Question 1

Tort law does NOT:

Accepted Answer

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 other choices

Question 2

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

Accepted Answer

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 3

Negligence is:

Accepted Answer

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 4

Joyce Water, Certified Public Accountant (CPA), is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of:

Accepted Answer

A)  the I.R.S. Commissioner 
B)  the average person 
C)  the typical member of Congress 
D)  a competent C.P.A. 
E)  all of the other choices

Question 5

Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when, in reality, she is a very open and honest person. Erin could best sue for:

Accepted Answer

A)  battery 
B)  negligence 
C)  assault 
D)  false imprisonment 
E)  none of the other choices are realistic

Question 6

You are shopping in a department store. A store manager asks you to step into his office. He closes the door and tells you he thinks you have hidden merchandise in your clothing. You say nonsense. He says you will sit there until you confess or allow yourself to be searched. You refuse. He says, "We will see about that!" The two of you sit there for an hour. Finally, he tells you to leave. This is probably:

Accepted Answer

A)  a tort of false imprisonment 
B)  not false imprisonment because you could have walked out 
C)  not false imprisonment because no physical force was used 
D)  not false imprisonment but may well be battery 
E)  not false imprisonment because state laws allow store owners to detain shoplifters

Question 7

If the causal relationship between the defendant's act and the resulting harm is broken by an intervening act, there is an approximate cause.

Accepted Answer

A) True 
 B)False

Question 8

Res ipsa loquitur means "the thing speaks for itself."

Accepted Answer

A) True 
 B)False

Question 9

Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had:​

Accepted Answer

A)  ​no claim because only persons, not companies, could sue for invasion of privacy. 
B)  ​no claim because there was a relationship between Seki and Groupon which logically extended to Magical Adventures. 
C)  ​a claim for false light invasion of privacy. 
D)  ​a claim for defamation for associating Magical Adventures with Groupon. 
E)  ​none of the other choices are correct.

Question 10

In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her behavior, which included failure to reveal certain information about a business trip, but the district court held for Travelers, and the appeals court agreed because:

Accepted Answer

A)  Chambers was new to the company and could be fired for any reason within the first 90 days of employment 
B)  there was no evidence of actual malice by the employer 
C)  the manager who fired Chambers did not know her 
D)  all of the other specific choices 
E)  none of the other specific choices

Question 11

The major defense(s) in assault and battery cases is (are):

Accepted Answer

A)  privilege 
B)  cause-in-fact 
C)  consent 
D)  privilege and consent 
E)  privilege, consent and cause-in-fact

Question 12

Negligence torts are based on the idea that:

Accepted Answer

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 13

Slander involves spoken defamatory communication.

Accepted Answer

A) True 
 B)False

Question 14

The constitutional privilege:

Accepted Answer

A)  protects the constitution from defamation 
B)  protects politicians from defamation from the press 
C)  protects the members of the press who publish "opinion" material about public figures 
D)  protects ordinary citizens from attacks on their constitutional rights 
E)  none of the other choices

Question 15

You stupidly leave a stove burner on in your apartment. It starts a fire that burns down the apartment. A person driving by sees the fire and, looking at it, runs into another car. Your negligence in starting the fire makes you responsible to the people involved in the car accident.

Accepted Answer

A) True 
 B)False

Question 16

Consent, privilege, self-defense and defense of others and of property are all:

Accepted Answer

A)  defenses in assault and battery cases 
B)  defenses in negligence tort cases 
C)  not permissible defenses in assault and battery cases 
D)  examples of proximate causes 
E)  none of the other choices

Question 17

Because public figures, such as movie stars, are subject to so much pressure from the media, they have an easier time bringing a suit for invasion of privacy.

Accepted Answer

A) True 
 B)False

Question 18

False imprisonment is:

Accepted Answer

A)  the deprivation of a person's liberty under special circumstances 
B)  the deprivation of a person's liberty without justification 
C)  the deprivation of a person's liberty in his own home 
D)  the deprivation of a person's liberty in a public place 
E)  the deprivation of a person's mental liberty

Question 19

The tort of emotional distress protects:

Accepted Answer

A)  physical wellbeing 
B)  mental health 
C)  peace of mind 
D)  mental development 
E)  all these interests are protected by the tort of emotional distress

Question 20

In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an explosion. The New York high court held that there was no proximate cause to make the railroad liable.

Accepted Answer

A) True 
 B)False

Exam 6: Elements of Torts

Tort law does NOT:

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

Negligence is:

Joyce Water, Certified Public Accountant (CPA) , is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of:

Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when, in reality, she is a very open and honest person. Erin could best sue for:

If the causal relationship between the defendant's act and the resulting harm is broken by an intervening act, there is an approximate cause.

Res ipsa loquitur means "the thing speaks for itself."

Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had:

In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her behavior, which included failure to reveal certain information about a business trip, but the district court held for Travelers, and the appeals court agreed because:

The major defense(s) in assault and battery cases is (are) :

Negligence torts are based on the idea that:

Slander involves spoken defamatory communication.

The constitutional privilege:

You stupidly leave a stove burner on in your apartment. It starts a fire that burns down the apartment. A person driving by sees the fire and, looking at it, runs into another car. Your negligence in starting the fire makes you responsible to the people involved in the car accident.

Consent, privilege, self-defense and defense of others and of property are all:

Because public figures, such as movie stars, are subject to so much pressure from the media, they have an easier time bringing a suit for invasion of privacy.

False imprisonment is:

The tort of emotional distress protects:

In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an explosion. The New York high court held that there was no proximate cause to make the railroad liable.

Exam 6: Elements of Torts

Tort law does NOT:

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

Negligence is:

Joyce Water, Certified Public Accountant (CPA) , is sued for negligent preparation of an income tax return. To determine if she was negligent, the court applies a standard of reasonableness which measures Joyce's conduct against that of:

Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when, in reality, she is a very open and honest person. Erin could best sue for:

If the causal relationship between the defendant's act and the resulting harm is broken by an intervening act, there is an approximate cause.

Res ipsa loquitur means "the thing speaks for itself."

Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had:​

In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her behavior, which included failure to reveal certain information about a business trip, but the district court held for Travelers, and the appeals court agreed because:

The major defense(s) in assault and battery cases is (are) :

Negligence torts are based on the idea that:

Slander involves spoken defamatory communication.

The constitutional privilege:

You stupidly leave a stove burner on in your apartment. It starts a fire that burns down the apartment. A person driving by sees the fire and, looking at it, runs into another car. Your negligence in starting the fire makes you responsible to the people involved in the car accident.

Consent, privilege, self-defense and defense of others and of property are all:

Because public figures, such as movie stars, are subject to so much pressure from the media, they have an easier time bringing a suit for invasion of privacy.

False imprisonment is:

The tort of emotional distress protects:

In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an explosion. The New York high court held that there was no proximate cause to make the railroad liable.

Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had: