Question 1

Strict liability is liability without fault.

Accepted Answer

Strict liability holds individuals or entities responsible for damages or harm caused regardless of whether they acted negligently or intended to cause harm.

Question 2

Which of the following is not an element of negligence?&#10;A) duty to use due care&#10;B) intent&#10;C) damages&#10;D) causation&#10;E) breach

Accepted Answer

Intent is not an element of negligence. Negligence is defined as the failure to use reasonable care, resulting in damage or injury to another party. Intent, on the other hand, refers to the purposeful or deliberate action of a person.

Question 3

In general, injured workers cannot sue employers under:&#10;A) workers' compensation law&#10;B) tort law&#10;C) negligence&#10;D) peculiar risk doctrine&#10;E) assumption of the risk

Accepted Answer

B

Question 4

Contributory risk is a defense to negligence.

Accepted Answer

Contributory negligence is a defense to negligence, not contributory risk. Contributory negligence occurs when the plaintiff is also negligent and has contributed to their own harm.

Question 5

The two major defenses to intentional torts are consent and privilege.

Accepted Answer

Consent and privilege are commonly used as defenses to intentional torts. Consent occurs when the person who is harmed has given their voluntary agreement to the action that caused the harm. Privilege occurs when a person acts to protect their own interests or the interests of society, such as in cases of self-defense or defense of others.

Question 6

Intentional infliction of emotion distress causes:&#10;A) mental suffering&#10;B) general damages&#10;C) special damages&#10;D) negligence&#10;E) mental disorder

Accepted Answer

Intentional infliction of emotion distress is a tort in which a defendant intentionally causes severe emotional distress to the plaintiff. The key element in this tort is that the defendant’s conduct must be extreme and outrageous. As a result of this conduct, the plaintiff suffers mental suffering or emotional distress, including symptoms such as depression, anxiety, and post-traumatic stress disorder. Therefore, the best choice is A.

Question 7

Negligence is the failure to act as a reasonably prudent person would act under similar circumstances.

Accepted Answer

Negligence is defined as the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Therefore, negligence can be considered as the failure to act as a reasonably prudent person would act under similar circumstances.

Question 8

The law will not allow a person to escape liability for dangerous activities by simply:&#10;A) leaving the state&#10;B) hiring an independent contractor to perform for them&#10;C) declaring bankruptcy&#10;D) changing his or her procedures after an injury has occurred&#10;E) declaring that the injured person assumed the risk

Accepted Answer

Hiring an independent contractor to perform dangerous activities does not absolve the person who hired the contractor from liability. This is because the law recognizes that certain activities are inherently dangerous and those who engage in or are responsible for such activities cannot escape liability merely by delegating the tasks to another party.

Question 9

Punitive damages are also known as:&#10;A) special damages&#10;B) medical damages&#10;C) personal damages&#10;D) exemplary damages&#10;E) extraordinary damages

Accepted Answer

Punitive damages are also known as exemplary damages because they are meant to set an example or punish the wrongdoer for their behavior. They are different from compensatory damages, such as special or medical damages, which are meant to compensate the victim for their actual losses. Personal damages and extraordinary damages are not commonly used terms in the context of punitive damages.

Question 10

An intentional tort is one in which the party committing the tort intends to do the act knowing it will cause serious injury.

Accepted Answer

An intentional tort is one in which the party committing the tort intends to do the act, but the severity of the injury caused is not a determining factor.

Question 11

A cause of action is a legally recognized right to relief or damages.

Accepted Answer

The answer of A cause of action is a legally...

Question 12

Which of the following is not a defense to negligence?&#10;A) assumption of the risk&#10;B) contributory negligence&#10;C) comparative negligence&#10;D) immunity&#10;E) self defense

Accepted Answer

The answer of Which of the following is not a...

Question 13

Activities that give rise to strict liability are:&#10;A) driving a dangerous car&#10;B) engaging in an ultrahazardous activity&#10;C) fighting&#10;D) battery&#10;E) selling pharmaceuticals

Accepted Answer

The answer of Activities that give rise to strict liability...

Question 14

Filing an unjustified criminal complaint against an individual leads to the tort of:&#10;A) negligence&#10;B) civil-rights violation&#10;C) malicious prosecution&#10;D) slander per se&#10;E) fraud

Accepted Answer

The answer of Filing an unjustified criminal complaint against an...

Question 15

Res ipsa loquitur means&#10;A) breach of duty&#10;B) causation&#10;C) the things speaks for itself&#10;D) it is proven&#10;E) reasonably prudent person

Accepted Answer

The answer of Res ipsa loquitur means&#10;A) breach of duty&#10;B)...

Question 16

Personal injury practice deals with lawsuits for money damages for injuries that people have suffered.

Accepted Answer

The answer of Personal injury practice deals with lawsuits for...

Question 17

Defamation involves the unprivileged publication of a factual statement that is untrue and injurious or defamatory to a person's reputation.

Accepted Answer

The answer of Defamation involves the unprivileged publication of a...

Question 18

A tortfeasor is the injured person.

Accepted Answer

The answer of A tortfeasor is the injured person....

Question 19

Which of the following is not a type of negligence action?&#10;A) liability of landowners&#10;B) automobile accidents&#10;C) professional negligence&#10;D) intentional infliction of emotional distress&#10;E) defective products

Accepted Answer

The answer of Which of the following is not a...

Question 20

Vicarious liability is also known as respondeat superior.&#10;Multiple Choice

Accepted Answer

The answer of Vicarious liability is also known as respondeat...

Deck 7: Tort Law, Workers Compensation, and Environmental Law