Reference no: EM132223538

1. 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.

2. 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.

3. 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

4. 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.

5. 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.

6. A New York statute makes it a(n) _____ 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

7. 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.

8. 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.

9. 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

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

a. force majeure

b. respondeat superior.

c. estoppel

d. voir dire

e. res ipsa loquitur

11. 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"

12. 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.

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

True

False

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

True

False

15. Intentional torts result from carelessness.

True

False