Deck 10: Torts Personal Injury and Compensation

Question 1

The most common arrangement for attorney fees in personal injury suits is

A) a retainer.
B) hourly rates.
C) a contingency fee.
D) fixed fee.

Answer 1

C

Question 2

Which of the following is most likely to be a tort action?

A) People v. Eichmann
B) State v. Manson
C) Ginsburg v. Rehnquist
D) Miranda v. Arizona

Answer 2

C

Question 3

When a professional is sued for negligence, it is commonly referred to as

A) misfeasance.
B) malpractice.
C) misappropriation.
D) malfeasance.

Answer 3

B

Question 4

The doctrine under which liability is apportioned among various companies according to their market share of a product is

A) comparative negligence.
B) contributory negligence.
C) enterprise liability.
D) proportional liability.

Question 5

In GoDaddy.com, LLC v. Toups , the court held that

A) the trial court should have entered judgment against the owners of two revenge porn websites .
B) the revenge porn victim had no legal basis for her lawsuit against the owners of two revenge porn websites .
C) the trial court was correct in denying GoDaddy's motion to dismiss the plaintiffs' claims on the basis that such claims are barred by section 230 of the Communications Decency Act.
D) the trial court should have granted GoDaddy's motion to dismiss the plaintiffs' claims on the basis that such claims are barred by section 230 of the Communications Decency Act.

Question 6

_______ establishes liability without the necessity of proving fault.

A) Negligence
B) Intent
C) Products liability
D) A prima facie tort

Question 7

Under _______, fault is apportioned; where the plaintiff is negligent as well as the defendant, the plaintiff's award is reduced by the plaintiff's percentage of fault.

A) comparative negligence
B) contributory negligence
C) assigned risk
D) exemption

Question 8

Which of the following is not an element of negligence?

A) Causation
B) Standard of care
C) Intent
D) Injury

Question 9

The _______ theory holds sellers responsible for the fitness for use of the products they sell.

A) implied warranty
B) express warranty
C) warranty in fact
D) warranty in use

Question 10

_______ losses are those that decrease the enjoyment of life.

A) Consortium
B) Distress
C) Hedonic
D) Intangible

Question 11

With intentional torts, _______ damages are sometimes awarded in addition to compensatory damages.

A) nonexemplary
B) money
C) nominal
D) punitive

Question 12

The basic purpose of insurance is to

A) encourage lawsuits.
B) pool risk.
C) reduce attorneys' fees.
D) avoid liability.

Question 13

_______ is used to create an inference of negligence, specifically a failure of due care, where it would appear that the injury would not have occurred without it.

A) The last clear chance doctrine
B) Contributory negligence theory
C) Res ipsa loquitur
D) Apparent malice theory

Question 14

_______ is a complete defense for a suit for negligence in states applying this principle.

A) Comparative negligence
B) Contributory negligence
C) Assigned risk
D) Exemption

Question 15

Under _______ liability theory, parties engaged in dangerous activities such as the use of explosives are liable regardless of fault.

A) absolute
B) hazard
C) implied
D) products

Question 16

The threat of physical injury gives rise to a suit for

A) battery.
B) slander.
C) assault.
D) defamation.

Question 17

The need to prove a fact in a trial may be avoided by a

A) motion to suppress.
B) stipulation.
C) waiver.
D) release.

Question 18

In Goggin v. New State Ballroom (dancer was injured in a crowded ballroom in Boston on St. Patrick's Day), the court held that

A) the ballroom was liable for negligently supervising the dance floor.
B) the ballroom was not liable because the dancer was dancing inappropriately.
C) without negligence, the ballroom is not liable for injuries caused by third parties to its patrons.
D) there was no liability because a person of ordinary intelligence could tell it was dangerous to be on the dance floor that night.

Question 19

Under doctrine of _______, an employer will be liable for the negligence of an employee committed while the employee is acting in the scope of his or her employment.

A) respondeat superior
B) res ipsa loquitur
C) workers' compensation
D) comparative negligence

Question 20

Rights and duties in tort, as opposed to contract, are established by

A) mutual agreement.
B) consent.
C) an exchange of promises.
D) law.

Question 21

In Izell v. Union Carbide Corporation , the court held that

A) both the compensatory damages and punitive damages awards were clearly excessive, considering that Mr. Izell was 85 at the time of the lawsuit.
B) it was improper for the jury to consider Union Carbide's net worth in deliberating on the punitive damages award.
C) the evidence was not sufficient to support the verdict, as well as the compensatory damage award of $30 million and punitive damage award of $6 million, against Union Carbide.
D) the evidence was sufficient to support the verdict, as well as the compensatory damage award of $30 million and punitive damage award of $6 million, against Union Carbide.

Question 22

In Spitsin v. WGM Transportation, Inc . , the court held that

A) an employer can never be vicariously liable under the doctrine of respondeat superior for intentional acts of an employee.
B) it would follow the general rule of law that when an act is done in the course of one's employment, the employer will not ordinarily be excused from liability, although the employee abused his authority and thereby inflicted injury upon another.
C) Johnson was operating within the scope of Johnson's employment with WGM in attempting to collect the fare from Spitsin; consequently, the trial court erred in finding as a matter of law that Spitsin had failed to state a claim upon which relief could be granted for vicarious liability against WGM.
D) the force employed by Johnson could not fairly be said to have occurred within the scope of Johnson's employment with WGM; consequently, the trial court did not err in finding as a matter of law that Spitsin had failed to state a claim upon which relief could be granted for vicarious liability against WGM.

Question 23

In Cawley v. Eastman Outdoors, Inc . , the court

A) found that Cawley was negligent in using the arrows for 2 years prior to the incident and entered summary judgment for Eastman Outdoors on all claims.
B) found that Cawley was improperly using the arrows and thus could collect nothing against Eastman Outdoors.
C) took judicial notice of the defective carbon used in manufacturing the arrows and entered summary judgment for Cawley.
D) granted the defendant's motion for summary judgment on the design defect, inadequate warning, and failure to conform to representations claims and denied the defendant's motion for summary judgment on the manufacturing defect claim.