Tort Law Quiz Chapter 1

True/False
Indicate whether the statement is true or false.

____	1.	Trespass to chattel is unlawful interference with an owner’s right to use his or her personal
property.

____	2.	Modern tort law traces its roots to medieval China.

____	3.	A tort is a wrongful injury to a person or a person’s property.

____	4.	One purpose of tort law is to compensate victims by holding tortfeasors accountable for
causing injuries.

____	5.	Legally significant facts are those facts necessary for a plaintiff to win his or her lawsuit
against a defendant.

____	6.	Tort analysis should go from the general to the specific.

____	7.	Intent to do harm is not required for negligence.

____	8.	A tortfeasor is usually the plaintiff in a typical tort lawsuit.

____	9.	Negligence is the failure to exercise due care.

____	10.	The government, through its prosecutors, uses tort law to punish violators who injure other
persons or their property.

____	11.	One of the public policy objectives in tort law is compensating victims by holding
tortfeasors responsible for their acts.

____	12.	Tort law is largely composed of a set of maximum standards of conduct.

____	13.	Another public policy objective of tort law is to allocate losses among different participants.

____	14.	The unique elements to a tort are duty, breach of duty, conclusions, and damages.

____	15.	The majority of legal cases are resolved through a formal court trial.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

____	16.	A tort is a
a.	French pastry.	
b.	disagreement between two litigants.	
c.	part of contract law.	
d.	wrongfuly injury to a person or person’s property	
e.	none of the above.	

____	17.	The person committing a tort is called the
a.	tortor.	
b.	torquere.	
c.	tortfeasor.	
d.	tortoise.	
e.	none of the above.	

____	18.	Which of the following is not an intentional tort?
a.	Battery	
b.	Negligence	
c.	Fraud	
d.	Defamation	
e.	All of the above are intentional torts.	

____	19.	The first pleading filed in a civil lawsuit, which contains the statement of wrong done to the
plaintiff, is called the
a.	answer.	
b.	complaint.	
c.	motion.	
d.	deposition.	

____	20.	Instead of a formal court trial, parties to a dispute are now opting for alternative dispute
resolution in order to
a.	indefinitely delay the matter.	
b.	avoid a costly court proceeding.	
c.	have their dispute be a matter of public record.	
d.	air their dispute in front of a jury.	

____	21.	Discovery is the stage in a civil proceeding where the
a.	defendant responds to the complaint.	
b.	summons is served.	
c.	defendant tries to collect on a judgment.	
d.	parties exchange information and narrow the issues.	

____	22.	A lawsuit can be settled
a.	after the complaint is served.	
b.	before the answer is served.	
c.	during discovery.	
d.	during the trial.	
e.	all of the above.	

____	23.	Negligence is defined as
a.	the intentional injury of another person or a person’s property.	
b.	liability regardless of fault or intent.	
c.	failure to exercise all possible care to avoid injuring others.	
d.	failure to exercise reasonable care to avoid injuring others.	
e.	none of the above.	

____	24.	An example of strict liability is
a.	battery.	
b.	conversion.	
c.	negligence.	
d.	slander.	
e.	products liability.	

____	25.	Modern tort law originated from the ___________ common law.
a.	Italian	
b.	Irish	
c.	German	
d.	English	
e.	African	

____	26.	The answer in a lawsuit is the
a.	plaintiff’s response to the complaint.	
b.	defendant’s response to discovery.	
c.	defendant’s response to the complaint.	
d.	last step in a civil proceeding.	

____	27.	When a lawsuit is decided by someone other than a judge and the decision is binding, the
procedure is called
a.	a pretrial conference.	
b.	mediation.	
c.	arbitration.	
d.	none of the above.	

____	28.	Which of the following is true regarding mediation?
a.	Generally, a retired judge decides the case.	
b.	The mediator persuades the parties to reach a settlement.	
c.	The mediator makes a decision that is binding on the parties.	
d.	None of the above	

____	29.	In a rent-a-judge proceeding,
a.	the parties decide if the decision is binding.	
b.	the decision is issued by a mediator.	
c.	there is no decision.	
d.	the decision can be advisory or binding.	

____	30.	When a defendant brings a claim against the plaintiff, this is called a(n)
a.	counterclaim.	
b.	complaint.	
c.	answer.	
d.	none of the above.	

Tort Law Quiz Chapter 1
Answer Section

TRUE/FALSE

	1.	ANS:	T	PTS:	1

	2.	ANS:	F	PTS:	1

	3.	ANS:	T	PTS:	1

	4.	ANS:	T	PTS:	1

	5.	ANS:	F	PTS:	1

	6.	ANS:	T	PTS:	1

	7.	ANS:	T	PTS:	1

	8.	ANS:	F	PTS:	1

	9.	ANS:	T	PTS:	1

	10.	ANS:	F	PTS:	1

	11.	ANS:	T	PTS:	1

	12.	ANS:	F	PTS:	1

	13.	ANS:	T	PTS:	1

	14.	ANS:	F	PTS:	1

	15.	ANS:	F	PTS:	1

MULTIPLE CHOICE

	16.	ANS:	D	PTS:	1

	17.	ANS:	C	PTS:	1

	18.	ANS:	B	PTS:	1

	19.	ANS:	B	PTS:	1

	20.	ANS:	B	PTS:	1

	21.	ANS:	D	PTS:	1

	22.	ANS:	E	PTS:	1

	23.	ANS:	D	PTS:	1

	24.	ANS:	E	PTS:	1

	25.	ANS:	D	PTS:	1

	26.	ANS:	C	PTS:	1

	27.	ANS:	C	PTS:	1

	28.	ANS:	B	PTS:	1

	29.	ANS:	D	PTS:	1

	30.	ANS:	A	PTS:	1