Question 1

The term res ipsa loquitur means:

Accepted Answer

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 2

Carl's neighbor writes a column for the local paper.One week he reveals Carl's drug abuse problems and Carl is subsequently fired from work.Carl will probably sue his neighbor for:

Accepted Answer

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

Question 3

Refer to Fact Pattern 6-1.Jo's letter to Extracto concerning Elmo's work record was partly true and partly untrue.If Elmo sued Jo and E-Z based on the untruths,on what theory would he base his claim:

Accepted Answer

A) appropriation of likeness 
B) disparagement 
C) defamation 
D) negligence 
E) invasion of privacy

Question 4

A conditional privilege eliminates liability for defamation when the statement:

Accepted Answer

A) was published in good faith and with proper motives 
B) was not true 
C) was true 
D) was published with the plaintiff's knowledge and consent 
E) was legally found in public records

Question 5

Harassing telephone calls may be the basis for a tort case of:

Accepted Answer

A) false imprisonment 
B) battery 
C) negligence 
D) harmful contact 
E) invasion of privacy

Question 6

False imprisonment is the deprivation of a person's liberty without justification.To establish a cause of action,the plaintiff must show:

Accepted Answer

A) that their right to freedom of movement was violated 
B) the defendant restrained the plaintiff 
C) the restraint was intentional 
D) all of the other specific choices must be shown 
E) none of the other specific choices need be shown

Question 7

Express assumption of risk is when:

Accepted Answer

A) the parties agree beforehand that the defendant will relieve the plaintiff of his or her legal duty towards the defendant 
B) the parties agree beforehand that the plaintiff will do everything in his power to protect the defendant from known risks 
C) the parties agree beforehand that the defendant is only responsible for unknown risks 
D) the parties agree beforehand that the plaintiff will relieve the defendant of his or her legal duty toward the plaintiff 
E) none of the other choices

Question 8

To harass someone with late-night phone calls,profanity,threats,name-calling,and extreme bad behavior could lay the groundwork for the tort of:

Accepted Answer

A) trespass 
B) battery 
C) emotional distress 
D) defamation 
E) none of the other choices

Question 9

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:

Accepted Answer

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 10

A major purpose of tort law is to:

Accepted Answer

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 11

One day while Phil is out shopping,George searches Phil's home for evidence he could use to blackmail Phil.George finds nothing,causes no damage,and puts everything back in order before he leaves.George could most likely be sued for:

Accepted Answer

A) assault 
B) false imprisonment 
C) private nuisance 
D) disparagement 
E) none of the other choices

Question 12

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 13

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

Accepted Answer

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

Question 14

Truth is an important defense in a defamation suit because:

Accepted Answer

A) in some states truth is a complete defense regardless of the purpose or intent in publishing the statement 
B) in some states truth is a complete defense if the intent in publishing the statement was not to harm 
C) if the statement was true,the damage award amount is limited 
D) if the statement was true,the defendant will not have to pay any damage awards 
E) none of the other choices

Question 15

A major purpose of tort law is to:

Accepted Answer

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 16

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:

Accepted Answer

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 17

The rules of tort law have changed little over the past two centuries.

Accepted Answer

A) True 
 B)False

Question 18

Carl's neighbor writes a column for the local paper.One week he reveals Carl's drug abuse problems and Carl is subsequently fired from work.Carl will probably sue his neighbor for:

Accepted Answer

A) invasion of privacy 
B) assault 
C) battery 
D) false imprisonment 
E) negligence

Question 19

If Tiger Woods' photo appears on boxes of Wheaties cereal without his permission,he does not have suit for invasion of privacy because he is a public person.

Accepted Answer

A) True 
 B)False

Question 20

To badger someone late at night with many threatening phone calls could lead to the tort of emotional distress.

Accepted Answer

A) True 
 B)False

Exam 6: Elements of Torts

The term res ipsa loquitur means:

Carl's neighbor writes a column for the local paper.One week he reveals Carl's drug abuse problems and Carl is subsequently fired from work.Carl will probably sue his neighbor for:

Refer to Fact Pattern 6-1.Jo's letter to Extracto concerning Elmo's work record was partly true and partly untrue.If Elmo sued Jo and E-Z based on the untruths,on what theory would he base his claim:

A conditional privilege eliminates liability for defamation when the statement:

Harassing telephone calls may be the basis for a tort case of:

False imprisonment is the deprivation of a person's liberty without justification.To establish a cause of action,the plaintiff must show:

Express assumption of risk is when:

To harass someone with late-night phone calls,profanity,threats,name-calling,and extreme bad behavior could lay the groundwork for the tort of:

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 major purpose of tort law is to:

One day while Phil is out shopping,George searches Phil's home for evidence he could use to blackmail Phil.George finds nothing,causes no damage,and puts everything back in order before he leaves.George could most likely be sued for:

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:

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

Truth is an important defense in a defamation suit because:

A major purpose of tort law is to:

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:

The rules of tort law have changed little over the past two centuries.

Carl's neighbor writes a column for the local paper.One week he reveals Carl's drug abuse problems and Carl is subsequently fired from work.Carl will probably sue his neighbor for:

If Tiger Woods' photo appears on boxes of Wheaties cereal without his permission,he does not have suit for invasion of privacy because he is a public person.

To badger someone late at night with many threatening phone calls could lead to the tort of emotional distress.