Chapter 6 Torts & Strict Liability QUIZ

 

1. Jeff is walking down the street, and is attacked by Tom. Tom hits Jeff with a baseball bat and steals his wallet. Which of the following legal actions may be brought against Tom?
a. a tort lawsuit
b. a criminal lawsuit
c. either a tort suit or a criminal suit, but not both
d. both a tort and a criminal lawsuit

2. In the locker room, Biff playfully shoves Chad, not intending to injure him. Chad falls into a locker and breaks his arm. Has Biff committed an intentional tort?

a. yes, because Chad was injured
b. yes, because he meant to shove Chad
c. no, because he did not intend to break Chad's arm
d. no, because he did not intend to harm Chad at all

3. In the locker room, Biff trips over a towel and falls on Chad, breaking Chad's arm. Has Biff committed an intentional tort?

a. yes, because Chad was injured
b. yes, because he meant to walk near Chad
c. no, because he did not intend to break Chad's arm
d. no, because he did not intent to contact Chad at all

4. In the locker room, Biff sneaks up behind Chad and shoves Chad into a locker. Chad's arm is broken. Biff has committed the intentional tort(s) of

a. assault.
b. battery.
c. assault and battery.
d. none of the above.

5. Bill brings a defamation suit against John. Bill proves that defamation occurred, but is unable to show any monetary loss resulting from the defamation. Bill will be able to recover damages if his suit was a(n)

a. ordinary slander lawsuit only.
b. ordinary libel lawsuit only.
c. either a slander or a libel suit.
d. neither a slander nor a libel suit.

6. Tom wants to keep Melanie from leaving a room. Which of the following statements would amount to false imprisonment?

a. "If you leave, I'll kill you."
b. "If you leave, I'll tell your husband about your affair."
c. "If you leave, I'll kill you next Tuesday."
d. all of the above

7. Which of the following are situation(s) in which an exception to normal defamation rules exists?

a. cases involving celebrities
b. cases involving judges' conduct during trials
c. cases involving legislators' conduct during debate
d. all of the above

8. Deion plays free safety for the Dallas Cowboys. Jerry plays wide receiver for the San Francisco Forty Niners. During a game, Jerry catches a pass, and heads for the end zone full steam. Only Deion stands in his way. Jerry squares his shoulders and hits Deion square between the numbers. Deion is thrown backward 20 yards, where he vomits up a kidney. Later, Deion sues Jerry for battery. What defense, if any, can Jerry raise in this case?

a. consent
b. self-defense
c. defense of others
d. none of the above

9. Telly writes in his personal diary, which he never allows anyone to read, "Dear Diary, I saw Joan smoking crack today." Joan has never smoked crack. What kind of defamation has he committed?

a. libel
b. slander
c. both libel and slander
d. neither libel nor slander

10. Which of the following cases involve appropriation?

a. Sports Illustrated writes an article on Troy Aikman without his consent.
b. Time puts a photo of Troy Aikman kissing his girlfriend on page 27 without his consent.
c. A sandwich shop advertises its sandwiches as "Troy's favorite" without his consent.
d. both B and C

11. Slick Rick sells cars, and always stretches the truth when he thinks it will help him make a sale. Which of the following statements by Rick about a rusty 1970 Pinto amount to fraud?

a. "It's the best car you'll ever own."
b. "It runs like a dream."
c. "It's a 1973 model."
d. all of the above

12. Leslie shoots a gun towards Al's land. The bullet passes over the land at a height of two meters without harming the land or anything on it, and buries itself in a tree on the other side of Al's property. Has Leslie committed a trespass against Al?

a. yes, because she engaged in a dangerous activity
b. yes, because the bullet traveled over Al's land near the surface
c. no, because she herself did not touch his land
d. no, because neither she nor the bullet touched his land

13. Carl is a clerk at Stop n' Go. He steals $100 from the cash register. Stop n' Go brings a civil lawsuit against him. What will be the tort at issue in this case?

a. larceny
b. burglary
c. embezzlement
d. conversion

14. You are serving on a jury in a negligence case in which the defendant dropped a bowling ball on the plaintiff's foot. You should vote to hold the defendant liable only if you believe

a. there is a better than even chance the defendant acted reasonably.
b. there is a better than even chance the defendant acted unreasonably.
c. there is a less than even chance the defendant acted unreasonably.
d. none of the above

15. To what standard does the law hold a doctor in a negligence suit?

a. a reasonable person
b. a reasonable doctor
c. a reasonable professional
d. none of the above

16. Jerry is sitting on a dock. He notices a baby carriage slowly rolling towards the shark-infested waters. To stop the carriage, he need only stick out his little finger. Jerry has a(n) _______________ duty to save the baby.

a. legal
b. ethical
c. legal and ethical
d. neither legal nor ethical

17. What types of damages are available in a tort suit?

a. fines
b. compensatory damages
c. punitive damages
d. both B and C

18. Mel robs a liquor store, and shoots the clerk with a Smith and Wesson revolver. Which of the following people is a cause-in-fact of the clerk being shot?

a. Mel
b. Smith & Wesson
c. Mel's Mother
d. all of the above

19. Mel robs a liquor store, and shoots the clerk with a Smith & Wesson revolver. Which of the following people is a proximate cause of the clerk being shot?

a. Mel
b. Smith & Wesson
c. Mel's Mother
d. all of the above

20. Alice was in a car wreck with Betty. Alice sues, seeking $10,000. The jury finds that Alice was 20% at fault in the accident, and Betty was 80% at fault. How much will Alice recover if the court follows a pure comparative negligence system?

a. $0
b. $5,000
c. $8,000
d. $10,000

21. Alice was in a car wreck with Betty. Alice sues, seeking $10,000. The jury finds that Alice was 20% at fault in the accident, and Betty was 80% at fault. How much will Alice recover if the court follows a comparative negligence system with the "50% rule"?

a. $0
b. $5,000
c. $8,000
d. $10,000

22. Alice was in a car wreck with Betty. Alice sues, seeking $10,000. The jury finds that Alice was 20% at fault in the accident, and Betty was 80% at fault. How much will Alice recover if the court follows a contributory negligence system?

a. $0
b. $5,000
c. $8,000
d. $10,000

23. Jane works at a meat processing plant. A state law requires such plants to have automatic shut off switches available to each worker. Jane's plant does not have the switches. She is injured on the job, and could have been saved if a switch had been in place. Which of the following is her best legal theory in this case?

a. negligence
b. negligence per se
c. res ipsa loquitur
d. the clear and present danger theory

24. Abel pushes Manny into the street. Joe sees this, and runs into the street to rescue Manny. Both Joe and Manny are hit by a passing truck. For which injuries will Abel be liable?

a. Manny's
b. Joe's
c. both Manny's and Joe's
d. none of the above

25. Bill keeps a tiger in his back yard. One night, the tiger get loose and eats a little girl. In which of the following situations will Bill be held liable?

a. The tiger was let loose by a kid as a joke.
b. Bill forgot to close his gate.
c. The little girl came into Bill's back yard
d. all of the above