Purdue PA165 All Quizzes Latest 2019 December

PA165 Introduction to Torts

Unit 1 Quiz

Question 1 Which of the following is NOT one of the broad categories of tort law?

Question options:

Negligence

Intentional torts

Breach of contract

Strict liability

Question 2 American tort law traces its origin to which country?

Question options:

Spain

England

Italy

Canada

Question 3 What is the first main paper filed in a civil lawsuit?

Question options:

Complaint

Answer

Motion to dismiss

Interrogatories

Question 4 What type of alternative dispute resolution involves resolution of a dispute by a person other than a

judge whose decision is binding?

Question options:

Summary jury trial

Arbitration

Mediation

Mini-trial

Question 5 What type of alternative dispute resolution involves using outside help in settling a dispute where a neutral third party tries to persuade the parties to reach a settlement?

Question options:

Summary jury trial

Arbitration

Mediation

Mini-trial

Question 6 What is the first pleading filed by the defendant in a lawsuit?

Question options:

Complaint

Answer

Service of process

Interrogatories

Question 7 Which step in a civil case involves the formal and informal exchange of information between two sides in a lawsuit?

Question options:

Discovery

Filing of pleadings

Trial

Post-trial procedures

Question 8 Which of the following is NOT one of the underlying tort principles?

Question options:

Protecting persons and property from unjust injury by providing legally enforceable rights

Punishing violators of the law through imprisonment

Compensating victims by holding accountable those persons responsible for causing

such harms

Encouraging minimum standards of social conduct among society’s members

 

PA165 Introduction to Torts

Unit 2 Quiz

Question 1 All of the following are intentional torts except

Question options:

All of the above are intentional torts.

Defamation.

Fraud.

Negligence.

Battery.

Question 2

Which of the following is not an example of confinement, an element of false imprisonment?

Question options:

Placing the victim in the back seat of an automobile, with all doors unlocked, driving at 75 m.p.h. on the interstate.

Posting a sign outside a store’s shoplifter detention area reading, “WARNING! ATTACK DOGS AWAIT OUTSIDE THIS ROOM!”

Telling the victim that if he or she leaves the premises, the victim will be beaten up.

Placing armed guards outside the victim’s apartment while the victim is asleep.

Locking the victim in a room with one door and no windows.

Question 3 In both intentional and reckless infliction of emotional distress, the victim must suffer severe mental anguish.

Question options:

                True

                False

Question 4 Intentional torts may be best defined as

Question options:

None of the above.

Behavior that is also criminal.

Conduct for which the defendant is liable regardless of fault or intent.

Conduct that is fashioned to harm another person or his or her property.

The failure to exercise reasonable care.

Question 5 Transferred intent is a principle associated with which intentional tort?

Question options:

Assault.

False imprisonment.

Intentional infliction of emotional distress.

Battery.

None of the above.

Question 6 False imprisonment occurs even if the tortfeasor did not intend to confine the victim.

Question options:

                True

                False

Question 7 Assault is best defined as

Question options:

None of the above.

All of the above.

A breach of the king’s peace.

Unconsented physical contact.

Battery.

Question 8 What best distinguishes assault from battery in tort law?

Question options:

None of the above.

Battery requires physical contact, and assault does not.

Assault requires physical contact, and battery does not.

The courts interpret the common law.

The legislature passes a statute.

Question 9 Which of the following is the best example of intentional infliction of emotional distress?

Question options:

None of the above.

Spitting on a crowded sidewalk.

Calling a friend during an important business meeting to inform him or her of a nonexistent “family emergency.”

Shouting obscenities at a basketball official in an arena seating 10,000 fans.

Setting fire to a wastebasket in an empty classroom.

Question 10 In infliction of emotional distress cases, ordinary sensibilities is best defined as

Question options:

None of the above.

A tortfeasor’s state of mind in causing emotional distress.

When a reasonable person suffers physical symptoms from mental anguish.

A reasonable person’s fear of an imminent battery.

Whether or not a reasonable person would suffer emotional distress as a result of the tortfeasor’s actions.

 

PA165 Introduction to Torts

Unit 3 Quiz

Question 1 Commercial disparagement involves false statements about a person’s business, goods, or services.

Question options:

                True

                False

Question 2 Trespass to chattel is similar to conversion.

Question options:

                True

                False

Question 3 Self-defense is the exercise of reasonable force to repel an attack upon one’s person or to avoid confinement.

Question options:

                True

                False

Question 4 Consent is a defense to all intentional torts.

Question options:

                True

                False

Question 5 Slander of title involves which of the following activity(ies)?

Question options:

Making false statements about the quality of a business’s goods.

Making false statements about the quality of a business’s services.

Making false statements about a business’s reputation.

All of the above.

None of the above.

Question 6 Which example best illustrates conversion?

Question options:

Taking someone else’s bicycle from a parking rack and riding it across town.

Stepping into a store after closing hours.

Having an overdue library book checked out in your name.

Parking your car in a no-parking zone.

None of the above.

Question 7 In slander of title, the term publication means

Question options:

Appearing in a newspaper or magazine.

Communication to third parties.

Recording a deed at the county recorder’s office.

Filing a lien against real estate.

None of the above.

Question 8 Which is the best example of conversion?

Question options:

Throwing rocks through a storefront window.

A teenage girl taking money out of her dad’s wallet without his knowledge or permission.

A man driving his car off a cliff for the insurance money.

A woman killing her neighbor’s dog because it barks all night.

Question 9 Defamation by computer means that computers are used to say libelous things about others.

Question options:

                True

                False

Question 10 Commercial disparagement includes which of the following?

Question options:

Disparagement of goods.

Disparagement of services.

Disparagement of business.

All of the above.

None of the above.

 

PA165 Introduction to Torts

Unit 4 Quiz

Question 1 Which of the following is not an element of negligence?

Question options:

Duty of reasonable care.

Breach of duty.

Causation.

Proximate cause.

All of the above are negligence elements.

Question 2 Under common law negligence, reasonable care is defined by

Question options:

Experience.

Statute.

The reasonable person standard.

The judge’s preference.

None of the above.

Question 3 When a victim has a peculiar health condition that is reasonably foreseeable, and the tortfeasor injures the victim, the courts call this

Question options:

None of the above.

Taking the victim as you leave him.

Taking the victim as you find him.

Proximate cause.

Res ipsa loquitur.

Question 4 In which type(s) of cases would res ipsa loquitur most commonly be used?

Question options:

None of the above.

All of the above.

Slip-and-fall cases.

Motor vehicle accidents.

Medical malpractice.

Question 5 Proximate cause is best defined as

Question options:

The tortfeasor’s actions that cause a reasonably foreseeable injury to the victim.

The tortfeasor’s actions were a substantial factor in producing the victim’s injuries.

The tortfeasor intended to cause the victim’s injuries.

But for the tortfeasor’s actions, the victim would not have been harmed.

Question 6 Proximate cause is sometimes called

Question options:

Res ipsa loquitur.

Legal cause.

The law of cause and effect.

Strict liability.

Question 7 Foreseeable plaintiff’s theory asks

Question options:

Did the tortfeasor intend to injure the plaintiff?

Was it reasonably foreseeable that the person hurt would be injured as a result of the tortfeasor’s actions?

Should the tortfeasor have known that his or her actions would cause a specific type of injury?

This concept applies to intentional torts, not negligence.

None of the above.

Question 8

Compensatory damages are commonly awarded in negligence cases.

Question options:

                True

                False

Question 9 The following might be examples of medical malpractice:

Question options:

C and D only.

All of the above.

Abandonment.

Failure to diagnose.

Lack of informed consent.

Question 10 Substantial factor analysis states

Question options:

To set the plaintiff’s damages, the court considers how substantially the victim was hurt and how much of a factor the defendant played in causing the harm.

The tortfeasor is liable for injuries to the victim when the tortfeasor’s actions were a substantial factor in producing the harm.

The tortfeasor did not intend to cause the injuries.

The tortfeasor is liable for injuries to the victim if the tortfeasor reasonably should have known that his or her actions would cause injuries.

 

PA165 Introduction to Torts

Unit 5 Quiz

Question 1 Both intentional torts and negligence cases require intent.

Question options:

                True

                False

Question 2 All of the following are intentional torts except

Question options:

 

battery.

negligence.

fraud.

defamation.

all of the above are intentional torts.

Question 3 To be successful in claiming defamation, a public figure must show that a statement was made with actual malice.

Question options:

                True

                False

Question 4 In which type(s) of cases would res ipsa loquitur most commonly be used?

Question options:

Medical malpractice

Motor vehicle accidents

Slip-and-fall cases

All of the above

None of the above

Question 5 The person committing a tort is called

Question options:

the tortor.

the torquere.

the tortfeasor.

the tortoise.

none of the above.

Question 6 The first pleading filed in a civil lawsuit, which contains the statement of wrong done to the plaintiff, is called the

Question options:

answer

complaint

motion

deposition

Question 7 Proximate cause is sometimes called

Question options:

strict liability.

the law of cause and effect.

legal cause.

res ipsa loquitur.

Question 8 Libel is written defamation, whereas slander is oral defamation.

Question options:

                True

                False

Question 9 In a negligence lawsuit, who most often decides how the reasonable person would have acted?

Question options:

The appellate courts

The state legislature

The arbiter-of-law

The trier-of-fact

None of the above

Question 10 Under common-law negligence, reasonable care is defined by

Question options:

experience.

statute.

the reasonable person standard.

the judge’s preference.

none of the above.

Question 11 Compensatory damages are commonly awarded in negligence cases.

Question options:

                True

                False

Question 12 Mary threw a snowball at James but it hit John instead. Mary has committed a battery against James.

Question options:

                True

                False

Question 13 Assault is best defined as

Question options:

battery.

unconsented physical contact.

a breach of the king’s peace.

all of the above.

none of the above.

Question 14 All of the following are elements of trespass to land except

Question options:

unauthorized entry onto another’s real estate.

intent to injure another’s real property.

interfering with an owner’s exclusive use of his or her land.

entering another’s land without permission.

all of the above are elements.

Question 15 Negligence requires intent to commit a harmful act.

Question options:

                True

                False

Question 16 Which of the following is not an element of negligence?

Question options:

Duty of reasonable care

Breach of duty

Causation

Proximate cause

All of the above are negligence elements

Question 17 Negligence is defined as

Question options:

the intentional injury of another person or a person’s property.

liability regardless of fault or intent.

failure to exercise all possible care to avoid injuring others.

failure to exercise reasonable care to avoid injuring others.

none of the above.

Question 18 Trespass to land requires injury to the real estate.

Question options:

                True

                False

Question 19 Intentional torts may best be defined as

Question options:

the failure to exercise reasonable care.

conduct that is fashioned to harm another person or his or her property.

conduct for which the defendant is liable regardless of fault or intent.

behavior that is also criminal.

none of the above.

Question 20 Which of the following is not an element of fraud:

Question options:

False statement intented to deceive

Knowlege of falisty of statement

Existence of a duty

Statement designed to entice victim into surrending something of value

All of the above

Question 21 Which example best illustrates conversion?

Question options:

Taking someone else’s bicycle from a parking rack and riding it across town.

Stepping into a store after closing hours.

Having an overdue library book checked out in your name.

Parking your car in a no-parking zone.

None of the above.

Question 22 Proximate cause is defined in terms of the foreseeability of injury.

Question options:

                True

                False

Question 23 The government, through its prosecutors, uses tort law to punish violators who injure other persons or their property.

Question options:

                True

                False

Question 24 Duty is defined as

Question options:

Legal obligation.

The obligation to do something.

The obligation not to do something.

All of the above.

None of the above.

Question 25 Modern tort law originated from the ___________ common law.

Question options:

Italian

Irish

German

English

African

 

PA165 Introduction to Torts

Unit 6 Quiz

Question 1 In the coming and going rule,

Question options:

Employers are not vicariously liable for the negligence of their employees.

Employers are vicariously liable for the negligence of their employees.

This is the same as the frolic and detour rule.

None of the above.

Question 2 Some legal scholars believe that comparative negligence produces fairer results than contributory negligence.

Question options:

True

False

Question 3 The plaintiff and the defendant decide how to apportion comparative negligence in a lawsuit.

Question options:

True

False

Question 4 Which of the following is the best illustration of assumption of risk?

Question options:

Tanya drives a cement mixer. Dobie is a construction worker. While unloading cement from the truck, Tanya noticed that Dobie was standing near a large hole behind him. She said nothing, and, as Dobie stepped back to avoid the flowing concrete, he fell into the hole.

Colleen is a litigation paralegal. She drafts a will for a client to be reviewed by her supervising attorney, Amy. Amy fails to do this. The will was written improperly, and the client sues for legal malpractice.

Angela works in a pastry shop. She notices that there is an electrical short in one of the machines she is using. Rather than shutting the machine off, she continues using it and is electrocuted.

Janet is a reference librarian. As she was researching a patron’s question, a bookshelf fell upon and injured her.

None of the above.

Question 5 Assumption of risk is an applicable defense even if the plaintiff was unaware of the dangers involved.

Question options:

True

False

Question 6 Assumption of risk includes all of the following elements except

Question options:

Plaintiff’s voluntary assumption.

Known risk.

Full appreciation of dangers involved.

Breach of duty.

All of the above are elements of assumption of risk.

Question 7 Statutes of limitations are irrelevant to negligence defenses.

Question options:

True

False

Question 8 Under assumption of risk, the plaintiff’s claim is barred even if he or she involuntarily engaged in dangerous activities.

Question options:

True

False

Question 9 An independent contractor is distinguishable from an employee because

Question options:

An employer controls how an independent contract performs work.

An employer must deduct social security taxes for an independent contractor.

An employer does not control how an independent contractor performs work.

All of the above.

None of the above.

Question 10 Respondeat superior means

Question options:

The higher court responds.

The respondent is liable.

Let the superior answer.

Let the respondent provide.

None of the above.

 

PA165 Introduction to Torts

Unit 7 Quiz

Question 1 A public nuisance can affect only a single person and be actionable by the prosecutor.

Question options:

                True

                False

Question 2 Under public nuisance, the public’s common legal rights are affected.

Question options:

                True

                False

Question 3 In a nuisance action, the most common equitable remedies are:

Question options:

abatement

injunction

money damages

a and b

all of the above

Question 4 The most common remedy in tort actions is money damages, in which the defendant must pay the plaintiff a sum of money to satisfy the judgment.

Question options:

                True

                False

Question 5 Proprietary actions are those that

Question options:

Are not immune from tort liability.

Are business-like activities engaged in by the government.

Often include the provision of utility services.

All of the above.

None of the above.

Question 6 Loss of consortium is defined as

Question options:

Lost wages.

Lost use of body parts.

Lost love and companionship.

All of the above.

None of the above.

Question 7 In wrongful death actions, which of the following damages are usually recoverable?

Question options:

Lost lifetime earnings potential.

Loss of consortium.

Punitive damages.

Both A and B.

Both B and C.

Question 8 “Coming to the nuisance” is a defense to public nuisance actions.

Question options:

                True

                False

Question 9 Mandamus is a type of money damages for nuisance actions.

Question options:

                True

                False

Question 10 In nuisance cases

Question options:

Only money damages are awarded.

Injunctions are most often granted.

Equitable remedies are not awarded.

None of the above.

 

PA165 Introduction to Torts

Unit 8 Quiz

Question 1 Self-defense and defense of others are two defenses applicable to

Question options:

Products liability.

Ultrahazardous activities.

Common usages.

Animal owner liability cases.

None of the above.

Question 2 If the ultimate user fails to properly maintain a product, then he or she cannot recover under strict products liability for injuries.

Question options:

True

False

Question 3 Fault is irrelevant to strict liability cases.

Question options:

True

False

Question 4

Domitae naturae refers to

Question options:

Wild animals.

Domestic animals.

Dead animals.

Stray animals.

None of the above.

Question 5 Proximate cause, as applied to absolute liability cases, is substantially different from the term as used in negligence cases.

Question options:

True

False

Question 6

Abnormally dangerous activities are those that are inappropriately performed in the place in which the victim was harmed.

Question options:

True

False

Question 7 Under strict products liability, the manufacturer or seller need not be in the business of selling products such as the defective item causing the injury.

Question options:

True

False

Question 8 An ultrahazardous activity must proximately cause the plaintiff’s injuries in order for the defendant to be held strictly liable.

Question options:

True

False

Question 9 In which cases would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity?

Question options:

Negligence cases.

Intentional tort cases.

Abnormally dangerous activity cases.

All of the above.

None of the above.

Question 10 Which of the following defenses are applicable to strict products liability cases?

Question options:

Contributory negligence.

Assumption of risk.

Ultimate user’s misuses of product.

Both A and B

Both B and C.

 

PA165 Introduction to Torts

Unit 9 Quiz

Question 1 Self-defense includes all of the following elements except

Question options:

use of reasonable force.

countering an attacking or offensive force.

force necessary to prevent bodily injury, offensive contact, or confinement.

a third party threatened by an attacking force.

all of the above are elements of self-defense.

Question 2 Respondeat superior is normally associated with which type of negligence case?

Question options:

Negligent infliction of emotional distress

Absolute liability

Premises liability

Vicarious liability

None of the above

Question 3 Generally, to locate a corporation, a paralegal should first contact which state agency?

Question options:

Secretary of State

Department of Education

Tax Assessor

Zoning Officer

Public Service Commission

Question 4 A land owner’s highest duty of care is owed to invitees.

Question options:

                True

                False

Question 5 Under public nuisance, the public’s common legal rights are affected.

Question options:

                True

                False

Question 6 Official weather statistics may be obtained from this agency:

Question options:

NICE.

FICA.

NOAA.

SHOA.

RUTH.

Question 7 Videotape and computer animation are routinely used in accident reconstruction and for settlement brochures.

Question options:

                True

                False

Question 8 If the plaintiff is in an accident and hurts the same part of her body that was injured in the past during another accident, this is called

Question options:

an aggravation of an existing injury.

a double injury.

an aggravation of a new injury.

insurance fraud.

Illegal.

Question 9 In actions involving negligence per se,

Question options:

negligence is presumed because of the tortfeasor’s violation of a statute.

negligence cannot be presumed.

negligence is presumed if injury occurs to minors.

negligence is presumed if injury occurs to persons with special relationships.

Question 10 In some jurisdictions, to do business under a fictitious name the following certificate must be filed:

Question options:

M/B/A.

F/N/A.

F/M/A.

C/P/A.

D/B/A.

Question 11 In strict products liability cases, the ultimate user must be the original purchaser of the defective product.

Question options:

                True

                False

Question 12 An economist should be hired by the trial team to testify regarding a plaintiff’s future reduced earning capacity.

Question options:

                True