Question 1

What is meant by "causation in fact"?

Accepted Answer

A)  a defendant's counter-lawsuit against malicious prosecution 
B)  a defendant's negligent act led to 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)  a defendant's counter-lawsuit against malicious prosecution 
B)  a defendant's negligent act led to 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 2

Which of the following statements is true of the tort of assault?

Accepted Answer

A)  It is considered an unintentional tort by the law. 
B)  It characterizes any action that arouses apprehension of imminent harm. 
C)  It is considered a negligent action that is punishable by the attractive nuisance doctrine. 
D)  It requires actual physical contact between plaintiff and defendant. 
A)  It is considered an unintentional tort by the law. 
B)  It characterizes any action that arouses apprehension of imminent harm. 
C)  It is considered a negligent action that is punishable by the attractive nuisance doctrine. 
D)  It requires actual physical contact between plaintiff and defendant.

Question 3

The intentional confinement of another person without justification and without that person's consent is defined as False imprisonment.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following statements is true of battery?

Accepted Answer

A)  It is considered an unintentional tort that the law considers to be trivial in nature. 
B)  It is a legally sanctioned use of force on a particular individual. 
C)  It is considered an act of negligence on the part of the perpetrator. 
D)  It entails harmful and unauthorized contact between victim and perpetrator. 
A)  It is considered an unintentional tort that the law considers to be trivial in nature. 
B)  It is a legally sanctioned use of force on a particular individual. 
C)  It is considered an act of negligence on the part of the perpetrator. 
D)  It entails harmful and unauthorized contact between victim and perpetrator.

Question 5

Discuss whether the application of strict liability is fair to someone adjudged to be liable for the same.

Accepted Answer

The imposition of strict liability on a

Question 6

The ________ says a person whose extreme conduct recklessly causes severe emotional distress to another person is liable for that emotional distress.

Accepted Answer

A)  tort of outrage 
B)  shopkeeper's privilege doctrine 
C)  doctrine of professional malpractice 
D)  Good Samaritan law 
A)  tort of outrage 
B)  shopkeeper's privilege doctrine 
C)  doctrine of professional malpractice 
D)  Good Samaritan law

Question 7

The defense of assumption of the risk can be used by a defendant against a plaintiff who voluntarily participates in a risky activity that results in injury.

Accepted Answer

A) True 
 B)False

Question 8

Intentionally creating a False fire alarm in a hospital is an example of ________.

Accepted Answer

A)  tort appropriation 
B)  a breach of Good Samaritan laws 
C)  a breach of duty of care 
D)  tort of res ipsa loquitur 
A)  tort appropriation 
B)  a breach of Good Samaritan laws 
C)  a breach of duty of care 
D)  tort of res ipsa loquitur

Question 9

Oral defamation of character is known as libel.

Accepted Answer

A) True 
 B)False

Question 10

According to the ________ doctrine,a participant in a covered activity will be held liable for any injuries caused by the activity,even if he or she was not negligent.

Accepted Answer

A)  strict liability 
B)  transferred intent 
C)  professional malpractice 
D)  attractive nuisance 
A)  strict liability 
B)  transferred intent 
C)  professional malpractice 
D)  attractive nuisance

Question 11

Under the ________ doctrine,damages are apportioned according to fault.

Accepted Answer

A)  contributory negligence 
B)  comparative fault 
C)  transferred intent 
D)  attractive nuisance 
A)  contributory negligence 
B)  comparative fault 
C)  transferred intent 
D)  attractive nuisance

Question 12

Which of the following is true of the doctrine of contributory negligence?

Accepted Answer

A)  It states that a plaintiff and a defendant must share damages according to the fraction of fault assigned to each of them. 
B)  It states that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. 
C)  It states that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under contributory negligence. 
D)  It states that a plaintiff must be more than 50 percent responsible for causing his or her own injuries to recover under contributory negligence. 
A)  It states that a plaintiff and a defendant must share damages according to the fraction of fault assigned to each of them. 
B)  It states that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. 
C)  It states that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under contributory negligence. 
D)  It states that a plaintiff must be more than 50 percent responsible for causing his or her own injuries to recover under contributory negligence.

Question 13

A violation of a person's privilege to live his or her life without being subjected to undesired publicity constitutes the tort of ________.

Accepted Answer

A)  invasion of the right to privacy 
B)  product disparagement 
C)  slander of title 
D)  trade libel 
A)  invasion of the right to privacy 
B)  product disparagement 
C)  slander of title 
D)  trade libel

Question 14

Compare and contrast contributory negligence and comparative negligence.

Accepted Answer

Contributory negligence holds that a pla

Question 15

The general test of ________ is foreseeability.

Accepted Answer

A)  legal cause 
B)  causation in fact 
C)  actual cause 
D)  direct cause 
A)  legal cause 
B)  causation in fact 
C)  actual cause 
D)  direct cause

Question 16

________ refers to a lawsuit wherein the plaintiff from a previous lawsuit becomes the defendant and vice versa.

Accepted Answer

A)  Slander 
B)  Trade libel 
C)  Malicious prosecution 
D)  Defamation of character 
A)  Slander 
B)  Trade libel 
C)  Malicious prosecution 
D)  Defamation of character

Question 17

Negligence per se 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 18

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

Accepted Answer

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

Question 19

One student actor wins a part in a play over another student actor.To get back at the winning student,the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress,defamation,and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

Accepted Answer

A)  tort of outrage 
B)  malicious prosecution 
C)  intentional misrepresentation 
D)  negligence 
A)  tort of outrage 
B)  malicious prosecution 
C)  intentional misrepresentation 
D)  negligence

Question 20

Which of the following is true of merchant protection statutes?

Accepted Answer

A)  They allow merchants to detain shoplifters without being held liable for False imprisonment. 
B)  They allow merchants to detain suspects for as long as the merchants deem necessary. 
C)  They allow merchants to interrogate suspected shoplifters using forceful, coercive methods. 
D)  They allow merchants to exact reasonable payments from suspects as a punitive measure. 
A)  They allow merchants to detain shoplifters without being held liable for False imprisonment. 
B)  They allow merchants to detain suspects for as long as the merchants deem necessary. 
C)  They allow merchants to interrogate suspected shoplifters using forceful, coercive methods. 
D)  They allow merchants to exact reasonable payments from suspects as a punitive measure.

Exam 5: Intentional Torts and Negligence

What is meant by "causation in fact"?

Which of the following statements is true of the tort of assault?

The intentional confinement of another person without justification and without that person's consent is defined as False imprisonment.

Which of the following statements is true of battery?

Discuss whether the application of strict liability is fair to someone adjudged to be liable for the same.

The ________ says a person whose extreme conduct recklessly causes severe emotional distress to another person is liable for that emotional distress.

The defense of assumption of the risk can be used by a defendant against a plaintiff who voluntarily participates in a risky activity that results in injury.

Intentionally creating a False fire alarm in a hospital is an example of ________.

Oral defamation of character is known as libel.

According to the ________ doctrine,a participant in a covered activity will be held liable for any injuries caused by the activity,even if he or she was not negligent.

Under the ________ doctrine,damages are apportioned according to fault.

Which of the following is true of the doctrine of contributory negligence?

A violation of a person's privilege to live his or her life without being subjected to undesired publicity constitutes the tort of ________.

Compare and contrast contributory negligence and comparative negligence.

The general test of ________ is foreseeability.

________ refers to a lawsuit wherein the plaintiff from a previous lawsuit becomes the defendant and vice versa.

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

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

Which of the following is true of merchant protection statutes?

Legal Heritage and the Digital Age

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Courts and Jurisdiction

Judicial Alternative Administrative and E-Dispute Resolution

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

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Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System and Electronic Financial Transactions

Credit, Real Property Financing, and Secured Transactions

Bankruptcy and Reorganization

Agency law

Small Business, Entrepreneurship, and Partnerships

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Corporate Governance and the Sarbanes-Oxley Act

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Antitrust Law and Unfair Trade Practices

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