B)Consent
C)Defense of others
D)Defense of property
E)Defense of one's reputation

Question 24

Intentional torts are divided into which of the following three categories?

A)Torts against persons,property,and animals.
B)Torts against property,economic interests,and roadways.
C)Torts against persons,economic interests,and strict liability.
D)Torts against persons,property,and economic interests.
E)Torts against in-state residents,out-of-state residents,and foreigners.

Question 25

________ torts occur when the defendant takes an action intending that certain consequences will result or knowing that certain consequences are likely to result.

A)Criminal
B)Liability
C)Intentional
D)Negligent
E)Strict-liability

Question 26

Most states have replaced comparative negligence with contributory negligence.

Question 27

Which of the following is an incorrect statement regarding the doctrine of res ipsa loquitur?

A)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence.
B)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that other responsible causes,including the conduct of third parties and the plaintiff,have been sufficiently eliminated.
C)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that the indicated negligence is within the scope of the defendant's duty to the plaintiff.
D)The plaintiff's proof of all the elements of res ipsa loquitur requires a finding of negligence.
E)Once the plaintiff has demonstrated all of the elements of res ipsa loquitur,the burden of proof shifts to the defendant.

Question 28

Punitive damages are awarded only when the defendant's conduct is extremely outrageous.

Question 29

Which of the following is a correct statement regarding the intent needed for an intentional tort?

A)The intent at issue is not intent to harm but,rather,is intent to engage in a specific act,which ultimately results in an injury,physical or economic,to another.
B)The intent at issue is not intent to harm but,rather,is intent to engage in a specific act,which ultimately results in a physical,not merely economic,injury to another.
C)The intent at issue is intent to harm that results in an injury,physical or economic,to another.
D)The intent at issue is intent to harm that results in physical,not merely economic,injury to another.
E)The intent at issue is not intent to harm and is not intent to engage in a specific act.Instead,negligence will suffice.

Question 30

Strict liability is liability due an intentional act or negligence.

Question 31

Which of the following is a tort?

A)A civil or criminal action in state court.
B)A civil or criminal action in state court or federal court.
C)A breach of contract.
D)A wrong or injury to another,other than a breach of contract.
E)A wrong or injury to oneself,due to contributory negligence or assumption of the risk.

Question 32

Mike gets angry because Ben made a better grade on a test than he did.They get into an argument and Mike takes a swing at Ben,intending to hit him.Ben shoves Mike in order to avoid the blow.Which of the following is true regarding Ben's actions?

A)Ben has committed battery.
B)Ben has committed both assault and battery.
C)Ben has not committed assault or battery because he acted in self-defense.
D)Ben cannot rely on self-defense because he was involved in the argument and,therefore,not completely innocent.
E)Ben cannot rely upon self-defense because his life was not in danger.

Question 33

Which of the following occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact?

A)Battery
B)Assault
C)Contributory negligence
D)Comparative negligence
E)Strict liability

Question 34

________ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

A)Criminal
B)Liability
C)Intentional
D)Negligent
E)Strict-liability

Question 35

Robby,who lives in San Diego,California,calls Bobby,who lives in Miami,Florida,on the telephone and threatens to break his nose.Which of the following is true?

A)Robby's conduct constitutes battery.
B)Robby's conduct constitutes assault.
C)Robby's conduct constitutes both assault and battery.
D)Robby's conduct does not constitute assault because there is no threat of immediate bodily harm.
E)Robby's conduct does not constitute assault because contact has not yet happened.

Question 36

Implied assumption of the risk means that the plaintiff implicitly assumed a known risk.

Question 37

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely,no matter what precautions the defendant takes.

A)Criminal
B)Liability
C)Intentional
D)Negligent
E)Strict-liability

Question 38

Which of the following is true of the term "tort"?

A)It is a French word meaning "wrong."
B)It is a German word meaning "mistake."
C)It is a Latin word meaning "crime."
D)It is an English word meaning "negligence."
E)It is a criminal law term meaning "guilt."

Question 39

Good Samaritan statutes attempt to encourage selfless and courageous behavior by removing the threat of liability for individuals who offer aid to others in peril.

Question 40

There are two types of assumption of the risk: pure and modified.

Question 41

Which of the following is a correct statement regarding intentional torts and negligent torts?

A)Both intentional torts and negligent torts result from a person willfully taking actions that are likely to cause injury.
B)Both intentional torts and negligent torts involve the failure to exercise reasonable care to protect another's person or property.
C)Both intentional torts and negligent torts automatically give rise to civil,as well as,criminal liability.
D)Negligent torts result from a person willfully taking actions that are likely to cause injury,while intentional torts involve the failure to exercise reasonable care to protect another's person or property.
E)Intentional torts result from a person willfully taking actions that are likely to cause injury,while negligent torts involve the failure to exercise reasonable care to protect another's person or property.

Question 42

Under a conditional privilege,a party will not be held liable for defamation unless the false statement was made ________.

A)with actual malice
B)negligently
C)in print
D)publicly
E)to an employer

Question 43

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

A)Nominal
B)Compensatory
C)Punitive
D)Exemplary
E)Liquidated

Question 44

Of the following,who would typically be public figures for the purposes of the public figure privilege to actions for defamation?

A)Politicians only.
B)Entertainers only.
C)Business owners only.
D)Politicians and entertainers.
E)Politicians,entertainers,and business owners.

Question 45

Which of the following is not a privacy tort?

A)False light
B)Intrusion on an individual's seclusion
C)Private disclosure of public facts
D)Appropriation for commercial gain
E)Intrusion on an individual's affairs

Question 46

________ damages are awarded to punish the defendant.

A)Nominal
B)Compensatory
C)Punitive
D)Liquidated
E)Unliquidated

Question 47

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

A)The Internet Communications Act of 2000.
B)The Interactive Computer Services Protection Act of 2004.
C)The Communications Decency Act of 1996.
D)The Internet Communications Protection Act of 1998.
E)The Blog Protection Act of 2001.

Question 48

Which is not an example of slander per se?

A)A written poster hanging in the school cafeteria which states that the principal stole money from the school treasury.
B)Calling someone professionally incompetent.
C)Telling another person that someone has a loathsome,communicable disease.
D)Stating that another student has committed a crime for which imprisonment is possible.
E)Informing classmates that a female student in your business law class has engaged in sexual misconduct.

Question 49

Which of the following is not an intentional tort against economic interests?

A)Disparagement
B)Intentional interference with a contract
C)Unfair competition
D)Fraudulent misrepresentation
E)Conversion

Question 50

Which of the following is not a typical type of compensatory damage?

A)Pain and suffering.
B)Costs of repairing damaged property.
C)Medical expenses.
D)Attorney fees.
E)Lost wages.

Question 51

To recover damages in a case of slander,the plaintiff must prove ________ damages.

A)punitive
B)exemplary
C)special
D)nominal
E)conjectural

Question 52

Which of the following is an absolute defense to defamation?

A)The statement is true.
B)The statement was said on private property.
C)The defendant did not know the plaintiff.
D)The plaintiff was not present when the statement was made.
E)The statement was made in a contributory negligence jurisdiction.

Question 53

Bob,who has a large trust fund,is angry with Alice because she stopped dating him.Alice ran a successful dog grooming shop,and Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break-up.Which of the following is a correct statement regarding Bob's liability,if any,to Alice?

A)Bob has committed the tort of unfair competition.
B)Bob has committed the tort of intentional interference with contract.
C)Bob has committed the tort of unfair competition and the tort of intentional interference with contract.
D)Bob has committed the tort of disparagement.
E)Bob has not committed any torts.

Question 54

Assume Bob is driving and suddenly has an unexpected heart attack,causing him to run over a student crossing the street and breaking the student's leg.Which of the following is a correct statement regarding Bob's liability to the student?

A)The student can recover merely by demonstrating that he was injured.Nothing else is required.
B)The student may recover,but only if the student can show that he was in the marked crosswalk.
C)It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
D)The student can recover,but only if he can prove that Bob had automobile liability insurance.
E)The student can recover,but only if he can establish that he did not have any medical insurance.

Question 55

When a(n)________ privilege exists,one cannot be sued for defamation for any false statements made,regardless of intent or knowledge of the falsity of the claim.

A)per se
B)res ipsa loquitur
C)comparative
D)absolute
E)conditional

Question 56

Under which of the following situations does the tort of trespass to realty occur?

A)When a person causes an object to be placed on the land of another without the landowner's permission.
B)When a person stays on the land of another once the owner tells him to depart.
C)When a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D)When a person causes an object to be placed on the land of another without the landowner's permission,when a person stays on the land of another when the owner tells him to depart,and when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E)None of these,because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.

Question 57

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as ________.

A)slander of quality
B)trade libel
C)libel of title
D)slander of title
E)negligent interference with contractual relations

Question 58

In order to establish a claim for negligence,the plaintiff must prove that:

A)The plaintiff was contributorily negligent.
B)The plaintiff acted as a reasonable person under the situation.
C)The defendant was either comparatively or contributorily negligent.
D)The defendant owed the plaintiff a legal duty,and the defendant breached the legal duty.
E)The plaintiff sustained nominal damages.

Question 59

A person who commits a tort is often referred to as the ________.

A)tortfeasor
B)misdemeanant
C)felon
D)criminal
E)malefactor

Question 60

Which of the following is true regarding the tort of fraudulent misrepresentation?

A)A party who makes fraudulent misrepresentations must intend that other parties rely upon the misrepresentations.
B)The injured party must have reasonably relied upon the misrepresentations.
C)The injured party must have suffered damages because of relying on the misrepresentations.
D)A party who makes fraudulent misrepresentations must intend that other parties rely upon the misrepresentations; the injured party must have reasonably relied upon the misrepresentations; and the injured party must have suffered damages because of relying on the misrepresentations.
E)None of these,because most jurisdictions do not recommend an independent tort action for fraudulent misrepresentation; instead,actions for fraudulent misrepresentation are encompassed within other tort actions.

Question 61

What does the term "negligence per se" mean literally?

A)Negligence of the spoken word.
B)Negligence of the person.
C)Negligence in or of itself.
D)Absolute wrongdoing.
E)Permissible negligence.

Question 62

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

A)reasonable person
B)subjective juror
C)beyond reproach
D)perfect accountability
E)reasonable accountability

Question 63

Cause in fact is also known as ________ cause.

A)proximate
B)legal
C)actual
D)nominal
E)exemplary

Question 64

The violation of a duty of care is called ________.

A)an intentional tort
B)breach of societal contract
C)breach of duty
D)strict liability
E)absolute liability

Question 65

Why are punitive damages awarded?

A)To punish the offender only.
B)To deter others from committing similar offenses only.
C)To reimburse a plaintiff for his or her actual losses only.
D)To punish the offender and to deter others from committing similar offenses.
E)To punish the offender,to deter others from committing similar offenses,and to reimburse the plaintiff for his or her actual losses.

Question 66

Which of the following refers to the extent to which,as a matter of policy,a defendant may be held liable for the consequences of his actions?

A)Proximate cause.
B)Actual cause.
C)Cause in fact.
D)Constructive cause.
E)Contributory cause.

Question 67

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

A)Compensatory.
B)Punitive.
C)Nominal.
D)Exemplary.
E)Liquidated.

Question 68

When would a plaintiff use the doctrine of res ipsa loquitur?

A)To allow the judge and jury to infer that more likely than not,the defendant's negligence was the cause of the plaintiff's harm,even though there is no direct evidence of the defendant's lack of due care.
B)To allow the judge and jury to infer that more likely than not,the defendant's negligence was not the cause of the plaintiff's harm.
C)To allow the judge and jury to presume the defendant is guilty of contributory negligence.
D)To allow the judge and jury to presume the defendant is guilty of comparative negligence.
E)To allow the judge and jury to presume the defendant destroyed evidence.

Question 69

Which of the following are elements of causation?

A)Actual cause and proximate cause.
B)Actual cause and significant cause.
C)Actual cause and probable cause.
D)Proximate cause and significant cause.
E)Proximate cause and probable cause.

Question 70

Tina negligently hits student Susie with her car.Susie,rendered unconscious from the impact,is lying on the street.Which of the following is a correct statement regarding whether Tina has a legal duty to come to the aid of Susie after the accident?

A)Tina has no legal duty to come to Susie's aid.
B)Tina has a legal duty to come to Susie's aid because she negligently hit her.
C)Tina has a legal duty to come to Susie's aid,but only if police do not arrive on the scene within a reasonable amount of time.
D)Tina has a legal duty to come to Susie's aid,but only if Susie has no medical insurance.
E)Tina has a legal duty to come to Susie's aid,but only if no one without a conflict of interest is willing to do so.

Question 71

Assuming res ipsa loquitur applies,what is the effect of that doctrine?

A)It requires a finding of negligence.
B)It prohibits a finding of negligence.
C)The burden of proof shifts to the plaintiff.
D)The burden of proof shifts to the defendant.
E)The burden of proof rises to proof beyond a reasonable doubt.

Question 72

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

A)Res ipsa loquitur only.
B)Negligence per se only.
C)Assumption of the risk only.
D)Res ipsa loquitur and negligence per se.
E)Res ipsa loquitur,negligence per se,and assumption of the risk.

Question 73

Proximate cause is also sometimes referred to as ________.

A)actual cause
B)cause in fact
C)legal cause
D)constructive cause
E)contributory cause

Question 74

Courts usually award punitive damages in cases in which the offender has committed ________.

A)ordinary negligence
B)a strict liability offense
C)a res ipsa loquitur offense
D)compensatory negligence
E)gross negligence

Question 75

While driving her car down the street,Susan sees a child playing near the road with no adult supervision.Which of the following is most likely a correct statement regarding Susan's duty,if any,to the child?

A)Because the law holds that every United States citizen has a duty to help a stranger in peril,she must come to the child's assistance.
B)She must come to the child's assistance,but only because a minor is involved.
C)She has no duty to render assistance to the child.
D)She must render assistance to the child,but only if she can do so without peril to herself.
E)She must render assistance to the child,but only if she knows the child's parents.

Question 76

Which of the following is true regarding the law of negligence in Germany?

A)It is the same as the law of negligence in the United States.
B)It focuses only on conscious negligence.
C)It focuses only on unconscious negligence.
D)Courts distinguish between conscious and unconscious negligence,with defendants who have engaged in only conscious negligence being found not liable.
E)Courts distinguish between conscious and unconscious negligence,with defendants who have engaged in only unconscious negligence being found not liable.

Question 77

________ cause is sometimes referred to as "but-for" causation.

A)Proximate
B)Significant
C)Actual
D)Legal
E)Constructive

Question 78

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence action against the professional referred to as a ________ case.

A)malfeasance
B)malpractice
C)mistake
D)misfeasance
E)strict liability

Question 79

In most states,proximate cause is determined by ________.

A)statute
B)common law
C)foreseeability
D)but-for causation
E)strict liability

Question 80

________ cause is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury.

A)Proximate
B)Legal
C)Apparent
D)Actual
E)Significant