Question 1

A superseding cause is an act that:

Accepted Answer

A) happens just before the act that causes harm to the victim 
B) makes the causal connection between a person's act and the resulting harm to another 
C) causes a person to commit the act that results in harm to another 
D) all of the other specific choices 
E) none of the other specific choices

Question 2

While you are sound asleep,your roommate hits you in the head with a brick.This is most likely to be the tort of:

Accepted Answer

A) fraud 
B) negligence 
C) false imprisonment 
D) malicious prosecution 
E) none of the other choices

Question 3

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" at work as part of a prank,the appeals court held that there was no tort because there was no malice or physical injury despite the fact that Fuerschbach did not like it.

Accepted Answer

A) True 
 B)False

Question 4

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

Accepted Answer

A) battery 
B) assault 
C) defamation 
D) duress 
E) false imprisonment

Question 5

Damages in a negligence suit are found to be $100,000.If the jury finds the defendant was 60 percent responsible,the defendant would pay for 60 percent of the damages ($60,000)under the rule of comparative negligence.

Accepted Answer

A) True 
 B)False

Question 6

The doctrine of ____________________ permits damages to be decreased by the percentage
Of plaintiffs' injuries caused by plaintiff's negligence.

Accepted Answer

A) substantial factor 
B) proximate cause 
C) intentional negligence 
D) intervening conduct 
E) comparative advantage

Question 7

Tort law is intended to try to put an injured party in the position he would have been in if the tort had not occurred.

Accepted Answer

A) True 
 B)False

Question 8

You tell people that someone you dislike is a child molester.This is not true.You most likely committed the tort of:

Accepted Answer

A) libel 
B) assault 
C) invasion of privacy 
D) malicious prosecution 
E) none of the other choices

Question 9

If a person is found liable in tort for negligence,that person is responsible for all consequences,foreseeable or not.

Accepted Answer

A) True 
 B)False

Question 10

Jill publicly states that Alvin committed a murder.Jill's statement is considered:

Accepted Answer

A) rude 
B) proximate defamation 
C) defamation by default 
D) defamation qua non 
E) none of the other choices

Question 11

A criminal case differs from a tort case because:

Accepted Answer

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

Libel involves spoken defamatory communication.

Accepted Answer

A) True 
 B)False

Question 13

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair.He paid to ride the bull and signed a form that he understood the risk of injury.After he was injured,he sued the fair that provided the ride for negligence.You would expect the court held that:

Accepted Answer

A) the fair was not liable because it did not own the ride;but the owner of the ride could be found liable in strict liability because it knew of the dangers 
B) the fair was not liable because it did not own the ride;but the owner of the ride could be found liable in negligence because it knew of the dangers 
C) the fair and the owner of the ride could both be liable in negligence 
D) the fair was liable in negligence because it had the primary responsibility to its patrons not to provide dangerous amusements in a negligent manner 
E) none of the other choices

Question 14

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

Accepted Answer

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

Question 15

Intentional physical contact without consent may constitute the tort of:

Accepted Answer

A) negligence 
B) misrepresentation 
C) defamation 
D) duress 
E) none of the other choices

Question 16

In an assault or battery tort case,consent:

Accepted Answer

A) must be witnessed by at least one witness of legal age 
B) must be expressed with words 
C) must be expressed in writing 
D) must be expressed by all involved parties 
E) none of the other choices

Question 17

If your employer suspects you of being a thief,and searches your home for evidence (without a warrant),you will barred from bringing any action for invasion of privacy if he sincerely believed you were guilty.

Accepted Answer

A) True 
 B)False

Question 18

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.

Accepted Answer

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

Question 19

Which of the following is least likely to be grounds for a suit for defamation by an employee who has been fired for poor performance:

Accepted Answer

A) an employer tells another employer about problems caused by an employee 
B) an employer tells the media about problems caused by an employee 
C) an employer tells employees in the same office about the reasons for the dismissal 
D) all of the other choices are solid reasons for defamation suits likely to be successful 
E) none of the other choices are solid reasons for defamation suits likely to be successful

Question 20

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:

Accepted Answer

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

Exam 6: Elements of Torts

A superseding cause is an act that:

While you are sound asleep,your roommate hits you in the head with a brick.This is most likely to be the tort of:

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" at work as part of a prank,the appeals court held that there was no tort because there was no malice or physical injury despite the fact that Fuerschbach did not like it.

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

Damages in a negligence suit are found to be $100,000.If the jury finds the defendant was 60 percent responsible,the defendant would pay for 60 percent of the damages ($60,000)under the rule of comparative negligence.

The doctrine of ____________________ permits damages to be decreased by the percentage Of plaintiffs' injuries caused by plaintiff's negligence.

Tort law is intended to try to put an injured party in the position he would have been in if the tort had not occurred.

You tell people that someone you dislike is a child molester.This is not true.You most likely committed the tort of:

If a person is found liable in tort for negligence,that person is responsible for all consequences,foreseeable or not.

Jill publicly states that Alvin committed a murder.Jill's statement is considered:

A criminal case differs from a tort case because:

Libel involves spoken defamatory communication.

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair.He paid to ride the bull and signed a form that he understood the risk of injury.After he was injured,he sued the fair that provided the ride for negligence.You would expect the court held that:

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

Intentional physical contact without consent may constitute the tort of:

In an assault or battery tort case,consent:

If your employer suspects you of being a thief,and searches your home for evidence (without a warrant),you will barred from bringing any action for invasion of privacy if he sincerely believed you were guilty.

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.

Which of the following is least likely to be grounds for a suit for defamation by an employee who has been fired for poor performance:

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: