Test
LS100: Chapter 7 Practice Quiz
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Preguntas del test (34)
1What is a tort?
- AA kind of cake.
- BA civil wrong.
- CA type of law.
- DA sanction for unethical attorneys.
2The injury involved in a tort can be a physical injury, emotional distress, or damage to one’s reputation or business. It can also be property damage.
- AVerdadero
- BFalso
3Check all that relate to punitive damages.
- AInvolve jail time.
- BIntended to punish the tortfeasor for the wrongdoing.
- CAre very minimal.
- DAlso known as exemplary damages.
4There are four different types of torts.
- AVerdadero
- BFalso
5What is a cause of action?
- AThe underlying causation of the accident.
- BA legally recognized right to relief or damages.
- CThe type of injury suffered by the plaintiff.
- DThe action that caused the injury.
6Check all that apply to intentional torts.
- ATort in which the party committing the tort intends to do the act, knowing it will cause an injury.
- BDid not exist at common law.
- CCommon law examples include: assault, battery, false imprisonment, defamation, invasion of privacy, intentional infliction of emotional distress, misrepresentation, conversion, and trespass.
- DStatutory examples include: sexual harassment, civil rights violations, and a series of business torts.
- EAre never also considered crimes.
7False imprisonment occurs when a plaintiff is convicted and jailed but later found to be innocent.
- AVerdadero
- BFalso
8A false arrest is a type of false imprisonment in which the confinement or restraint is done by one claiming the authority to make a lawful arrest.
- AVerdadero
- BFalso
9The shopkeeper’s privilege means that a business can make a reasonable detention and investigation if they have reasonable grounds to believe that someone has shoplifted.
- AVerdadero
- BFalso
10Libel and slander are really two different names for the same tort.
- AVerdadero
- BFalso
11Invasion of privacy is a type of tort.
- AVerdadero
- BFalso
12Check all that apply to the Intentional infliction of emotional distress.
- AIntentional and outrageous conduct that causes mental suffering.
- BNo damages are ever awarded for this.
- CCourts have always been reluctant to recognize this tort, primarily because of the possibility of abuse and false claims.
- DRequires outrageous conduct that is intentional or at least reckless.
- E Associated with the mental suffering resulting from intentional mishandling of dead bodies, outrageous and cruel collection tactics, and insurance company tactics in refusing to pay benefits that are due, and most recently, with harassment in the workplace because of sex, age, race, or sexual orientation.
13Malicious prosecution can apply to both criminal and civil prosecutions.
- AVerdadero
- BFalso
14What are some business torts? (Check all that apply)
- ASlander of title
- Bintentional infliction of emotional distress
- CTrade libel
- Dinducing a breach of contract
- Enegligence
- Finterference with prospective economic advantage
15Trespass is a tort against personal property, whereas conversion is a tort against real property.
- AVerdadero
- BFalso
16Intellectual property means the information is protected by the attorney-client privilege.
- AVerdadero
- BFalso
17Improper interference in the intellectual property rights of another.
- AWhat is "annoying"?
- BWhat is "infringement"?
- CWhat is "stealing"?
- DWhat is "larceny"?
18Is fraud a contract issue or a tort issue?
- ATort
- BContract
19Fraud requires (Check all that apply):
- Athat the misrepresentation be as to a matter of fact, not opinion
- Bthat the victim is angered by the fraud
- Cthat the victim is a minor
- Dthat the statement be knowingly false and be made with the intent to deceive.
- Ethat he person to whom the misrepresentation is made justifiably relies on the statement.
- Fdamages.
20What are the two major defenses to intentional torts? (Check all that apply)
- AConsent
- BFraud
- Cmistake
- Dprivilege
21Negligence is: 1) the name given to a tort and 2) also used in its everyday meaning of “carelessness.”
- AVerdadero
- BFalso
22Negligence consists of the following:
1. The tortfeasor was under a duty to use due care.
2. The tortfeasor breached that duty of due care.
3. The tortfeasor’s act was the actual cause of injuries or damages.
4. The tortfeasor’s act was the proximate cause of injuries or damages.
5. Damages were incurred.- AVerdadero
- BFalso
23The breach of the duty of due care is the negligent or careless act.
- AVerdadero
- BFalso
24Res ipsa loquitur means:
- AThere was no negligence.
- BAnyone would know there was negligence or a breach of duty from the fact that the incident occurred.
- CThere is a duty to act.
- DThe thing speaks for itself.
25When does negligence per se apply?
- AWhen the plaintiff is pro se.
- B If the tortfeasor’s act is also a violation of a statute
- CIf the plaintiff only suffered a financial injury.
- DIf the plaintiff only suffered a physical injury.
26Damages: (Check all that apply)
- ADo not have to be based upon anything-can be arbitrary.
- Bare a required element of the tort of negligence.
- Cserve to compensate the tortfeasor.
- Dcan compensate for emotional injury.
- EProving them often involves reviewing medical records and reports.
27Check all that apply to the term "premises liability":
- A the negligent or careless maintenance of one’s real property.
- Bcar accident
- Cslip and fall accidents
- Dintentional infliction of emotional distress
28A business invitee is someone invited onto the property for a business purpose. A licensee is generally a social guest, even though he or she might be invited. A trespasser is one who is not legally on the premises. The highest duty of due care is owed to the trespasser and the lowest duty of due care to the business invitee.
- AVerdadero
- BFalso
29Lawyers can never face liability for professional negligence.
- AVerdadero
- BFalso
30The term product liability is used to describe lawsuits based on defective products.
- AVerdadero
- BFalso
31Loss of consortium is never the basis of a negligence action.
- AVerdadero
- BFalso
32What are some defenses to negligence? (Check all that apply)
- AMistake
- BMinority
- Ccontributory negligence
- Dimpossibility
- E comparative negligence
- Fassumption of the risk
33The activities that give rise to strict liability are (1) maintaining a dangerous animal, (2) engaging in an abnormally dangerous activity, and (3) manufacturing or distributing a defective product.
- AVerdadero
- BFalso
34Dynamiting is an example of an abnormally dangerous activity in which people are sometimes injured, even when the person engaging in the activity is very careful. In imposing liability in these circumstances, the law shows that compensating injured persons is simply a cost of doing business.
- AVerdadero
- BFalso
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