LS100: Chapter 7 Practice Quiz

Question 1 of 34

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What is a tort?

Select one of the following:

  • A kind of cake.

  • A civil wrong.

  • A type of law.

  • A sanction for unethical attorneys.

Question 2 of 34

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The 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.

Select one of the following:

  • True
  • False

Question 3 of 34

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Check all that relate to punitive damages.

Select one or more of the following:

  • Involve jail time.

  • Intended to punish the tortfeasor for the wrongdoing.

  • Are very minimal.

  • Also known as exemplary damages.

Question 4 of 34

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There are four different types of torts.

Select one of the following:

  • True
  • False

Question 5 of 34

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What is a cause of action?

Select one of the following:

  • The underlying causation of the accident.

  • A legally recognized right to relief or damages.

  • The type of injury suffered by the plaintiff.

  • The action that caused the injury.

Question 6 of 34

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Check all that apply to intentional torts.

Select one or more of the following:

  • Tort in which the party committing the tort intends to do the act, knowing it will cause an injury.

  • Did not exist at common law.

  • Common law examples include: assault, battery, false imprisonment, defamation, invasion of privacy, intentional infliction of emotional distress, misrepresentation, conversion, and trespass.

  • Statutory examples include: sexual harassment, civil rights violations, and a series of business torts.

  • Are never also considered crimes.

Question 7 of 34

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False imprisonment occurs when a plaintiff is convicted and jailed but later found to be innocent.

Select one of the following:

  • True
  • False

Question 8 of 34

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A 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.

Select one of the following:

  • True
  • False

Question 9 of 34

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The 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.

Select one of the following:

  • True
  • False

Question 10 of 34

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Libel and slander are really two different names for the same tort.

Select one of the following:

  • True
  • False

Question 11 of 34

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Invasion of privacy is a type of tort.

Select one of the following:

  • True
  • False

Question 12 of 34

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Check all that apply to the Intentional infliction of emotional distress.

Select one or more of the following:

  • Intentional and outrageous conduct that causes mental suffering.

  • No damages are ever awarded for this.

  • Courts have always been reluctant to recognize this tort, primarily because of the possibility of abuse and false claims.

  • Requires outrageous conduct that is intentional or at least reckless.

  • 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.

Question 13 of 34

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Malicious prosecution can apply to both criminal and civil prosecutions.

Select one of the following:

  • True
  • False

Question 14 of 34

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What are some business torts? (Check all that apply)

Select one or more of the following:

  • Slander of title

  • intentional infliction of emotional distress

  • Trade libel

  • inducing a breach of contract

  • negligence

  • interference with prospective economic advantage

Question 15 of 34

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Trespass is a tort against personal property, whereas conversion is a tort against real property.

Select one of the following:

  • True
  • False

Question 16 of 34

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Intellectual property means the information is protected by the attorney-client privilege.

Select one of the following:

  • True
  • False

Question 17 of 34

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Improper interference in the intellectual property rights of another.

Select one of the following:

  • What is "annoying"?

  • What is "infringement"?

  • What is "stealing"?

  • What is "larceny"?

Question 18 of 34

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Is fraud a contract issue or a tort issue?

Select one of the following:

  • Tort

  • Contract

Question 19 of 34

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Fraud requires (Check all that apply):

Select one or more of the following:

  • that the misrepresentation be as to a matter of fact, not opinion

  • that the victim is angered by the fraud

  • that the victim is a minor

  • that the statement be knowingly false and be made with the intent to deceive.

  • that he person to whom the misrepresentation is made justifiably relies on the statement.

  • damages.

Question 20 of 34

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What are the two major defenses to intentional torts? (Check all that apply)

Select one or more of the following:

  • Consent

  • Fraud

  • mistake

  • privilege

Question 21 of 34

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Negligence is: 1) the name given to a tort and 2) also used in its everyday meaning of “carelessness.”

Select one of the following:

  • True
  • False

Question 22 of 34

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Negligence 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.

Select one of the following:

  • True
  • False

Question 23 of 34

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The breach of the duty of due care is the negligent or careless act.

Select one of the following:

  • True
  • False

Question 24 of 34

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Res ipsa loquitur means:

Select one or more of the following:

  • There was no negligence.

  • Anyone would know there was negligence or a breach of duty from the fact that the incident occurred.

  • There is a duty to act.

  • The thing speaks for itself.

Question 25 of 34

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When does negligence per se apply?

Select one of the following:

  • When the plaintiff is pro se.

  • If the tortfeasor’s act is also a violation of a statute

  • If the plaintiff only suffered a financial injury.

  • If the plaintiff only suffered a physical injury.

Question 26 of 34

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Damages: (Check all that apply)

Select one or more of the following:

  • Do not have to be based upon anything-can be arbitrary.

  • are a required element of the tort of negligence.

  • serve to compensate the tortfeasor.

  • can compensate for emotional injury.

  • Proving them often involves reviewing medical records and reports.

Question 27 of 34

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Check all that apply to the term "premises liability":

Select one or more of the following:

  • the negligent or careless maintenance of one’s real property.

  • car accident

  • slip and fall accidents

  • intentional infliction of emotional distress

Question 28 of 34

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A 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.

Select one of the following:

  • True
  • False

Question 29 of 34

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Lawyers can never face liability for professional negligence.

Select one of the following:

  • True
  • False

Question 30 of 34

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The term product liability is used to describe lawsuits based on defective products.

Select one of the following:

  • True
  • False

Question 31 of 34

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Loss of consortium is never the basis of a negligence action.

Select one of the following:

  • True
  • False

Question 32 of 34

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What are some defenses to negligence? (Check all that apply)

Select one or more of the following:

  • Mistake

  • Minority

  • contributory negligence

  • impossibility

  • comparative negligence

  • assumption of the risk

Question 33 of 34

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The 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.

Select one of the following:

  • True
  • False

Question 34 of 34

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Dynamiting 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.

Select one of the following:

  • True
  • False
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LS100: Chapter 7 Practice Quiz

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Quiz by , created almost 2 years ago

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