Deck 1: Introduction to Torts and Legal Analysis

Question 1

Parties to a dispute who opt for alternate dispute resolution instead of a formal court trial

A) cannot choose to have a trial if the alternative dispute resolution is unsuccessful.
B) avoid a costly court proceeding.
C) have their dispute be a matter of public record.
D) air their dispute in front of a jury.

Answer 1

C

Question 2

In arbitration, a dispute is resolved by a person other than a judge, and the decision is binding.

Answer 2

True

Question 3

A lawsuit can be settled

A) after the complaint is served.
B) before the answer is served.
C) during discovery.
D) All of these choices.

Answer 3

D

Question 4

Tort analysis should go from the general to the specific.

Question 5

The public policy objectives served by tort law include

A) protecting persons and property from unjust injury.
B) allocating losses among different participants in the social arena.
C) encouraging minimum standards of social conduct.
D) All of these choices.

Question 6

Parties to a lawsuit cannot be required by the judge to try alternative dispute resolution in an effort to settle their dispute.

Question 7

Negligence is defined as

A) failure to exercise reasonable care to avoid injuring others.
B) liability regardless of fault or intent.
C) failure to exercise all possible care to avoid injuring others.
D) None of these choices.

Question 8

An example of an affirmative defense is to claim that the statute of limitations has elapsed.

Question 9

Strict liability is the tortfeasor's responsibility regardless of fault, but negligence must be proven.

Question 10

All of the following are intentional torts except

A) battery.
B) fraud.
C) defamation.
D) negligence.

Question 11

An example of strict liability is

A) battery.
B) products liability.
C) conversion .
D) slander.

Question 12

A tort is

A) a French pastry.
B) a wrongful injury to a person or a person's property.
C) a disagreement between two litigants.
D) a part of contract law.

Question 13

Discovery is the stage in a civil proceeding where the

A) defendant responds to the complaint.
B) summons is served.
C) parties exchange information and narrow the issues.
D) defendant tries to collect on a judgment.

Question 14

The first pleading filed by the defendant in a lawsuit is the complaint.

Question 15

Intent to do harm is required for negligence.

Question 16

Tort law is largely composed of minimum standards of conduct.

Question 17

The first pleading filed in a civil lawsuit, which contains the statement of wrong done to the plaintiff, is called the

A) answer.
B) discovery.
C) complaint.
D) motion.

Question 18

Tort law is a combination of English and American common law, plus statutory law.

Question 19

To prove that intentional tort has been committed, the plaintiff does not have to prove actual harm.

Question 20

The person committing a tort is called

A) the tortfeaser.
B) the tortor.
C) the defendant .
D) the plaintiff.

Question 21

When a defendant brings a claim against the plaintiff, this is called

A) a complaint.
B) an answer.
C) a claim
D) a counter-claim.

Question 22

Which of the following is not an element of the analytical framework known as IRAC?

A) Issue
B) Rules of law
C) Application of the rules to the facts
D) Cause

Question 23

In a summary jury trial, all of the following are true except

A) the parties decide in advance if the decision is binding.
B) the parties can use the jury's advice to aid in settlement negotiations.
C) the attorneys are not required to follow the rules of evidence and procedure followed in a court trial.
D) None of these choices.

Question 24

The pretrial conference occurs after

A) discovery.
B) the trial date has been set.
C) the complaint has been served.
D) the jury has been selected.

Question 25

When a lawsuit is decided by someone other than a judge, and the decision is binding, the procedure is called

A) negotiation .
B) arbitration.
C) mediation .
D) None of these choices.