Torts Exam

Exam Chapter 18: Torts: A Civil Wrong 1. A person who commits a civil wrong against another is __________. a. guilty of a crime b. guilty of a tort c. liable for a crime d. liable for a tort 2. What is an example of a tort remedy? a. imprisonment b. monetary damages c. restitution d. probation 3. Which statement is NOT true about the relationship of liability to morals? a. Legal responsibility is the same as moral responsibility. b. Some immoral acts do not result in tort liability. c. Some moral acts can result in tort liability. d. Moral fault is the basis of much of tort law. 4. Why do tort cases go to trial? a. The plaintiff and defendant cannot agree on compensation or responsibility. b. The case will be decided more quickly at trial. c. The costs and fees will be lower if the case goes to trial. d. Trials are much more common than settlements. 5. Tort law has always tried to weigh which two principles? a. how much the plaintiff can pay and how much the defendant can pay b. the riskiness of certain conduct and the ability of the parties to pay c. the usefulness of certain conduct and the harm that conduct might cause d. the inequality between the parties and the degree of harm 6. Common law is made by __________. a. state legislatures b. Congress c. the executive branch through executive orders d. judges through court decisions 7. What is NOT one of the three major categories of conduct for which tort liability exists? a. intentional wrongs 1 b. c. d. acts of negligence activities for which strict liability is imposed criminal activities 8. Which is a characteristic of civil tort trials? a. The prosecutor represents the plaintiff. b. The burden of proof is beyond a reasonable doubt. c. The penalties for the defendant are more severe than criminal penalties. d. The standard of proof is preponderance of the evidence. 9. What entities have had or do have immunity from lawsuits? a. federal and state governments unless they have waived their immunity b. children who are alleged to have committed negligence c. corporations unless they have waived their immunity d. attorneys who are alleged to have committed legal malpractice 10. What type of insurance will cover damages to the insured's car, even if the crash was the insured's fault? a. b. c. d. medical insurance uninsured motorist insurance liability insurance collision insurance Chapter 19: Intentional Torts 11. What is NOT true about intentional torts? a. Intentional torts include acts that harm other persons. b. The required intent for intentional torts is the desire to cause harm. c. The required intent for intentional torts is to do the forbidden act. d. Intentional torts include acts that harm property. 12. Damages that make up for the harm caused are called __________. a. punitive damages b. compensatory damages c. nominal damages d. exemplary damages 13. Julio proved that the prison corrections officer illegally read his attorney mail. What type of damages will Julio likely win in court? a. compensatory damages b. nominal damages c. actual damages d. out-of-pocket damages 14. If the defendant has a legal defense to an intentional tort, the defendant will __________. a. only have to pay compensatory damages 2 b. c. d. only have to pay punitive damages not have to pay any damages not have to pay nominal damages 15. Jamie cuts in line in front of Tim at a fast food restaurant, and Tim throws some of his latte on Jamie. What tort has Tim committed? a. Tim has not committed a tort because Jamie was wrong to cut in line. b. Tim has not committed a tort because Tim did not inflict harmful or offensive contact. c. Tim has committed battery. d. Tim has committed assault. 16. A practical joker shuts and locks a fellow employee in the copier room for 10 minutes. The practical joker __________. a. has not committed a tort b. has committed the tort of battery c. has committed the tort of assault d. has committed the tort of false imprisonment 17. A newspaper editorial endorses Ms. Smith for superintendent of schools and describes Ms. Jones, the other candidate, as incompetent. Ms. Jones __________. a. has a valid case of slander b. has a valid case of libel c. has a valid case of defamation d. does not have a valid case since the law protects opinions 18. If a person trespasses on another person's land, the landowner __________. a. can sue for damages even if no damage was done to the land b. can sue for damages only if damage was done to the land c. cannot sue unless there were signs posted that said "No trespassing" d. can sue even if the landowner had given permission to the person to come onto the land 19. To protect their personal property, property owners may NOT __________. a. shoot thieves to prevent them from taking their property b. use peaceable means to protect their property c. use reasonable force to protect their property d. use verbal warnings to prevent thieves from taking their property 3 20. Which of the following definitions regarding intellectual property is NOT true? a. A copyright recognizes ownership of creative expressions such as books, movies, and songs. b. A patent recognizes ownership of an invention. c. An infringement is a permitted use of a copyright or patent. d. The fair use clause allows limited legal reproduction of copyrighted works for some noncommercial uses. Chapter 20: Negligence 21. Which is NOT an element of negligence? a. The defendant owed a duty of care to the plaintiff. b. The defendant's attitude violated a duty of care. c. The defendant's conduct caused the plaintiff harm. d. The plaintiff suffered actual injuries or losses. 22. Marian gets a cavity filled at the dentist's office. Marian didn't realize it but the dentist was drunk when he filled her tooth. However, he filled the cavity properly. Did the dentist commit a tort? a. yes, because by being drunk the dentist violated the duty to act with reasonable care b. no, because the dentist did not cause any injuries or losses c. yes, because the dentist had a duty to act with reasonable care which he failed to do d. no, because Marian did not realize the dentist was drunk 23. When is a person liable for failing to act? a. when there is a special relationship between the plaintiff and defendant b. when his or her failure to act is unreasonable c. when his or her failure to act is immoral d. when the defendant could have acted without harm to his or her own interest 24. What does the reasonable person standard NOT take into account? a. what the typical, average person would do b. how likely a certain harm is to occur c. how serious the harm would be if it did occur d. the burden involved in avoiding the harm 25. When people under 18 years of age drive a car, their driving will be judged by what standard? a. reasonable standard that applies to adults b. reasonable standard that applies to minors of the same age c. reasonable standard that applies to minors of the same intelligence d. reasonable standard that applies to minors of the same experience 4 26. Titania was talking on her cell phone as she filled her gas tank. This caused static electricity to ignite a fire and explosion. A man in an upstairs window across the street was so startled, he fell out of the window, breaking his collar bone. Titania's act of talking on the cell phone __________. a. is the cause in fact of the man's injuries b. is the proximate cause of the man's injuries c. did not cause the man's injuries d. foreseeably caused the man's injuries 27. What is the underlying reason for awarding damages in negligence cases? a. to deter people from acting negligently b. to restore plaintiffs to their preinjury condition c. to penalize the defendant for acting negligently d. to console the plaintiff by giving him or her money 28. In situations in which plaintiffs are contributorily negligent, the plaintiffs will __________. a. only win a portion of the costs to restore them to a preinjury condition b. not win any damages c. win damages for all their economic injuries d. win damages for all their economic injuries and non-economic losses 29. In a state using comparative negligence, a jury decides that plaintiff Jenica suffered $100,000 in damages from a car crash with Noah in which plaintiff Jenica is 20 percent at fault and defendant Noah is 80 percent at fault. What is the outcome? a. Jenica will not recover any money from Noah. b. Jenica will recover $20,000 from Noah. c. Jenica will recover $80,000 from Noah. d. Jenica will recover $100,000 from Noah. 30. Assumption of the risk is a defense to negligence that is used when the __________. a. plaintiff assumed the defendant would act reasonably b. plaintiff knew of a risk of danger but decided to accept the risk c. defendant assumed that plaintiffs would be careful d. defendant knew of a risk but acted unreasonably 5 Chapter 21: Strict Liability 31. What does strict liability mean? a. The defendant's actions will be strictly interpreted as to whether they are reasonable. b. The defendant is liable to the plaintiff for his or her negligent behavior. c. The defendant is liable to the plaintiff regardless of fault. d. The defendant is not liable for the injuries because the plaintiff was not injured. 32. To prove strict liability, one must prove __________. a. duty, breach, causation, and damages b. duty, breach, and causation c. duty and damages d. causation and damages 33. To which activity does strict liability NOT apply? a. driving a car b. blowing up a building c. using toxic chemicals and hazardous materials d. owning a wild animal 34. Strict liability for defective products results in __________. a. lower prices for consumers b. greater incentives for companies to design safe products c. less testing of products before they are sold d. fewer warnings on products 35. What are class action lawsuits? a. Individuals sue for damages caused because of a person's class and status. b. They are strict liability suits for defective products. c. They involves many people in the same lawsuit suing for damages. d. These lawsuits ask for a court order to remove a product from being made. 36. Vaccines that are unavoidably risky to use are __________. a. always subject to strict liability b. sometimes subject to strict liability and sometimes subject to negligence standards c. always subject to negligence standards d. never subject to negligence standards 37. Leo's Demolition Company blows up the old sport stadium in town. At the moment the building implodes, Gino, who lives a mile away, has a heart attack and dies. What is Leo's best defense to a lawsuit by Gino's wife for strict liability? a. Leo's Demolition Company was prudent and cautious. b. No one else was injured. c. Leo's Demolition Company acted reasonably. d. The implosion did not cause the heart attack. 6 38. Val's Kitchen Appliances makes a food chopper. In using the food chopper, the cutting blade broke off and cut Abraham. If Abraham sues Val for making a defective product, what is Val's best defense? a. Abraham ignored the clear safety warnings. b. Val's Kitchen Appliances did not breach a duty of care to Abraham. c. Val's Kitchen Appliances did not owe a duty of care to Abraham because Abraham's mother had purchased the chopper. d. Abraham assumed the risk of using a dangerous product. 39. Why is it more difficult to prove a negligence case than a strict liability case? a. Negligence cases require that a plaintiff prove duty, breach, causation, and injuries, while strict liability cases require only proof of causation and damages. b. Public policy frowns on negligence cases and therefore makes them harder to prove. c. Strict liability cases are brought against large corporations that can more easily pay for damages. d. The burden of proof in negligence cases is higher than in strict liability cases. 40. Mikaela opened a bungee jumping business. Customers tie rubber cords to their ankles and jump off a bridge so that they bounce up and down. To avoid lawsuits, customers are required to sign a waiver of liability. If people are injured bungee jumping, what type of tort suit covers this situation? a. This would be battery because it involves harmful contact. b. This would be strict liability because it is an extremely dangerous activity. c. There would be no liability because the customers signed the waiver. d. There would be liability only if Mikaela was negligent. 7 8