Final Exam

Question 1

A TORT IS

Answer 1

A CIVIL WRONG

Question 2

THE PARTIES TO A LAWSUIT IN A TORT ARE

Answer 2

PLAINTIFF AND DEFENDANT

Question 3

NICOLE BROWN SIMPSON’S FAMILY BROUGHT WHAT TORT ACTION AGAINST O.J. SIMPSON

Answer 3

WRONGFUL DEATH

Question 4

THE BURDEN OF PROOF IN A CIVIL TORT CASE

Answer 4

A PREPONDERANCE OF EVIDENCE

Question 5

WHAT IS AN ESSENTIAL ELELMENT OF TORTIOUS BATTERY

Answer 5

INTENTIONAL HARMFUL CONTACT

Question 6

THE BUIILDING BLOCKS OF EVERY TORT ACTION ARE CALLED

Answer 6

NONE OF THESE ANSWERS ARE CORRECT

Question 7

WHAT IS ANOTHER NAME FOR THE TORT OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS?

Answer 7

TORT OF OUTRAGE

Question 8

A TORT DEFENDANT CANNOT BE HELD LIABLE TO THE TORT PLAINTIFF IF

Answer 8

THE DEFENDANT’S CONDUCT WASN’T FORSEEABLE

Question 9

IN ORDER TO SUCCEED IN A TORTIOUS ACTTION OF FALSE IMPRISONMENT

Answer 9

THE PLAINTIFF MUST FULLY REALIZE THAT HE WAS IMPRISONED

Question 10

IF THE DEFENDANT’S CONDUCT IS MISSING ONLY ONE ELEMENT OF A TORT THAT CONTAINS SIX ELEMENTS

Answer 10

NO LIABILITY EXISTS

Question 11

WHAT IS CONVERSION?

Answer 11

EXERCISE OF DOMINION AND CONTROL OVER THE PROPERTY OF ANOTHER

Question 12

MISREPRESENTATION IS

Answer 12

INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT

Question 13

WHAT TORT CAN BE ALLEGED IN THE EVENT THAT THE NEIGHBOR’S DOG CONSTATLY BARKS?

Answer 13

NUISANCE

Question 14

IN TORT LAW, A DEFENSE IS

Answer 14

USED BY THE DEFENDANT TO EITHER DENY OR REDUCE THE PLAINTIFF’S CLAIMED HARM

Question 15

WHIS THE FOLLOWING TERMS IN NOT A DEFENSE TO A CLAIM OF INTENTIONAL TORT?

Answer 15

SANCTIONS

Question 16

UNDER WHAT CIRCUMSTANCES CAN REAL PROPERTY BE DEFENDED WITH DEADLY FORCE

Answer 16

NEVER

Question 17

WHAT ARE COMPENSATORY DAMAMGES?

Answer 17

TO REIMBURSE THE PLAINTIFF FOR ACTUAL OUT OF POCKET DAMAGES

Question 18

WHAT IS THE DIFFERENCE BETWEEN REPOSSEION AND FORECLOSURE?

Answer 18

PERSONAL PROPERTY VERSUS REAL PROPERTY

Question 19

WHAT TORT IS TRIGGERED WHEN A NON-RESPONSIBLE PARTY DOES NOT AID A STRANGER?

Answer 19

NONE OF THESE ANSWERS ARE CORRECT

Question 20

DIVERSITY JURISDICTION IS USED

Answer 20

IN FEDERAL COURT

Question 21

THE ATTRACTIVE NUISANCE DOCTRINE IS A DUTY OF CARE APPLICABLE TO

Answer 21

CHILDREN

Question 22

UNDER THE ‘TRESPASSER RULE’ THE LANDOWNER OWES WHAT KIND OF DUTY OF CARE TO THE INTENTIONAL TRESPASSER?

Answer 22

LOWEST

Question 23

AN ENTRANT ON A LANDOWNERS LAND MAY BE ONE OF THE FOLLOWING

Answer 23

ALL OF THESE ANSWERS ARE CORRECT

Question 24

DRAM SHOP LIABILITY IS APPLICABLE TO OWNERS OF

Answer 24

BARS

Question 25

GENERALLY, WHAT IS THE DUTY OF CARE OWED BY THE GOOD SAMARITAN?

Answer 25

NONE

Question 26

A/AN ELEMENT OF NEGLIGENCE INCLUDES

Answer 26

ALL OF THESE ANSWERS ARE CORRECT

Question 27

PROXIMATE CAUSE IS ALSO CALLED

Answer 27

LEGAL CAUSE

Question 28

THEORETICALLY, WHAT DEFENSE "CUTS OFF" PROXIMATE CAUSE?

Answer 28

UNFORSEEABILITY

Question 29

THE 'EGGSHELL SKULL RULE'

Answer 29

REQUIRES THAT THE TORTFEASOR FINDS THE PLAINTIFF AS S/HE FINDS HIM

Question 30

A CRITICAL ELEMENT FOR A CLAIM BASED UPON NEGLIGENCE IS

Answer 30

DAMAGES

Question 31

INSURANCE IS

Answer 31

CONTRACT

Question 32

GENERALLY, WHAT IS THE FIRST METHOD FOR DETERMINING WHETHER A POTENTIAL TORTFEASOR POSSESSES LIABILITY INSURANCE?

Answer 32

THE POLICE REPORT

Question 33

INSURANCE POLICIES CONTAINS EXCULSION OF COVERAGE FOR

Answer 33

INTENTIONAL ACTS OF THE INSURED

Question 34

THE TIME PERIOD DURING WHICH A TORT ACTION MUST BE COMMENCED FOLLOWING THE ACCIDENT?

Answer 34

STATUTE OF LIMITATIONS

Question 35

A 'WRONGFUL LIFE ACTION

Answer 35

IS BROUGHT BY OR ON BEHALF OF A CHILD'S BIRTH

Question 36

SOVEREIGN OR GOVERNMENTAL IMMUNITY

Answer 36

PREVENTS A LAWSUIT AGAINST A GOVERNEMNT OR SOVEREIGN WITHOUT THE CONSENT OF THAT GOVERNEMNT OR SOVEREIGN

Question 37

CHARITABLE IMMUNITY

Answer 37

IS GRANTED BY STATE LAW TO CHARITABLE ORGANIZATIONS

Question 38

IS DIPLOMATIC IMMUNITY AN ACTUAL FORM OF IMMUNITY?

Answer 38

YES

Question 39

CAN REMEDIES IN NEGLIGENCE BE AWARDED IN EQUITY?

Answer 39

YES

Question 40

WHAT ARE PUNITIVE DAMAGES?

Answer 40

DAMAGES TO PUNISH THE TORTFEASOR

Question 41

"CAVEAT EMPTOR" MEANS

Answer 41

BUYER BEWARE

Question 42

STRICT LIABILITY CAN BE IMPOSED

Answer 42

WITHOUT REGARD OF THE INTENT TO THE DEFENDANT

Question 43

STRICT LIABILITY WOULD LIKELY TO BE USED TO ESTABLISH HARM IN WHICH VENTURE

Answer 43

ALLIGATOR FARM

Question 44

STRICT LIABILITY DOES NOT APPLY TO DOMESTIC ANIMALS

Answer 44

UNLESS THE OWNER HAD REASON TO KNOW OF THE ANIMAL'S NATURE

Question 45

STRICT LIABILITY RARELY APPLIES TO

Answer 45

TRESPASSERS

Question 46

AN EXAMPLE OF AN ABNORMALLY DANGEROUS ACTIVITY IS

Answer 46

ALL OF THESE ANSWERS ARE CORRECT

Question 47

PRODUCTS LIABILITY IMPOSES HARM ON WHOM FOR HARM CAUSED BY MANUFACTURED GOODS

Answer 47

SELLERS

Question 48

PRODUCTS LIABILITY CAUSES OF ACTION INCLUDE WHICH OF THE FOLLOWING DEFECTS

Answer 48

ALL OF THESE ANSWERS ARE CORRECT

Question 49

WHAT IS AN EXAMPLE OF A PRODUCTS LIABILITY DESIGN DEFECT?

Answer 49

BOEING 737 MAXX AIRCRAFT

Question 50

A COMMON PRODUCTS LIABILITY WARRANTY INCLUDES

Answer 50

IMPLIED WARRANTY

Question 51

WHAT ARE TWO EXAMPLES OF DEFAMATION

Answer 51

SLANDER AND LIBEL

Question 52

IS ACTUAL MALICE THE SAME AS LIBEL?

Answer 52

NO

Question 53

WHEN CAN ABSOLUTE PRIVILEGE BE LOST?

Answer 53

NEVER

Question 54

WHAT IS SLANDER OF TITLE?

Answer 54

STATEMENTS MADE TO CAST DOUBT ON A PLAINTIFF'S LEGAL OWNERSHIP OD PROPERTY

Question 55

WHAT IS THE ABSOLUTE DEFENSE AGAINST DISPARAGEMENT?

Answer 55

THE TRUTH