Question 1

The threat of immediate harm or offensive contact is termed as ________.

Accepted Answer

A)  battery 
B)  assault 
C)  disparagement 
D)  libel 
A)  battery 
B)  assault 
C)  disparagement 
D)  libel

Question 2

If the defendant's act caused the plaintiff's injuries, there is causation in fact

Accepted Answer

A) True 
 B)False

Question 3

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

Accepted Answer

A) True 
 B)False

Question 4

If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.

Accepted Answer

A) True 
 B)False

Question 5

Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true of this situation?

Accepted Answer

A)  Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel. 
B)  TurboDiezel cannot be held strictly liable as the company is not the seller in this case. 
C)  Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake. 
D)  Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain. 
A)  Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel. 
B)  TurboDiezel cannot be held strictly liable as the company is not the seller in this case. 
C)  Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake. 
D)  Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

Question 6

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following instances depict the tort of outrage?

Accepted Answer

A)  A farmer's crops are set on fire by an unidentified miscreant. 
B)  A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. 
C)  A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. 
D)  A beverage-manufacturer claims that its competitor uses coffee beans of poor quality. 
A)  A farmer's crops are set on fire by an unidentified miscreant. 
B)  A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. 
C)  A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. 
D)  A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Question 8

A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

Accepted Answer

malicious

Question 9

A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.

Accepted Answer

A) True 
 B)False

Question 10

When the containers of a product are not tamperproof, it is termed as a ________.

Accepted Answer

The answer of When the containers of a product are...

Question 11

A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed is liable for legal malpractice.

Accepted Answer

A) True 
 B)False

Question 12

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

Accepted Answer

A)  the defendant made a false representation of material fact 
B)  the defendant was in exclusive control of the situation 
C)  the plaintiff was within a class of persons meant to be protected by the violated statute 
D)  the plaintiff was affected by malicious statements made by the defendant about his/her character 
A)  the defendant made a false representation of material fact 
B)  the defendant was in exclusive control of the situation 
C)  the plaintiff was within a class of persons meant to be protected by the violated statute 
D)  the plaintiff was affected by malicious statements made by the defendant about his/her character

Question 13

________ is the making of false statements about a competitor's products, services, property, or business reputation.

Accepted Answer

The answer of ________ is the making of false statements...

Question 14

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

Accepted Answer

A) True 
 B)False

Question 15

The defendant can held liable for injuries caused by the superseding event.

Accepted Answer

A) True 
 B)False

Question 16

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

A)  Causation in fact 
B)  Point of reason 
C)  Point of appropriation 
D)  Proximate cause 
A)  Causation in fact 
B)  Point of reason 
C)  Point of appropriation 
D)  Proximate cause

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

A) True 
 B)False

Question 19

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

Accepted Answer

A)  the defendant was in exclusive control of the situation 
B)  the plaintiff was within a class of persons meant to be protected by the violated statute 
C)  the defendant made a false representation of material fact 
D)  the plaintiff was affected by malicious statements made by the defendant about his/her character 
A)  the defendant was in exclusive control of the situation 
B)  the plaintiff was within a class of persons meant to be protected by the violated statute 
C)  the defendant made a false representation of material fact 
D)  the plaintiff was affected by malicious statements made by the defendant about his/her character

Question 20

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 
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

Exam 6: Torts and Strict Liability

The threat of immediate harm or offensive contact is termed as ________.

If the defendant's act caused the plaintiff's injuries, there is causation in fact

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

Which of the following instances depict the tort of outrage?

A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.

When the containers of a product are not tamperproof, it is termed as a ________.

A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed is liable for legal malpractice.

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

________ is the making of false statements about a competitor's products, services, property, or business reputation.

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

The defendant can held liable for injuries caused by the superseding event.

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

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

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

What is meant by "causation in fact"?

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