Deck 13: Tort Immunities

Question 1

Most courts grant absolute immunity to children of tender years for their negligent actions.

Answer 1

False

Question 2

Governmental actions are those that

A) governments perform when they provide certain public protection services.
B) are business-like activities engaged in by the government.
C) are not immune from tort liability.
D) All of these choices.

Answer 2

A

Question 3

All public officials are immune from torts.

Answer 3

False

Question 4

In many jurisdictions, children of tender years can be held liable for their negligent behavior.

Question 5

The governmental/proprietary distinction is used by some courts in cases involving

A) sovereign immunity.
B) products liability.
C) public nuisance.
D) intentional torts.

Question 6

Governmental functions often include public provision of police, fire, and ambulance services.

Question 7

Proprietary actions are those that

A) are not immune from tort liability.
B) are business-like activities engaged in by the government.
C) often include the provision of utility services.
D) All of these choices.

Question 8

Under the pecuniary benefit test, governments provide services for profit but are immune from tort liability.

Question 9

Which of the following tests is sometimes applied to distinguish governmental from proprietary activities?

A) Reasonable person standard
B) Fee standard
C) Pecuniary standard
D) None of these choices.

Question 10

Which of the following best illustrates the successful use of public official immunity?

A) Superior Court Judge Winston was sued for trespass to land by his neighbor, Mr. Hoffmann, who claimed that the judge entered his property and cut a dozen roses from Mr. Hoffmann's prize-winning rose bushes.
B) Mayor Teresa Kalb was arrested for driving under the influence of alcohol.
C) State legislator Megan O'Shea stated during a committee hearing on her bill that members of a lobby group, Defenders of Decency (DOD), which opposed her bill, were "just another bunch of extremists trying to grab the spotlight." DOD sued O'Shea for defamation.
D) All of these choices.

Question 11

Governments are immune from tort liability for proprietary actions.

Question 12

Statutes of limitations can provide absolute tort immunity for a defendant if a plaintiff does not file his or her lawsuit within a certain time period.

Question 13

Which of the following is the best illustration of governmental immunity?

A) The county's failure to provide 911 emergency telephone dispatch service between the hours of midnight and 6:00 a.m,
B) The city police beating up a suspect in the street
C) The state police stopping only out-of-state drivers for traffic violations
D) The county prosecutor offering reduced sentencing to criminal defendants in exchange for stolen goods

Question 14

Which public officials are usually given absolute immunity from tort liability while performing their public duties?

A) Legislators and politicians
B) Judges and legislators
C) Judges and police
D) All governmental employees

Question 15

Most states still follow the common-law rule that children of tender years are immune from intentional tort liability.

Question 16

Which of the following allows private parties to sue the United States in federal court?

A) 42 U.S.C. § 1983
B) U.S. Constitution
C) Bill of Rights
D) Federal Tort Claims Act

Question 17

Efforts at tort reform are being spearheaded by

A) trial lawyers.
B) legislators.
C) the defense bar.
D) the American Bar Association.

Question 18

If the government charges a fee for a service, the activity is usually considered governmental.

Question 19

Which of the following is not one of the recent tort trends?

A) Off-label use of drugs
B) Veterinary malpractice
C) Slip-and-fall cases
D) Cyber-squatting

Question 20

Over the past twenty years, many state courts and legislatures have abolished or significantly limited sovereign immunity.

Question 21

The family immunity doctrine covers

A) brothers and sisters.
B) cousins.
C) parents and children.
D) All of these choices.

Question 22

As a result of workers' compensation statutes,

A) employers are immune from most employee suits.
B) employees are provided a means for bringing lawsuits against their employers.
C) employees are provided supplemental insurance.
D) None of these choices.

Question 23

In negligence cases, a young child's age

A) makes it impossible for the child to be considered negligent.
B) is only one factor considered by most courts regarding the child's negligence.
C) is irrelevant to negligence.
D) makes the child absolutely immune from intentional torts.

Question 24

"The king can do no wrong" refers to

A) public nuisances.
B) negligence per se.
C) sovereign immunity.
D) statutes of limitations.

Question 25

Which of the following best illustrates the immunity extended to children of tender years?

A) Doug, age 10, throws a ninja sword at Colleen, age 6, injuring her leg.
B) Gunner, age 9, shoots a BB gun at Bryce, age 11, wounding his chest.
C) Madison, age 2½, hits Tristan, age 5, in the head with a frying pan.
D) All of these choices.