Tort Liability in Higher Education: Legal Responsibilities for Institutions

Question 1

Which of the following is NOT an essential element to establish negligence?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 2

What is the standard of proof required to establish a discrimination claim?

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Probable cause

Answer

Clear and convincing evidence

Question 3

What is the overarching purpose of tort law?

Accepted Answer

To provide compensation to victims and deter future harmful conduct.

Answer

To resolve disputes peacefully

Answer

To punish wrongdoers

Question 4

What type of tort can arise when an institution fails to take reasonable steps to prevent harm to its students?

Accepted Answer

Negligence

Answer

Libel

Answer

Breach of contract

Answer

Battery

Question 5

Which of the following is a proactive step institutions can take to mitigate risks of tort liability?

Accepted Answer

Implementing clear policies and procedures, providing staff training, and maintaining adequate insurance.

Answer

Hiring only experienced employees

Answer

Increasing security measures

Question 6

What is a legal duty owed by institutions to their students?

Accepted Answer

To provide a safe and supportive learning environment

Answer

To ensure students graduate on time

Answer

To provide housing and meal plans

Question 7

What is the primary distinction between intentional and unintentional torts?

Accepted Answer

Intentional torts are committed with the intent to cause harm, while unintentional torts are committed without such intent.

Answer

Intentional torts are generally more serious than unintentional torts.

Question 8

Which of the following is an example of a tort that may occur in the context of online learning?

Accepted Answer

Negligent infliction of emotional distress

Answer

Theft

Answer

Breach of contract

Answer

Assault

Question 9

Which of the following is NOT an element of negligence?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 10

Defamation occurs when:

Accepted Answer

A false statement is made, published, and harms one's reputation

Answer

Property is damaged

Answer

An individual's privacy is invaded, causing distress

Question 11

Which of the following is a defense to discrimination claims?

Accepted Answer

Bona fide occupational qualification

Answer

Statute of limitations

Answer

Comparative negligence

Answer

Contributory negligence

Question 12

Vicarious liability refers to:

Accepted Answer

Legal responsibility for the wrongful acts of employees committed within the scope of their employment

Answer

Liability for one's own negligence

Answer

Liability for intentional torts

Question 13

The concept of sovereign immunity protects:

Accepted Answer

Government entities from tort liability, except in specific circumstances

Answer

Educational institutions from negligence lawsuits

Answer

Employees from vicarious liability

Answer

Individuals from defamation claims

Question 14

Punitive damages in tort law are awarded to:

Accepted Answer

Punish the defendant for egregious misconduct and deter similar behavior in the future

Answer

Compensate the plaintiff for actual damages

Answer

Cover legal fees incurred by the plaintiff

Question 15

Which of the following is a common defense to strict liability claims?

Accepted Answer

Assumption of risk

Answer

Statute of limitations

Answer

Comparative fault

Answer

Contributory negligence

Question 16

The statute of limitations for tort claims:

Accepted Answer

Sets a deadline within which a lawsuit must be filed, varying based on the specific claim and jurisdiction

Answer

Determines the amount of damages that can be awarded

Answer

Establishes the standard of care for negligence

Question 17

In the context of tort liability, mitigation of damages refers to:

Accepted Answer

Taking reasonable steps to reduce or minimize the extent of the potential harm caused by a tort

Answer

Increasing the severity of the punishment for a tort

Answer

Shifting the burden of proof to the plaintiff

Answer

Establishing a defense to a tort claim

Question 18

In tort law, which legal duty, when breached, gives rise to liability?

Accepted Answer

Duty of care

Answer

Duty of confidentiality

Answer

Duty to warn

Answer

Duty to mitigate

Question 19

Which legal principle imposes liability on individuals or organizations for the foreseeable consequences of their actions or omissions?

Accepted Answer

Negligence

Answer

Intentional tort

Answer

Res ipsa loquitur

Answer

Strict liability

Question 20

In a defamation claim, which defense allows the defendant to argue that the allegedly defamatory statement was true?

Accepted Answer

Truth

Answer

Privilege

Answer

Consent

Answer

Statute of limitations

Question 21

Which legal doctrine permits a plaintiff to establish negligence without proving specific acts or omissions by the defendant?

Accepted Answer

Res ipsa loquitur

Answer

Negligence per se

Answer

Comparative negligence

Answer

Contributory negligence

Question 22

Which type of damages seeks to compensate the plaintiff for actual losses or expenses incurred as a result of the tort?

Accepted Answer

Actual damages

Answer

Nominal damages

Answer

Injunctive relief

Answer

Punitive damages

Question 23

What is the main objective of sovereign immunity?

Accepted Answer

To protect government entities from lawsuits

Answer

To ensure fair trials for individuals

Answer

To limit the liability of state employees

Answer

To promote efficient government operations

Question 24

Which legal defense absolves a defendant from liability based on the plaintiff's own conduct that contributed to the harm?

Accepted Answer

Contributory negligence

Answer

Statute of limitations

Answer

Force majeure

Answer

Assumption of risk

Question 25

What is the primary function of a statute of limitations in tort law?

Accepted Answer

To establish a time limit within which lawsuits must be filed

Answer

To ensure that evidence remains available

Answer

To protect defendants from frivolous claims

Answer

To reduce the workload of the courts

Question 26

Which type of insurance specifically covers potential liability for torts committed by an insured party?

Accepted Answer

General liability insurance

Answer

Property insurance

Answer

Health insurance

Question 27

What is the most effective strategy for higher education institutions to minimize the likelihood of tort liability claims?

Accepted Answer

Implementing comprehensive risk management strategies

Answer

Hiring legal counsel

Answer

Purchasing insurance

Answer

Training employees on legal compliance