Question 1

Which of the following best describes battery?

Accepted Answer

A)  unauthorized and harmful or offensive physical contact with another person that causes injury 
B)  an action that arouses reasonable apprehension of imminent harm 
C)  oral or written defamation of another person's character 
D)  intentional confinement or restraint of another person without that person's consent

Question 2

Explain the doctrine of strict liability with examples.

Accepted Answer

The answer of Explain the doctrine of strict liability with...

Question 3

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Accepted Answer

A)  Res ipsa loquitur 
B)  Negligence per se 
C)  Doctrine of proximate cause 
D)  Doctrine of comparative negligence

Question 4

A young man visiting an amusement park spots a mechanical bull ride. He watches several customers ride the mechanical bull, and he decides it looks like fun. He pays a fee to ride the mechanical bull. The attendant at the ride gives the young man a piece of paper to sign prior to riding the mechanical bull. The paper says, "I understand that riding this mechanical bull is a dangerous activity which could result in serious injury." The young man signs the paper, hops up on the mechanical bull, is thrown onto the surrounding mat, and suffers a compound fracture to his leg. Is the amusement park liable in tort? Why or why not?

Accepted Answer

The answer of A young man visiting an amusement park...

Question 5

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Accepted Answer

A)  Tort of outrage 
B)  Tort of misappropriation 
C)  Disparagement 
D)  Unintentional tort

Question 6

Which of the following is an intentional tort?

Accepted Answer

A)  breach of duty of care 
B)  defect in product manufacture 
C)  disparagement 
D)  negligence

Question 7

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Accepted Answer

A) True 
 B)False

Question 8

Explain the torts of appropriation and invasion of the right to privacy with examples.

Accepted Answer

The answer of Explain the torts of appropriation and invasion...

Question 9

In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________.

Accepted Answer

A)  assumed there was no risk involved and entered into the activity that injured him or her 
B)  was injured after the defendant's liability for the risk ended 
C)  was injured in an activity that had no risk of any manner 
D)  had knowledge of the specific risk and voluntarily assumed the risk

Question 10

The violation of a statute that proximately causes an injury is termed as negligence per se.

Accepted Answer

A) True 
 B)False

Question 11

Assumption of risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

Accepted Answer

A) True 
 B)False

Question 12

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

Accepted Answer

A) True 
 B)False

Question 13

In order to claim damages for negligence per se, the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

Accepted Answer

A) True 
 B)False

Question 14

Jessica files a frivolous lawsuit against Thomas, claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Accepted Answer

A) True 
 B)False

Question 15

Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael?

Accepted Answer

A)  doctrine of unintentional tort 
B)  doctrine of proximate cause 
C)  doctrine of negligence 
D)  transferred intent doctrine

Question 16

What is meant by "causation in fact"?

Accepted Answer

A)  the facts stated by a plaintiff during trial 
B)  a defendant's negligent act that caused the plaintiff's injuries 
C)  a defendant's defense against a case of negligence 
D)  a defendant's plea of guilt due to negligence

Question 17

If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

Accepted Answer

A) True 
 B)False

Question 18

Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

Accepted Answer

A) True 
 B)False

Question 19

Under negligence, a person is liable only for ________ events.

Accepted Answer

A)  intervening 
B)  foreseeable 
C)  superseding 
D)  overruling

Question 20

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Accepted Answer

A) True 
 B)False

Exam 5: Intentional Torts and Negligence

Which of the following best describes battery?

Explain the doctrine of strict liability with examples.

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Which of the following is an intentional tort?

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Explain the torts of appropriation and invasion of the right to privacy with examples.

In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________.

The violation of a statute that proximately causes an injury is termed as negligence per se.

Assumption of risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

In order to claim damages for negligence per se, the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

Jessica files a frivolous lawsuit against Thomas, claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael?

What is meant by "causation in fact"?

If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

Under negligence, a person is liable only for ________ events.

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.