Deck 9: Torts

Question 1

Constructive knowledge is the standard of care

A) used in tort cases involving construction-related injuries.
B) used in tort cases where the defendant is adjudicated incompetent.
C) stating the defendant knew or should have known of the danger.
D) used in tort cases where the defendant is a minor.

Answer 1

stating the defendant knew or should have known of the danger.

Question 2

Damages in cases of intentional torts

A) must be supported with documentation of specific amounts.
B) may be estimated by the trier of fact.
C) do not include exemplary damages.
D) are assessed by the trier of law.

Answer 2

may be estimated by the trier of fact.

Question 3

In a determination of the issue of proximate cause,the trier of fact considers

A) the two types of facts.
B) whether the actor knew with substantial certainty that the action would cause injury.
C) whether the actor engaged in conduct with reckless disregard for the safety of others.
D) None of the above.

Answer 3

the two types of facts.

Question 4

A tort must involve

A) an element of compensable damage.
B) an ultrahazardous activity.
C) a manufactured product.
D) None of the above.

Question 5

Workers' compensation laws

A) provide standards for minimum wage compensation to nonunion employees.
B) provide protection for employers and employees regarding work-related injuries.
C) are used to compensate third parties injured by workers.
D) None of the above.

Question 6

The reasonable person acts like

A) an average or ordinary person under similar circumstances.
B) the most careful person under similar circumstances.
C) the least careful person under similar circumstances.
D) None of the above.

Question 7

Res ipsa loquitur is

A) is the term used for negligence in early English law.
B) applicable only in cases of intentional tort.
C) is used when plaintiff does not have access to evidence regarding causation.
D) none of the above.

Question 8

Assumption of risk

A) is a defense to allegations of negligence.
B) is a defense to the defense of last clear chance.
C) must be proved for a plaintiff to win a case based on strict liability.
D) none of the above.

Question 9

The first torts were based on

A) intent to harm.
B)careless conduct resulting in harm.
C) use of explosives.
D)None of the above

Question 10

Strict liability

A) does not apply if there is proof the defendant took extreme precautions for the safety of others.
B) does not apply if there is proof the plaintiff took no precautions for his or her own safety.
C) applies only in manufactured products cases.
D) applies in cases of ultrahazardous activity.

Question 11

Employers

A) may not be held responsible for negligent acts of employees while they are on the job.
B) are generally responsible for negligent acts of employees while they are on the job.
C) are generally responsible for intentional torts of employees while they are on the job.
D) are generally responsible for negligent acts of employees then they are not on the job.

Question 12

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Strict liability is used when

A) a plaintiff is seeking exemplary damages.
B) the defendant engaged in ultrahazardous activity.
C) the defendant engaged in criminal activity that produced property damage.
D) none of the above.

Question 13

One who acts with reckless disregard despite constructive knowledge of the possibility of harm commits

A) an intentional tort.
B) negligence.
C) gross negligence.
D) a tort of strict liability.

Question 14

Constructive knowledge

A) applies only in cases of negligence originating in the construction industry.
B) applies to the one who allegedly caused the harm.
C) means the conditions actually known by the one who allegedly caused the harm.
D) None of the above.

Question 15

Last clear chance

A) is a defense to allegations of negligence.
B) is a defense to the defense of assumption of risk.
C) must be proved for a plaintiff to win a case based on strict liability.
D) None of the above.

Question 16

Employer's liability laws

A) disallow any suits against employers in the trial courts.
B) are exceptions to the general rules of actions based on workers' compensation laws.
C) were eliminated when workers' compensation laws were passed.
D) None of the above.

Question 17

Reasonable conduct may require

A) action.
B) nonaction.
C) implied knowledge.
D) all of the above.

Question 18

Tort law

A) originated in the United States.
B) originated in England.
C)originated in California.
D) originated in Mexico.

Question 19

Negligence requires

A) duty.
B) breach of standard of care.
C) compensable damage.
D) All of the above.

Question 20

A tort is not

A) a criminal action.
B) a breach of contract action.
C) an action with respect to a dispute over property ownership rights.
D) any of the above.

Question 21

Intentional torts require constructive knowledge of substantial certainty that conduct will produce injury.

Question 22

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A robber points a gun at a bank teller,and the fear of being shot causes the teller to have a heart attack

Question 23

The zone of danger and world at large theories are synonymous terms.

Question 24

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A company manufactures highly toxic chemicals

Question 25

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
An employer is required to pay the medical bills of a pedestrian who was struck by the employer's employee,who was driving the company vehicle on company time

Question 26

Damage must be documentable physical damage to the person or property of the plaintiff before a court will award monetary damages.

Question 27

Foreseeable results are those of which the defendant has constructive knowledge.

Question 28

The modern-day tort of trespass is the same as the original tort of trespass in England some 500 years ago.

Question 29

Assault in a criminal case is the same as the tort of assault.

Question 30

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A person with his back to the window is injured when he is struck by a baseball thrown by a nearby practicing team.He wants to sue for his injuries but can't prove how the accident happened because he didn't see it happen

Question 31

Res ipsa loquitur is applied in cases of intentional tort.

Question 32

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A person who is driving causes an accident by driving too fast for road conditions that suddenly developed

Question 33

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A person who is driving after drinking causes an accident by driving 40 miles per hour over the speed limit in the middle of a snowstorm on a heavily travelled road

Question 34

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A rock group fan goes to a concert at an arena that has festival seating (seats are not assigned and are first-come,first-served).The fan is trampled to death by the crowd

Question 35

In a case of negligence,the duty may have been to act or to refrain from acting,depending on the circumstances.

Question 36

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A student shoots a rubber band at a friend.Another person is struck in the eye and injured

Question 37

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
The building of a company that manufactures highly toxic chemicals is struck by lightning and the fumes escape into a nearby community.Resulting lawsuits use this theory

Question 38

Unlike negligence,intentional torts have the requirement of specific elements for specific situations.

Question 39

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A person goes swimming in a lake where there are also boats operating.The swimmer tries to avoid a boat but is struck when the boat doesn't change its course

Question 40

Employers are generally not responsible for intentional torts but may be responsible for negligence of employees on the job.

Question 41

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A widely read newspaper prints a story without first investigating the accuracy of the information.Because of the story,several persons' careers are irreparably damaged

Question 42

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
Any communication that is made to a third party that is false and lowers the third party's opinion about the person who is the subject of the communication

Question 43

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A former employer voluntarily contacts other potential employers and states that the former employee was fired for charges of theft.(These charges were never proven to be true.)

Question 44

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
An employer is responsible for the injuries of the employee at the worksite,regardless of the fact that the employer was not at fault

Question 45

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A plaintiff's suit against a defendant is dismissed because the plaintiff's own actions helped produce the injury

Question 46

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A doctor leaves a sponge in a patient's body during surgery

Question 47

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
The requirement that all persons act carefully after evaluating the potential risks of conduct

Question 48

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
The physical area that a reasonable person must evaluate when identifying all potential risks of the situation

Question 49

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A person acts even though she is aware that her action will almost certainly injure someone else

Question 50

Match the most appropriate term to the definition.
a.respondeat superior
b.comparative negligence
c.strict liability
d.workers' compensation
e.res ipsa loquitur
f.libel
g.negligence
h.slander
i.last clear chance
j.defamation
k.assumption of risk
l.assault
m.contributory negligence
n.battery
o.gross negligence
p.intentional tort
q.standard of care
r.zone of danger
s.ultrahazardous activity
t.transferred intent
A plaintiff's suit against a defendant is successful,but the verdict is cut in half because the plaintiff's own actions helped produce the injury