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.

Accepted Answer

The law of negligence requires us to behave with due regard for the foreseeable consequences of our actions in order to avoid reasonable risks of injury, not the unforeseeable ones.

Question 2

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

Accepted Answer

The image of a baseball player may be considered a matter of public interest and therefore can be used without obtaining the player's written permission. However, there may be exceptions to this rule, such as if the image is being used for commercial purposes or if it portrays the player in a negative light.

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

Accepted Answer

The court held that the use of the spring gun was an intentional act meant to cause harm to trespassers, even if the defendant did not have the intention to harm the particular plaintiff. Therefore, the case involves intentional tort.

Question 4

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

Accepted Answer

Statements made during the course of judicial proceedings are typically protected by absolute privilege, meaning they cannot serve as the basis for a defamation lawsuit. This protection is designed to encourage open and honest communication in court without fear of legal retribution.

Question 5

Intentional torts result from carelessness.

Accepted Answer

Intentional torts result from intentional actions, not carelessness. Examples of intentional torts include assault, battery, false imprisonment, and intentional infliction of emotional distress.

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.

Accepted Answer

In Katko v. Briney, the court held that using a spring-gun capable of inflicting death or serious injury to protect an unoccupied property is not reasonable and violates the principle of self-defense. Therefore, property owners cannot do so.

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.

Accepted Answer

The answer of Which of the following is true about...

Question 8

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

Accepted Answer

The dismissal of a lawsuit does not necessarily prove that it was unwarranted. It could have been dismissed for procedural reasons, lack of evidence, or other factors unrelated to the merits of the case.

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.

Accepted Answer

In a civil tort suit, the judgment against the defendant is usually expressed in monetary terms as a way to compensate the victim for any harm or damages caused by the tort. Option A is incorrect because a conduct that is not twisted or crooked but straight cannot be considered a tort unless it results in harm or damages to another person. Option B is also incorrect because not all wrongs are considered torts under the law. Option C is incorrect because in a civil case, the tort victim brings the action against the defendant. Option D is incorrect because a tort is an act that causes harm or damages to an individual, not to the people as a whole.

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.

Accepted Answer

The "but for" event, also known as the causation element, is a necessary element in the plaintiff's case to prove negligence on the part of the defendant. It refers to the fact that the plaintiff must demonstrate that the harm suffered would not have occurred "but for" the defendant's breach of duty.

Question 11

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

Accepted Answer

In a strict liability case, the defendant can be held liable regardless of their level of fault or negligence. This type of liability is often applied in cases involving dangerous or defective products.

Question 12

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

Accepted Answer

Assault is the act of intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. It does not require physical contact or injury to occur; that would be battery.

Question 13

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

Accepted Answer

Tort law primarily focuses on the consequences of a defendant's actions and the harm caused, rather than the defendant's intent or reasons, which are more central in criminal law.

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.

Accepted Answer

A plaintiff who uses a product in an unexpected and unusual way will not normally recover for injuries caused by such misuse, as it is not the fault of the manufacturer that the product was used in a way that it was not intended. However, there are some exceptions, such as where the manufacturer failed to provide adequate warnings or instructions for how to use the product safely, or where the manufacturer could anticipate that the product would be used in an unexpected way and failed to design it to prevent injury in those circumstances.

Question 15

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

Accepted Answer

Compensatory damages are not taxable because they are intended to make the plaintiff whole for the injuries they have suffered.

Question 16

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

Accepted Answer

In a civil case, the plaintiff (which can be the tort victim or their family) brings the action, not the state prosecutor.

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.

Accepted Answer

Battery involves making contact with another person in a harmful or offensive manner. C) A person poking someone in the chest with his/her finger to emphasize a point is an example of battery because it involves physical contact that could be considered offensive or harmful.

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

Accepted Answer

Assumption of risk is 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. The plaintiff assumes the risk of injury by knowingly engaging in the hazardous activity.

Question 19

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

Accepted Answer

Generally, there is no legal duty to act in a situation if you are a stranger to it. However, there may be certain exceptions based on the circumstances, such as a legal duty to rescue in certain situations.

Question 20

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

Accepted Answer

The word "tort" is derived from the Latin word "tortum," which means twisted or wrong, indicating a wrongful act.

Quiz 7: Introduction to Tort Law