Chapter 2: Policy Objectives: / Quiz Flashcards
Question 1: What is legal doctrine?
A legal rule, but not a principle or policy.
A legal rule, principle, or policy.
A legal principle, but not a rule or policy.
A legal rule or principle, but not a policy.
A legal rule or principle, but not a policy.
Question 2: Is economic loss compensable in the law of torts?
Yes, but only if there was a significant relationship between the plaintiff and defendant.
Yes, but only if the plaintiff did not have a contract with the defendant.
No, it is compensable only in the law of contracts.
Yes, but only if the plaintiff had a contract with the defendant.
Yes, but only if there was a significant relationship between the plaintiff and defendant.
Question 3: What do lawyers mean when they talk of the “risk” involved in engaging in certain conduct?
The likelihood of some harm occurring, or the likelihood of any harm being serious.
The likelihood of some harm occurring, but not the likelihood of any harm being serious.
Not the likelihood of some harm occurring, but only the likelihood of any harm being serious.
The possibility that the defendant might not carry liability insurance.
The likelihood of some harm occurring, or the likelihood of any harm being serious.
Question 4: What is optimal deterrence?
The idea that the law should deter conduct where the risks associated with that conduct outweigh the benefits that it might bring.
The idea that the law should deter conduct that is very likely to cause harm.
The idea that the law should deter tortious conduct but not non-tortious conduct.
The idea that it is better to deter tortious conduct than to compensate victims of tortious conduct.
The idea that the law should deter conduct where the risks associated with that conduct outweigh the benefits that it might bring.
Question 5: General deterrence is concerned with:
Encouraging the general public not to commit a tort.
Punishing those who commit a tort.
Encouraging the defendant not to commit a tort in future.
Stigmatizing those who commit a tort.
Encouraging the general public not to commit a tort.
Question 6: What sort of person is a legal positivist?
Someone who believes that the law is what is authoritatively posited, irrespective of morality or other implications.
Someone who believes that law should be used only to achieve a positive purpose.
Someone who believes that law is a positive force in the world.
Someone who believes that the law is always right.
Someone who believes that the law is what is authoritatively posited, irrespective of morality or other implications.
Question 7: Which of the following is not a problem for deterrence in tort law?
Unintentional harm.
Liability insurance.
Vicarious liability.
Lack of knowledge about the law.
Vicarious liability.
Question 8: The availability of liability insurance helps to achieve which of the following goals of the law of torts?
Deterrence.
Compensation.
Corrective justice.
Retribution.
Compensation.
Question 9: Is a child who was on someone else’s property without the latter’s permission entitled to be compensated if s/he was injured by something dangerous on that property?
No, because s/he would be a trespasser.
Yes, but only if the attractive nuisance doctrine is applicable.
No, because that would impose too great a burden on the owner of the property.
Yes, but only if s/he did not harm the owner’s property.
Yes, but only if the attractive nuisance doctrine is applicable.
Question 10: What sort of justice does an advocate of distributive justice seek as the outcome of a legal dispute?
The fairest solution for society as a whole.
The fairest solution for the plaintiff.
The fairest solution for everyone involved.
The fairest solution for the defendant.
The fairest solution for society as a whole.
Question 11: What is the difference between subjective and objective risk?
Subjective risk refers to an individual’s perception of risk, while objective risk suggests a definitive probability of that risk’s occurrence.
Subjective risk is calculated by ordinary individuals, while objective risk is calculated by experts and insurance companies.
Subjective risk is essentially a guess, or an estimate, which objective risk is based on evidence.
Subjective risk is biased, while objective risk is not.
Subjective risk refers to an individual’s perception of risk, while objective risk suggests a definitive probability of that risk’s occurrence.
Question 12: The goal of compensation in the law of torts is:
To provide the victim with a sum of money, irrespective of who pays.
To ensure that the state does not pay for the victim’s injuries.
To ensure that liability insurers pay the victim for his or her injuries.
To make the defendant pay the victim for his or her injuries.
To provide the victim with a sum of money, irrespective of who pays.
Question 13: Retribution is more appropriate for which of the following torts?
Any torts that involve proof of the tortfeasor’s unreasonable conduct.
Strict liability torts.
Intentional torts.
Negligence.
Intentional torts.
Question 14: Why, according to Émile Durkheim, might a certain level of tortious conduct actually be socially beneficial?
Because it helps us to identify which laws need to be made clearer.
Because it enables society to stigmatize the tortfeasor.
Because it helps to distinguish right from wrong.
Because it enables society to punish the tortfeasor.
Because it helps to distinguish right from wrong.
Question 15: What is legal realism?
The view that the law offers no right answers.
The view that law is about policy as well as doctrine.
The view that studying law from books and in class is a waste of time, and that law can only be studied by observing lawyers in practice.
The view that law is whatever a judge says it is at any given time.
The view that law is about policy as well as doctrine.
