Deck 7: Introduction to Tort Law

Question 1

The law of negligence requires us to behave with due regard for the unforeseeable consequences of our actions in order to avoid reasonable risks of injury.

Answer 1

False

Question 2

A newsmagazine may use a baseball player's picture on its cover without first obtaining written permission.

Answer 2

True

Question 3

In Katko v.Briney,the plaintiff was injured by a spring gun while trespassing on the defendant's property.The court held that it was an)_____.

A)intentional tort
B)negligence per se
C)res ipsa loquitur
D)defamation
E)contract interference

Answer 3

A

Question 4

Statements made during the course of judicial proceedings can serve as a basis of a defamation suit.

Question 5

Intentional torts result from carelessness.

Question 6

In Katko v.Briney,the court held that a property owner cannot protect an unoccupied boarded-up farmhouse by using a spring-gun capable of inflicting death or serious injury.

Question 7

Which of the following is true about the dimensions of tort liability?

A)The law condemns every act that ultimately results in injury.
B)Most tort suits rely on intentional fault.
C)Since tort law focuses on injury to the plaintiff,it is more concerned than criminal law about the reasons for the defendant's actions.
D)The most obvious standard is willful conduct.
E)Tort law,including strict liability,relies on standards of fault,or blameworthiness.

Question 8

The mere dismissal of the original lawsuit against a plaintiff is sufficient proof that the suit was unwarranted.

Question 9

Which of the following is true in case of a tort?

A)A conduct that is not twisted or crooked but straight is a tort.
B)The law provides remedies for all "wrongs".
C)In a civil case,the state,not the tort victim,brings the action.
D)A tort is an act against the people as a whole.
E)The judgment against a defendant in a civil tort suit is usually expressed in monetary terms.

Question 10

The actual cause of negligence is sometimes called the "but for" event that is a breach of duty on the part of the defendant.

Question 11

In a strict liability case,the plaintiff does not need to show "fault" or negligence).

Question 12

Assault is unauthorized and harmful or offensive physical contact with another person that causes injury.

Question 13

Tort law is more concerned than criminal law about the reasons for a defendant's actions.

Question 14

Under product misuse,a plaintiff who uses a product in an unexpected and unusual way will recover for injuries caused by such misuse.

Question 15

If a plaintiff recovers $1 million as compensatory damages,he need not pay tax on the award.

Question 16

In a civil case,the tort victim or his family,not the state,brings the action.

Question 17

Which of the following is an example of a battery?

A)Pointing a loaded gun at a person.
B)Swinging a fist at someone without hitting him/her.
C)A person poking someone in the chest with his/her finger to emphasize a point.
D)Throwing an object at a person that causes a nearby person anxiety.
E)Tapping someone on the shoulder to ask a question.

Question 18

A defense to a plaintiff's action in tort where the plaintiff has knowingly and voluntarily entered into a hazardous activity which results in injury is known as _____.

A)causation in fact
B)assumption of risk
C)negligence of plaintiff
D)negligence per se
E)res ipsa loquitur

Question 19

The law imposes no obligation to act in a situation to which we are strangers.

Question 20

The word tort is derived from the French word tortum,which means twisted or crooked.

Question 21

Which of the following is a proximate cause?

A)The injuries to the plaintiff are too remote.
B)If an injury would not have occurred but for the defendant's conduct.
C)A cause that is foreseeable.
D)An event that is a breach of duty on the part of the defendant.
E)A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury.

Question 22

Explain in brief the various dimensions of tort.

Question 23

A New York statute makes it an)_____ to use the name,portrait,or picture of any person for advertising purposes or for the purposes of trade business)without first obtaining written consent.

A)quasi-criminal offence
B)absolute liability offence
C)misdemeanor
D)felony
E)infraction

Question 24

Which of the following statements about malicious prosecution is true?

A)All U.S.courts permit a suit for wrongful civil proceedings.
B)The criminal proceeding must terminate in the plaintiff's favor in order for his suit to be sustained.
C)It is the tort of causing someone to be prosecuted for a criminal act,knowing that there was probable cause to believe that the plaintiff committed the crime.
D)The defendant must show that the plaintiff acted with some purpose other than bringing the guilty to justice.
E)A mere complaint to the authorities is sufficient to establish the tort.

Question 25

In Lester v.Albers Super Markets,Inc.,which of the following reasons was held by the court for its decision?

A)The plaintiff stepped out of the line to put the can on the counter.
B)Several people witnessed the scene and the plaintiff was humiliated.
C)The store manager intercepted the plaintiff and demanded that she submit her bag.
D)There was no force or threat of any character.
E)The plaintiff suffered severe emotional distress as a result.

Question 26

In what ways can tortuous interference be established?

Question 27

A proximate cause _____.

A)is called the "but for" event
B)is any act that fails to meet the standard of a person's "duty of due care" toward others
C)creates a "presumption" that the defendant was negligent because he was in exclusive control of the situation
D)is also known as legal cause
E)is an act of the defendant that violates a "statute regulation"

Question 28

An "act of God," is sometimes called _____.

A)force majeure
B)respondeat superior.
C)estoppel
D)voir dire
E)res ipsa loquitur

Question 29

Identify the legal doctrine which states that the higher authority must respond to claims brought against one of its agents.

A)Estoppel
B)Respondeat superior
C)Res ipsa loquitur
D)Negligent entrustment
E)Proximate cause

Question 30

In Whitlock v.University of Denver,on what basis did the jury attribute 72 percent of the total damages amounting to $5,256,000 to the University?

A)Negligence per se
B)Punitive damages
C)Strict liability
D)Causal negligence
E)Contributory negligence

Question 31

In which of the following cases will a defendant be charged?

A)Claire's car had a broken indicator,but she did not have time to get it repaired.Lily borrowed the car,but Claire forgot to inform her about the indicator.While parking the car,Lily met with an accident.
B)Harry entered a lift,the entrance of which had a signboard saying that the lift was undergoing maintenance.The lift crashes and Harry is injured.
C)Sam and Tom went to a bar and Tom got drunk.Sam offered to drive back home but Tom refused; they met with an accident.
D)Tim sold a plot to George after getting it checked for pests.One day a rat wanders into the plot and bites into the main electricity wire leading to a short circuit.
E)Allen works at an explosives manufacturing factory as a nighttime security guard.One night the power went out;,Allen suspected someone was inside the factory.He lit a candle and went inside; the factory immediately exploded.

Question 32

Which of the following truly defines "res ipsa loquitur"?

A)It creates a presumption that the defendant engages in ultra-hazardous activities.
B)It means that the plaintiff would not have suffered injury but for someone's negligence.
C)It refers to a case where defective products create an unreasonable risk of injury to consumers or others.
D)It is an award of money damages to make the plaintiff whole.
E)It refers to actions of the defendant that violates an ordinance.