Torts: Definition and Elements - Advanced Torts Juris Doctor

Question 1

Which element is NOT required to prove negligence?

Accepted Answer

Assumption of risk

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 2

In a negligence cause of action, which of the following is NOT an essential element to prove?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 3

Which element is NOT required to establish a prima facie case of negligence?

Accepted Answer

Statute of limitations

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 4

Definition of a Tort

Which of the following statements best defines a tort?

Accepted Answer

A civil wrong that results in harm to another person or property

Answer

A breach of a contractual obligation

Answer

A crime punishable by imprisonment

Answer

A legal duty owed to all members of society

Question 5

Essential Elements of a Tort

Which of the following options is NOT considered an essential element of a tort?

Accepted Answer

Recklessness

Answer

Wrongful conduct

Answer

Proximate cause

Answer

Damages

Question 6

Defense in a Defamation Case

In a defamation case, which defense is generally considered the most likely to succeed?

Accepted Answer

Truth

Answer

Privilege

Answer

Consent

Answer

Statute of limitations

Question 7

Strict Liability Tort

Which of the following is the best example of a tort that imposes strict liability?

Accepted Answer

Product liability

Answer

Negligence

Answer

Assault and battery

Answer

Defamation

Question 8

Punitive Damages

Which of the following torts generally does NOT allow for the potential award of punitive damages?

Accepted Answer

Negligence

Answer

Assault and battery

Answer

Fraud

Answer

Wrongful death

Question 9

Tort Based on Breach of Duty

Which of the following torts is primarily based on a breach of duty?

Accepted Answer

Negligence

Answer

Trespass to chattels

Answer

Assault and battery

Answer

Product liability

Question 10

Duty of Care

When determining the duty of care owed by a defendant to a plaintiff, which factor is generally considered the most significant?

Accepted Answer

The foreseeability of harm

Answer

The relationship between the parties

Answer

The amount of damages suffered by the plaintiff

Answer

The defendant's intent

Question 11

In a civil lawsuit alleging a tort, which of the following is NOT an essential element that the plaintiff must establish?

Accepted Answer

Intent

Answer

Duty of care

Answer

Causation

Answer

Damages

Question 12

Which element is NOT essential to establish the intentional tort of battery?

Accepted Answer

Consent

Answer

Intentional contact

Answer

Harmful or offensive contact

Answer

Damages

Question 13

Which of the following is an absolute defense to a claim of defamation?

Accepted Answer

Truth

Answer

Consent

Answer

Privilege

Answer

Statute of limitations

Question 14

Which of the following is NOT an essential element of a tort claim?

Accepted Answer

Statute of limitations

Answer

Duty of care

Answer

Damages

Answer

Causation

Question 15

Intentional torts differ from negligent torts primarily based on:

Accepted Answer

The actor's state of mind

Answer

The nature of the harm caused

Answer

The victim's contributory negligence

Answer

The availability of defenses

Question 16

Vicarious liability refers to:

Accepted Answer

Legal responsibility for another's tortious acts

Answer

Strict liability

Answer

Liability only for negligence

Question 17

The primary purpose of punitive damages in tort law is to:

Accepted Answer

Punish the defendant and deter similar conduct

Answer

Reduce the defendant's insurance premiums

Answer

Cover the defendant's legal fees

Answer

Compensate the victim for their injuries

Question 18

Which of the following is NOT considered an intentional tort?

Accepted Answer

Negligence

Answer

Battery

Answer

Assault

Answer

False imprisonment

Question 19

Negligence per se refers to:

Accepted Answer

Negligence established by statute or regulation

Answer

Negligence proven by clear and convincing evidence

Answer

Negligence presumed based on circumstances

Question 20

A requirement for strict liability in tort is:

Accepted Answer

Abnormal dangerous activity

Answer

Causation in fact

Answer

Negligence on the defendant's part

Answer

Intent to cause harm

Question 21

Joint and several liability means that:

Accepted Answer

Each defendant is liable for the full amount of damages

Answer

Only one defendant is liable for the damages

Answer

Defendants are only liable for their proportionate share

Question 22

Which of the following provides the most accurate definition of a tort?

Accepted Answer

A civil wrong resulting in damages, other than a breach of contract or a crime.

Answer

A breach of contract that results in a lawsuit.

Answer

A criminal act that results in imprisonment or fines.

Answer

A violation of a statute that gives rise to a private right of action.

Question 23

Which of the following is NOT a type of intentional tort?

Accepted Answer

Negligence

Answer

Battery

Answer

False imprisonment

Answer

Assault

Question 24

Which of the following torts requires proof of both physical and mental harm?

Accepted Answer

Intentional infliction of emotional distress

Answer

Battery

Answer

Assault

Answer

Wrongful death

Question 25

Which of the following is a duty owed by all persons to others?

Accepted Answer

Duty of care

Answer

Duty of confidentiality

Answer

Duty of loyalty

Answer

Duty to mitigate damages

Question 26

Which of the following is a type of negligence that involves a breach of a specific legal standard?

Accepted Answer

Negligence per se

Answer

Contributory negligence

Answer

Simple negligence

Answer

Gross negligence

Question 27

Which of the following statutes provides immunity from tort liability in certain situations?

Accepted Answer

Good Samaritan Statute

Answer

Sarbanes-Oxley Act

Answer

Uniform Commercial Code

Answer

Americans with Disabilities Act

Question 28

Which of the following is a potential source of vicarious liability?

Accepted Answer

Respondeat superior

Answer

Joint and several liability

Answer

Contributory negligence

Answer

Comparative negligence

Question 29

Which of the following is NOT considered an essential element of a civil tort action?

Accepted Answer

Criminal intent

Answer

Damages

Answer

Breach of duty

Answer

Duty of care

Question 30

Which of the following best characterizes intentional torts?

Accepted Answer

Intentional or reckless acts or omissions that directly and substantially cause harm to another person.

Answer

Acts or omissions that result in harm or injury without any fault or intent on the part of the actor.

Answer

Unintentional or negligent acts or omissions that lead to harm or injury.

Answer

Acts or omissions that are socially unacceptable and violate established norms of conduct.

Question 31

What is the legal significance of proximate cause in the context of tort liability?

Accepted Answer

It establishes the causal relationship between the defendant's conduct and the plaintiff's injuries, limiting the defendant's liability to foreseeable consequences.

Answer

It sets the time limit within which a tort claim must be filed.

Answer

It determines the plaintiff's burden of proof in establishing the defendant's liability.

Question 32

What is the central principle underlying the doctrine of joint and several liability in tort law?

Accepted Answer

Each tortfeasor is jointly and individually liable for the entire amount of damages, regardless of their respective degrees of fault or participation.

Answer

Only the party who caused the most harm or injury is held liable.

Answer

Liability is apportioned among the tortfeasors based on their proportionate share of fault or causation.

Question 33

What is the primary purpose of the doctrine of respondeat superior?

Accepted Answer

To hold employers vicariously liable for the tortious acts or omissions of their employees committed within the scope of their employment.

Answer

To provide a defense to employees from liability for acts committed within the scope of their employment.

Answer

To extend liability to third parties who aid or abet an employee's tortious conduct.

Question 34

Which of the following is NOT an essential element of a negligence tort?

Accepted Answer

Intentional misconduct

Answer

Duty of care

Answer

Damages

Answer

Breach of duty

Question 35

In tort law, what legal obligation assigns a person or entity a duty to act or refrain from acting in a particular way?

Accepted Answer

Duty of care

Answer

Damages

Answer

Cause-in-fact

Answer

Respondeat superior

Question 36

Which of the following defenses admits to the plaintiff's claim but provides a justified reason for the defendant's actions?

Accepted Answer

Justification

Answer

Immunity

Answer

Contributory negligence

Answer

Statute of limitations

Question 37

Which type of tort arises when an individual engages in conduct intended to cause harm or that is substantially certain to cause harm?

Accepted Answer

Intentional tort

Answer

Strict liability

Answer

Negligence

Answer

Vicarious liability

Question 38

Which type of tort liability imposes liability on a person or entity without regard to their intent or level of care?

Accepted Answer

Strict liability

Answer

Negligence

Answer

Intentional tort

Answer

Assault and battery

Question 39

Which of the following is NOT considered a tort?

Accepted Answer

Breach of contract

Answer

Fraud

Answer

Negligence

Answer

Battery

Question 40

Which common law defense to a tort claim asserts that the defendant's actions were necessary to protect themselves or others from imminent harm?

Accepted Answer

Self-defense

Answer

Immunity

Answer

Contributory negligence

Answer

Statute of limitations

Question 41

Which type of tort liability arises when an employer is held legally responsible for the wrongful acts or omissions committed by their employees within the scope of their employment?

Accepted Answer

Vicarious liability

Answer

Strict liability

Answer

Intentional tort

Answer

Negligence

Question 42

In tort law, which type of compensatory damage aims to compensate the plaintiff for physical or emotional pain, suffering, and mental anguish?

Accepted Answer

Pain and suffering

Answer

Punitive damages

Answer

Consequential damages

Answer

Nominal damages

Question 43

Differentiate between an intentional tort and a negligent tort.

Accepted Answer

Intentional torts require the defendant to have intended the consequences of their actions, while negligent torts do not.

Answer

Intentional torts are always more serious than negligent torts.

Question 44

What is the primary purpose of punitive damages in a tort case?

Accepted Answer

To punish the defendant and deter similar conduct in the future

Answer

To compensate the plaintiff for their injuries

Answer

To cover the plaintiff's legal fees

Question 45

Which of the following is a characteristic of a strict liability tort?

Accepted Answer

Imposes liability regardless of the defendant's fault or intent.

Answer

Requires proof of negligence

Answer

Intends to compensate the plaintiff for their losses

Answer

Only applies to intentional acts

Question 46

Which of the following is NOT considered an intentional tort?

Accepted Answer

Negligence

Answer

Battery

Answer

False imprisonment

Answer

Assault

Question 47

What is the legal principle known as the doctrine of respondeat superior?

Accepted Answer

It holds employers responsible for the torts committed by their employees while acting within the scope of their employment.

Answer

It prevents an employee from suing their employer for negligence.

Question 48

Which tort protects an individual's reputation from false or damaging statements?

Accepted Answer

Defamation

Answer

Battery

Answer

Conversion

Answer

Trespass to chattels

Question 49

What is the primary purpose of a tortfeasor's duty to mitigate damages?

Accepted Answer

To minimize the plaintiff's losses and prevent excessive recovery

Answer

To shift the burden of proof to the plaintiff

Answer

To punish the defendant for their wrongful conduct

Question 50

What is the most accurate definition of a tort?

Accepted Answer

A civil wrong that results in harm to another person or their property, giving rise to legal liability for the wrongdoer.

Answer

A criminal act that violates the law.

Answer

A breach of a contract that causes financial loss.

Question 51

Which of the following is NOT a fundamental element of a tort?

Accepted Answer

Intent (except for intentional torts)

Answer

Duty of care (in negligence cases)

Answer

Breach of duty (in negligence cases)

Answer

Damages

Question 52

What is the most common remedy sought in tort actions?

Accepted Answer

Monetary damages (compensatory and punitive)

Answer

Injunction (court order to stop an action)

Answer

Rescission (cancellation of a contract)

Answer

Specific performance (court order to fulfill a contract)

Question 53

Which of the following torts specifically relates to the negligence of a professional?

Accepted Answer

Professional malpractice

Answer

Battery

Answer

Trespass

Answer

Assault

Question 54

Which factor is NOT typically considered when establishing the duty of care in a negligence case?

Accepted Answer

Age of the defendant

Answer

Foreseeability of harm

Answer

Standard of care in the community

Question 55

Which tort involves intentional conduct causing severe emotional distress to another person?

Accepted Answer

Intentional infliction of emotional distress

Answer

Trespass

Answer

Battery

Answer

Assault

Question 56

What is a common element that both intentional and negligent torts typically require?

Accepted Answer

Damages (harm or injury)

Answer

Foreseeability of harm (more prominent in negligence)

Answer

Intent (specific to intentional torts)

Answer

Duty of care (primarily relevant in negligence)