Question 1

Negligence is defined as the failure to do something a reasonable person would do,or doing something a prudent and reasonable person would not do.

Accepted Answer

A) True 
 B)False

Question 2

All states mandate that in order for a plaintiff to recover for the tort of negligent infliction of emotional distress,the plaintiff must demonstrate some form of physical injury to accompany his or her emotional distress.

Accepted Answer

A) True 
 B)False

Question 3

A defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible.

Accepted Answer

A) True 
 B)False

Question 4

Misappropriation of the right to publicity is also called the tort of ________.

Accepted Answer

A)  appropriation 
B)  invasion of privacy 
C)  allocation 
D)  misallocation 
E)  defamation 
A)  appropriation 
B)  invasion of privacy 
C)  allocation 
D)  misallocation 
E)  defamation

Question 5

A successful "bystander recovery" case requires the plaintiff to prove the following elements: 1)a relative was killed or injured by the defendant; 2)the plaintiff suffered emotional distress; and 3)the plaintiff's mental distress resulted from a later observance of the accident scene.

Accepted Answer

A) True 
 B)False

Question 6

A driver stopped at a convenience store to run inside briefly.The driver left the engine running and forgot to set the parking brake.The car suddenly started rolling toward two small children,and Vicki,a bystander,pulled the two children out of the way of the rolling car.Vicki is injured in the process.Can Vicki recover from the driver of the car?

Accepted Answer

A)  yes, because of the Good Samaritan rule 
B)  no, because of an intervening event 
C)  no, because of assumption of the risk 
D)  yes, because the driver set up the dangerous situation 
E)  no, because of the negligence per se rule. 
A)  yes, because of the Good Samaritan rule 
B)  no, because of an intervening event 
C)  no, because of assumption of the risk 
D)  yes, because the driver set up the dangerous situation 
E)  no, because of the negligence per se rule.

Question 7

Wayne is showing off by driving his Porsche at 120 mph through a school zone.Which of the following is not a foreseeable consequence of his negligent act?

Accepted Answer

A)  that he might run over a child and injure her 
B)  that the child might be hit with a parent watching, causing negligent infliction of emotional distress 
C)  that a parent reading about the incident in the paper the next day might suffer from actionable negligent infliction of emotional distress 
D)  that a child might be hit and that other students witnessing a classmate being hit by a car might suffer from intentional infliction of emotional distress 
E)  that a child might be hit and that the child's teacher witnessing her student hit by a car might suffer from intentional infliction of emotional distress 
A)  that he might run over a child and injure her 
B)  that the child might be hit with a parent watching, causing negligent infliction of emotional distress 
C)  that a parent reading about the incident in the paper the next day might suffer from actionable negligent infliction of emotional distress 
D)  that a child might be hit and that other students witnessing a classmate being hit by a car might suffer from intentional infliction of emotional distress 
E)  that a child might be hit and that the child's teacher witnessing her student hit by a car might suffer from intentional infliction of emotional distress

Question 8

Cindy,a student,and her professor Lance have an argument during class and Lance is upset at her lack of respect.That afternoon he sees her alone,and unknown to her,walks up to her quietly from behind and slams her over the head with his briefcase.What tort(s)has he committed,if any?

Accepted Answer

A)  assault 
B)  battery 
C)  assault and battery 
D)  false imprisonment 
E)  Lance has committed a crime, but not a tort 
A)  assault 
B)  battery 
C)  assault and battery 
D)  false imprisonment 
E)  Lance has committed a crime, but not a tort

Question 9

A plaintiff wants to sue on a negligence tort,but knows that he was partly as fault.Which of the following is true?

Accepted Answer

A)  A state applying contributory negligence will allow the plaintiff to recover so long as his fault is less than 30%. 
B)  The plaintiff will have to elect whether to sue under comparative or contributory negligence. 
C)  Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence. 
D)  If the plaintiff's fault is only 25%, his recovery will be the same under either pure or partial comparative negligence. 
E)  In all circumstances, the plaintiff will recover more under partial comparative negligence than under pure comparative negligence. 
A)  A state applying contributory negligence will allow the plaintiff to recover so long as his fault is less than 30%. 
B)  The plaintiff will have to elect whether to sue under comparative or contributory negligence. 
C)  Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence. 
D)  If the plaintiff's fault is only 25%, his recovery will be the same under either pure or partial comparative negligence. 
E)  In all circumstances, the plaintiff will recover more under partial comparative negligence than under pure comparative negligence.

Question 10

The tort of intentional infliction of emotional distress is also known as the ________.

Accepted Answer

A)  tort of outrage 
B)  crime of outrage 
C)  tort of approbation 
D)  crime or approbation 
E)  tort of obsequiousness 
A)  tort of outrage 
B)  crime of outrage 
C)  tort of approbation 
D)  crime or approbation 
E)  tort of obsequiousness

Question 11

Which of the following best describes the effect of typical Good Samaritan laws?

Accepted Answer

A)  Medical professionals are obligated to stop and assist persons in need. 
B)  Medical professionals have a lower duty of care to strangers than to their regular patients. 
C)  Medical professionals cannot be held liable if they cause injury to someone to whom they provide medical care in an emergency. 
D)  Someone injured by a medical professional who is providing emergency medical care at the scene of an accident cannot recover if the injury was due to ordinary negligence. 
E)  Medical professionals can only be held liable if they cause permanent injury to someone to who they provide medical care in an emergency. 
A)  Medical professionals are obligated to stop and assist persons in need. 
B)  Medical professionals have a lower duty of care to strangers than to their regular patients. 
C)  Medical professionals cannot be held liable if they cause injury to someone to whom they provide medical care in an emergency. 
D)  Someone injured by a medical professional who is providing emergency medical care at the scene of an accident cannot recover if the injury was due to ordinary negligence. 
E)  Medical professionals can only be held liable if they cause permanent injury to someone to who they provide medical care in an emergency.

Question 12

Which of the following does not constitute false imprisonment?

Accepted Answer

A)  The victim is restrained or confined by the threat of physical harm. 
B)  The victim is restrained or confined by the perpetrator's false assertion of legal authority. 
C)  The victim is restrained or confined by the threat of future harm. 
D)  The victim is restrained or confined by moral pressure. 
E)  The victim is restrained or confined by the threat of future harm, or the victim is restrained or confined by moral pressure. 
A)  The victim is restrained or confined by the threat of physical harm. 
B)  The victim is restrained or confined by the perpetrator's false assertion of legal authority. 
C)  The victim is restrained or confined by the threat of future harm. 
D)  The victim is restrained or confined by moral pressure. 
E)  The victim is restrained or confined by the threat of future harm, or the victim is restrained or confined by moral pressure.

Question 13

Sam and Dave are alone in a room when Sam accuses Dave of being a thief.In fact,Dave has never stolen anything in his life.If Dave is upset and sues Sam:

Accepted Answer

A)  Dave will have a successful cause of action for slander. 
B)  Dave will have a successful cause of action for libel. 
C)  Dave will have a successful cause of action for disparagement. 
D)  Dave will have a successful cause of action for slander, libel, or disparagement. 
E)  Dave will lose the lawsuit. 
A)  Dave will have a successful cause of action for slander. 
B)  Dave will have a successful cause of action for libel. 
C)  Dave will have a successful cause of action for disparagement. 
D)  Dave will have a successful cause of action for slander, libel, or disparagement. 
E)  Dave will lose the lawsuit.

Question 14

In a negligence action,if the defendant is a man,the court applies a reasonable man standard to establish the duty of care owed.If the defendant is a woman,the court applies a reasonable woman standard.

Accepted Answer

A) True 
 B)False

Question 15

________ is the threat of immediate harm or offensive contact,or any action that arouses reasonable apprehension of imminent harm.

Accepted Answer

A)  negligence 
B)  negligent infliction of emotional distress 
C)  intentional infliction of emotional distress 
D)  assault 
E)  battery 
A)  negligence 
B)  negligent infliction of emotional distress 
C)  intentional infliction of emotional distress 
D)  assault 
E)  battery

Exam 5: Torts and Strict Liability

Negligence is defined as the failure to do something a reasonable person would do,or doing something a prudent and reasonable person would not do.

All states mandate that in order for a plaintiff to recover for the tort of negligent infliction of emotional distress,the plaintiff must demonstrate some form of physical injury to accompany his or her emotional distress.

A defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible.

Misappropriation of the right to publicity is also called the tort of ________.

A successful "bystander recovery" case requires the plaintiff to prove the following elements: 1)a relative was killed or injured by the defendant; 2)the plaintiff suffered emotional distress; and 3)the plaintiff's mental distress resulted from a later observance of the accident scene.

Wayne is showing off by driving his Porsche at 120 mph through a school zone.Which of the following is not a foreseeable consequence of his negligent act?

Cindy,a student,and her professor Lance have an argument during class and Lance is upset at her lack of respect.That afternoon he sees her alone,and unknown to her,walks up to her quietly from behind and slams her over the head with his briefcase.What tort(s)has he committed,if any?

A plaintiff wants to sue on a negligence tort,but knows that he was partly as fault.Which of the following is true?

The tort of intentional infliction of emotional distress is also known as the ________.

Which of the following best describes the effect of typical Good Samaritan laws?

Which of the following does not constitute false imprisonment?

Sam and Dave are alone in a room when Sam accuses Dave of being a thief.In fact,Dave has never stolen anything in his life.If Dave is upset and sues Sam:

In a negligence action,if the defendant is a man,the court applies a reasonable man standard to establish the duty of care owed.If the defendant is a woman,the court applies a reasonable woman standard.

________ is the threat of immediate harm or offensive contact,or any action that arouses reasonable apprehension of imminent harm.

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