Question 1

The doctrine of ____ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence.

Accepted Answer

A)   substantial factor
B)   proximate cause
C)   intentional negligence
D)   intervening conduct
E)   comparative advantage

Question 2

Which of the following is not an category of intentional tort:

Accepted Answer

A)   assault
B)   murder
C)   false imprisonment
D)   battery
E)   invasion of privacy

Question 3

In Squish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as claimed, the appeals court held that the claim of negligent misrepresentation:

Accepted Answer

A)   failed because the defendant only recommended a product made by another company
B)   failed because the defendant obtained no financial gain by the bad decision
C)   failed because the plaintiff is a sophisticated business and could evaluate the product
D)   could proceed because the defendant may have negligently provided false information
E)   could proceed because the defendant intended to extract a large payment from the plaintiff based on false information

Question 4

Evidence that shows a person's conduct is the reason why an event happened may establish the cause-in-fact of negligent tort.

Accepted Answer

A) True 
 B)False

Question 5

Joe goes to a bar. He gets into an argument with Danny about the merits of Monday Night Football. They start to fight and Joe ends up kissing the barroom floor. Joe can sue Danny:

Accepted Answer

A)   for assault and battery and probably win
B)   for battery only and probably win
C)   but Danny will probably successfully argue self-defense
D)   but Danny will probably successfully claim the defense of excused harm
E)   for damage to reputation because everyone laughed at him

Question 6

In some states, such as California, proximate cause has been replaced by a negligence rule of liability that holds: A legal cause of injury is a cause which is a(n)  ____ in bringing about the injury.

Accepted Answer

A)   intervening conduct
B)   superseding cause
C)   sine qua non
D)   contributory factor
E)   none of the other choices are correct

Question 7

Torts based on negligence protect people from:

Accepted Answer

A)   harm from others' unintentional but legally careless conduct
B)   willful disregard for customer safety
C)   accidental consumer injury due to the misuse of a product
D)   all of the specific choices
E)   none of the other specific choices

Question 8

Most tort suits arise from:

Accepted Answer

A)   customer ignorance
B)   failure to plan for unexpected catastrophes
C)   natural disasters
D)   repeated failure to comply with industry regulations
E)   none of the other choices

Question 9

The proximate cause of an injury is the ____ cause of the injury.

Accepted Answer

A)   legal
B)   definite
C)   probable
D)   most likely
E)   foreseeable

Question 10

In an assault or battery tort case, consent:

Accepted Answer

A)   must be witnessed by at least one witness of legal age
B)   must be expressed with words
C)   must be expressed in writing
D)   must be expressed by all involved parties
E)   none of the other choices

Question 11

Proximate cause limits liability to harms:

Accepted Answer

A)   whether foreseeable or not
B)   resulting from remote occurrences "evolving naturally" from a central event
C)   that result from non-negligent conduct
D)   that arise from interaction with railroads
E)   none of the other choices

Question 12

If a person intends to act to cause a harmful or offensive contact, he is liable for the tort of:

Accepted Answer

A)   assault
B)   false imprisonment
C)   defamation
D)   duress
E)   none of the other choices

Question 13

Which of the following is not an intentional tort involving interference with personal rights:

Accepted Answer

A)   defamation
B)   false imprisonment
C)   nuisance
D)   mental distress
E)   malicious prosecution

Question 14

If you are walking to your car at night in a dark parking lot and a stranger steps from behind a car and points a gun at you, there has probably been an assault.

Accepted Answer

A) True 
 B)False

Question 15

Tort law evolves through time by court decisions that reflect social values and community standards.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following would be an invasion of privacy:

Accepted Answer

A)   the publication of a person's photograph without permission
B)   illegally wiretapping a person's phone
C)   publishing a story about an individual based on false information
D)   publicly revealing a person's personal debt information
E)   all of the other choices are invasions of privacy

Question 17

The most common defense to a claim of defamation is:

Accepted Answer

A)   consent
B)   proximate cause
C)   protection of others
D)   self-defense
E)   none of the other choices

Question 18

The tort of printed or written defamatory communication is:

Accepted Answer

A)   slander
B)   conversion
C)   privilege
D)   negligence
E)   none of the other choices

Question 19

Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation. The standard that applies to the surgeon is the reasonable person, which means:

Accepted Answer

A)   strict liability
B)   the care expected of a skilled surgeon under the circumstances
C)   the care expected of a reasonable person under the circumstances
D)   the care expected of any person under the circumstances
E)   none of the other choices; negligence law does not apply to physicians

Question 20

With regard to torts, New Zealand differs from the United States in that:

Accepted Answer

A)   personal injury tort suits are not allowed
B)   there are no mega-damage awards
C)   injured parties are compensated from a social insurance fund
D)   all of the other specific choices
E)   none of the other specific choices

Exam 6: Elements of Torts

The most common defense to a claim of defamation is:

Correct AnswerverifiedShow Answer

Proximate cause limits liability to harms:

Correct AnswerverifiedShow Answer

In some states, such as California, proximate cause has been replaced by a negligence rule of liability that holds: A legal cause of injury is a cause which is a(n) ____ in bringing about the injury.

Correct AnswerverifiedShow Answer

In an assault or battery tort case, consent:

Correct AnswerverifiedShow Answer

If you are walking to your car at night in a dark parking lot and a stranger steps from behind a car and points a gun at you, there has probably been an assault.

Correct AnswerverifiedShow Answer

Which of the following is not an category of intentional tort:

Correct AnswerverifiedShow Answer

Joe goes to a bar. He gets into an argument with Danny about the merits of Monday Night Football. They start to fight and Joe ends up kissing the barroom floor. Joe can sue Danny:

Correct AnswerverifiedShow Answer

If a person intends to act to cause a harmful or offensive contact, he is liable for the tort of:

Correct AnswerverifiedShow Answer

Which of the following is not an intentional tort involving interference with personal rights:

Correct AnswerverifiedShow Answer

With regard to torts, New Zealand differs from the United States in that:

Correct AnswerverifiedShow Answer

Tort law evolves through time by court decisions that reflect social values and community standards.

Correct AnswerverifiedShow Answer

Most tort suits arise from:

Correct AnswerverifiedShow Answer

Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation. The standard that applies to the surgeon is the reasonable person, which means:

Correct AnswerverifiedShow Answer

The doctrine of ____ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence.

Correct AnswerverifiedShow Answer

Torts based on negligence protect people from:

Correct AnswerverifiedShow Answer

The tort of printed or written defamatory communication is:

Correct AnswerverifiedShow Answer

Which of the following would be an invasion of privacy:

Correct AnswerverifiedShow Answer

Evidence that shows a person's conduct is the reason why an event happened may establish the cause-in-fact of negligent tort.

Correct AnswerverifiedShow Answer

In Squish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as claimed, the appeals court held that the claim of negligent misrepresentation:

Correct AnswerverifiedShow Answer

The proximate cause of an injury is the ____ cause of the injury.

Correct AnswerverifiedShow Answer

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