True/False
Indicate whether the
statement is true or false.
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1.
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Trespass to chattel is the unlawful interference
with an owner’s right to use his or her personal property.
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2.
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Modern tort law traces its roots to medieval
China.
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3.
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A tort is a wrongful injury to a person or his or
her property.
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4.
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One purpose of tort law is to compensate victims by
holding tortfeasors accountable for causing injuries.
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5.
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Legally significant facts are those facts necessary
for a plaintiff to win his or her lawsuit against a defendant.
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6.
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Tort analysis should go from the general to the
specific.
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7.
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Intent to do harm is not required for
negligence.
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8.
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A tortfeasor is usually the plaintiff in a typical
tort lawsuit.
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9.
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Negligence is the failure to exercise due
care.
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10.
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The government, through its prosecutors, uses tort
law to punish violators who injure other persons or their property.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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A tort is:
a. | A French pastry | b. | A disagreement between two litigants | c. | A part of contract law | d. | None of the
above |
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12.
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The person committing a tort is
called:
a. | The tortor | b. | The torquere | c. | The
tortfeasor | d. | The
tortoise | e. | None of the above |
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13.
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All of the following are intentional torts
except:
a. | Battery | b. | Negligence | c. | Fraud | d. | Defamation | e. | All of the above
are intentional torts |
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14.
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The first main paper 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 |
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15.
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Instead of a formal court trial, parties to a
dispute are now opting for Alternate 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 |
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16.
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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
issues |
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17.
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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 |
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18.
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Negligence could be defined as:
a. | The intentional injury of another person or his or her
property | b. | Liability regardless of fault of
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 |
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19.
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An example of strict liability is:
a. | Battery | b. | Conversion | c. | Negligence | d. | Slander | e. | Products
liability |
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20.
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Modern tort law originated from the __________
Common Law?
a. | Italian | b. | Irish | c. | German | d. | English | e. | African |
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21.
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The Answer 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 |
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22.
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When a lawsuit is decided by someone other than a
judge and the decision is binding, this is called:
a. | A pretrial | b. | Mediation | c. | Arbitration | d. | None of the
above |
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23.
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In 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 for the parties which are binding | d. | None of the
above |
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24.
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In a rent-a-judge proceeding:
a. | The parties decide is 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. |
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25.
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When a defendant brings a claim against the
plaintiff, this is called:
a. | A counterclaim | b. | A complaint | c. | An
answer | d. | None of the above |
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