Torts Assessment Chapters 1-9

Which of the following statements regarding private nuisance is FALSE? A "Coming to the nuisance" is a complete defense. B With the exception of spite walls, courts have refused to find obstruction of sunlight as creating a private nuisance. C The interference must be annoying to an ordinary, reasonable person. D Compliance with state or local administrative regulations can be evidence as to whether the activity is reasonable.

"Coming to the nuisance" is a complete defense.

Which of the following best summarizes a rule regarding affirmative duties to act? A A person who voluntarily aids another is liable for any injury caused by the failure to use reasonable care. B A person who places another person in danger does not have an affirmative duty to act. C A person who voluntarily initiates a rescue has no affirmative duty to continue the rescue. D A person with the ability and actual authority to control another has an affirmative duty to exercise the utmost care.

A person who voluntarily aids another is liable for any injury caused by the failure to use reasonable care.

Which of the following statements regarding causation is FALSE? A Under the multiple sufficient causes doctrine, the test is whether the defendant's tortious conduct was a substantial factor in causing the harm. B If two or more tortfeasors were acting together collectively and that causes the plaintiff's harm, then all defendants will be jointly and severally liable. C When a small number of defendants were negligent with regard to a plaintiff, but only one caused the plaintiff's injuries, the burden shifts to each individual defendant to prove that his conduct was not the cause-in-fact of the plaintiff's harm. D A plaintiff may not recover for negligence if multiple defendants were the actual cause of the plaintiff's injury.

A plaintiff may not recover for negligence if multiple defendants were the actual cause of the plaintiff's injury.

Which of the following states the basic duty requirement in a negligence case? A Act to avoid foreseeable harm B Act with reasonable care C Act with the utmost care D Act in good faith to avoid causing harm

Act with reasonable care

Which of the following statements about trespass to land is FALSE? A A trespass to land requires a physical invasion of the land. B Mistake of fact as to ownership of the land is not a defense. C Actual damages must be proved. D The defendant need only have the intent to enter the land to be liable for trespass.

Actual damages must be proved.

Which of the following is FALSE regarding the privilege of arrest? A A private citizen may use force to make an arrest in the case of a felony if a felony has actually been committed and the arresting party has reasonable grounds to suspect that the person being arrested committed it. B A private citizen is not subject to tort liability if he makes a reasonable mistake as to the identity of the felon. C An officer must reasonably believe that a felony has been committed and that the person she arrests committed it. D An officer is subject to tort liability if he makes a mistake as to whether a felony has been committed.

An officer is subject to tort liability if he makes a mistake as to whether a felony has been committed.

Which of the following statements regarding the defense of consent is FALSE? A Consent can be either express or implied. B Mistake can invalidate consent if the defendant knew of the mistake and took advantage of it. C Fraud invalidates consent when the fraud goes to an essential matter. D Consent as a defense to liability for injuries in an athletic contest must be explicit and mutual.

Consent as a defense to liability for injuries in an athletic contest must be explicit and mutual.

Which of the following statements about self-defense is TRUE? A Force used in self-defense must be reasonably proportionate to the anticipated harm. B A person always has a duty to retreat. C A person acting in self-defense is liable for accidental injuries to bystanders. D An initial aggressor is always entitled to claim self-defense.

Force used in self-defense must be reasonably proportionate to the anticipated harm.

Which of the following statements is FALSE regarding the impact of intervening causes on liability? A If an intervening cause of a plaintiff's injury is unforeseeable, the original tortfeasor will generally not be responsible for the injury. B If an intervening cause of a plaintiff's injury is unforeseeable, the original tortfeasor will generally be solely responsible for the injury. C Criminal acts of third parties may or may not break the chain of causation. D The important consideration is whether the injury is within the scope of what made the conduct negligent.

If an intervening cause of a plaintiff's injury is unforeseeable, the original tortfeasor will generally be solely responsible for the injury.

Which of the following statements regarding trespass to chattels is FALSE? A The requisite intent to be liable for trespass to chattels is the intent to do the interfering act. B Mistake by the defendant about the legality of his actions is not a defense. C In circumstances of use or intermeddling, the plaintiff may still recover even if he cannot show actual damages. D In the case of dispossession, a plaintiff may recover for actual damages caused by the interference and the loss of use.

In circumstances of use or intermeddling, the plaintiff may still recover even if he cannot show actual damages.

Landlords are liable for all EXCEPT which of the following? A Injuries in common areas B Injuries from hidden dangers about which the landlord did not warn the tenant C Injuries from premises that are leased for public use D Injuries arising from conditions within the tenant's control

Injuries arising from conditions within the tenant's control

Under which of the following circumstances is a tenant responsible for injuries associated with property? A Injuries in common areas B Injuries arising from conditions within the tenant's control C Injuries from hidden dangers about which the landlord did not warn the tenant D Injuries arising from premises that are leased for public use

Injuries arising from conditions within the tenant's control

Which of the following is NOT an element of negligence? A Breach of duty B Causation C Duty D Intentional act

Intentional act

Which of the following is NOT an example of a public nuisance? A Interfering with the use of private property B Blocking of a public highway C Interfering with the use of public space D Air pollution

Interfering with the use of private property

Which of the following statements is FALSE regarding the standard of care in a negligence case? A Intoxicated individuals are held to the same standards as sober individuals, unless their intoxication was involuntary. B Most courts today hold common carriers and innkeepers to the standard of utmost care. C In most jurisdictions, automobile drivers owe ordinary care to their guests and passengers. D A person's particular physical characteristic, such as blindness, is taken into account in determining the reasonableness of the defendant's behavior.

Most courts today hold common carriers and innkeepers to the standard of utmost care.

What damages may a patient recover under loss of chance of recovery? A Partial recovery based on the percentage of damages that correspond to the lost change of survival B Expectation damages C Punitive damages D Nominal damages

Partial recovery based on the percentage of damages that correspond to the lost change of survival

Which of the following is NOT a basic element of intentional torts? A Act B Purpose C Intent D Causation

Purpose

Which of the following statements regarding res ipsa loquitur is TRUE? A Res ipsa loquitur keeps the case from going to a jury. B : Res ipsa loquitur requires the defendant to have had exclusive control of the instrumentality that caused the harm. C Res ipsa loquitur requires the harm suffered by the plaintiff to be of the type that would have occurred despite any negligence. D Res ipsa loquitur may apply when the accident was due to the plaintiff's fault.

Res ipsa loquitur requires the defendant to have had exclusive control of the instrumentality that caused the harm.

Regarding alternative causation, when the plaintiff's harm was caused by only one of two negligent defendants, but it is not clear which one, courts will ___________________________.

Shift the burden of proof to the defendants.

Which of the following breaks the chain of causation? A Intervening cause B Joint and several liability C Superseding cause D Loss of chance of recovery

Superseding cause

What is the procedural effect of the application of res ipsa loquitur? A The court will allow the jury to decide whether the defendant was negligent. B The elements of duty and breach are conclusively established in plaintiff's favor. C The plaintiff must prove negligence by direct, rather than circumstantial, evidence. D The court will enter a directed verdict on behalf of the plaintiff.

The court will allow the jury to decide whether the defendant was negligent.

Which of the following is NOT a requirement for the application of the negligence per se rule? A A criminal or regulatory statute imposes a specific duty for the protection or benefit of others. B The plaintiff is a member of the class intended to be protected by the statute or regulation. C The defendant had actual knowledge of the statute or regulation. D The harm that materialized is the type intended to be prevented by the statute or regulation.

The defendant had actual knowledge of the statute or regulation.

Regarding the attractive nuisance doctrine, which of the following statements is FALSE? A The doctrine applies to children trespassing on another's land. B The doctrine applies to artificial conditions, but not to natural conditions. C The doctrine applies regardless of whether the landowner knows or has reason to know that children are likely to trespass. D When the doctrine applies, the landowner owes a duty of reasonable care to the trespasser.

The doctrine applies regardless of whether the landowner knows or has reason to know that children are likely to trespass.

Which of the following describes a land possessor's traditional duty to a licensee? A The normal duty of care B None, except to avoid "willful and wanton" disregard for safety C The duty to warn about known, concealed dangers D The highest duty of care

The duty to warn about known, concealed dangers

Which of the following is the measure of damages for conversion? A The amount of loss suffered by the plaintiff due to the defendant's actions B The full value of the property at the time of the conversion C The full value of the property at the time of discovery D The fair market value minus depreciation

The full value of the property at the time of the conversion

Which of the following statements regarding causation is FALSE? A A person is liable for the risks that made her conduct negligent. B The majority rule is that there is no liability for a foreseeable type of harm. C A person is liable when the injury is within the scope of the defendant's breach. D Proximate causation looks to whether the causal connection was too remote.

The majority rule is that there is no liability for a foreseeable type of harm.

Which of the following statements concerning the modern trends related to res ipsa loquitur is FALSE? A A modern trend in medical malpractice cases is to shift the burden to the defendants, holding all defendants jointly and severally liable unless they can exonerate themselves. B Many comparative-fault jurisdictions loosely apply the traditional element that required the plaintiff's harm to be caused in no way by an action of the plaintiff. C In products liability cases, many courts ignore the "exclusivity" requirement. D The modern trends commonly maintain the strict application of the traditional elements of res ipsa loquitur.

The modern trends commonly maintain the strict application of the traditional elements of res ipsa loquitur.

Which of the following statements regarding false imprisonment is FALSE? A The doctrine of transferred intent applies to false imprisonment. B The plaintiff can only recover if he was conscious of the confinement at the time it occurred. C The defendant may restrain or confine the plaintiff by failing to provide a reasonable means of safe escape. D The plaintiff may recover nominal damages.

The plaintiff can only recover if he was conscious of the confinement at the time it occurred.

Which of the following is NOT a factor the court considers when determining whether conduct is a conversion or a trespass to chattel? A The duration of the interference B The plaintiff's good faith C The expense or inconvenience to the plaintiff D The extent of the harm to the chattel

The plaintiff's good faith

In which of the following situations is a physician NOT required to inform a patient about the risks of a medical procedure? A The patient is conscious. B Disclosure would not be harmful to the patient's health. C The patient is competent. D The risk is commonly known.

The risk is commonly known.

In which of the following circumstances is a child held to the same standard of care as an adult without taking into account the child's age?

When the child is engaged in high-risk adult activity

In which of the following circumstances is a court more likely to find extreme or outrageous conduct in an intentional infliction of emotional distress claim? A When the defendant insults the plaintiff B When the defendant has threatened the plaintiff C When the defendant is in a position of authority or influence over the plaintiff D When the defendant has committed an indignity towards the plaintiff

When the defendant is in a position of authority or influence over the plaintiff

When it comes to lawyers and other professionals, evidence of custom is ________________________________ as evidence to establish the proper standard of care, and such evidence is _________________________.

admissible, dispositive

Generally, evidence of custom in a community or industry is ________________________ as evidence to establish the proper standard of care; such evidence is ___________________________.

admissible, not dispositive

A battery is __________ contact with the __________ without __________.

harmful or offensive; person of another; consent

In determining the reasonableness of a defendant's behavior, the general standard is __________.

objective

A person may use __________ to __________.

reasonable force; defend her property