True/False
Indicate whether the
statement is true or false.
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1.
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Most states still follow the common law rule that
children of tender years are immune from intentional tort liability.
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2.
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Most courts grant absolute immunity to children of
tender years for their negligent actions.
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3.
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Statutes of limitations can provide absolute tort
immunity for a defendant if a plaintiff does not file his or her lawsuit within a certain time
period.
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4.
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Over the past twenty years,
many state courts and legislatures have abolished or significantly limited sovereign
immunity.
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5.
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All public officials are immune from
torts.
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6.
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Governments are immune from tort liability for
proprietary actions.
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7.
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In many jurisdictions, children of tender years can
be held liable for their negligent behavior.
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8.
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Governmental functions often include public
provision of police, fire, and ambulance services.
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9.
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If the government charges a fee for a service, it
is usually considered governmental.
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10.
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Under the pecuniary benefit test, governments
provide services for profit but are immune from tort liability.
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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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The governmental/proprietary distinction is used by
some courts in cases involving
a. | Sovereign immunity. | b. | Products liability. | c. | Public
nuisance. | d. | Intentional torts. | e. | None of the above. |
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12.
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Proprietary actions are those that
a. | Are not immune from tort
liability. | b. | Are business-like
activities engaged in by the Government. | c. | Often include the
provision of utility services. | d. | All of the
above. | e. | None of the
above. |
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13.
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Governmental actions are those that
a. | Governments perform when they provide certain public
protection services. | b. | Are immune from
tort liability. | c. | Are not immune
from tort liability. | d. | Both A and
B. | e. | Both B and C. |
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14.
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Which of the following tests are sometimes applied
to distinguish governmental from proprietary activities?
a. | Reasonable personal standard. | b. | Fee standard. | c. | Pecuniary benefit
standard. | d. | Both A and B. | e. | Both B and C. |
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15.
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Which public officials are usually given absolute
immunity from tort liability while performing their public duties?
a. | Legislators and politicians. | b. | Judges and legislators. | c. | Judges and
police. | d. | All governmental employees. | e. | None of the above. |
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16.
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Which of the following best illustrates the
successful use of public immunity?
a. | Superior court judge Carl Heinrich ordered an attorney,
Cyprus Telldale, to be jailed for making too many objections during trial, claiming they were
attempts to disrupt the jury’s concentration. Cyprus sued Heinrich for false
imprisonment. | b. | Mayor Victoria St.
Beret was arrested for driving under the influence of alcohol. | c. | State legislature Kimberly Cravetz stated during a committee hearing that
members of a lobby group, defenders of decency, (DOD), which opposed her bill, were “just
another bunch of extremists trying to grab the spotlight.” DOD sued Cravetz for defamation.
| d. | Both A and B. | e. | Both A and C. |
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17.
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Which of the following is the best illustration of
governmental immunity?
a. | The county’s failure to provide 911 emergency
telephone dispatch service between the hours of midnight and 6 a.m. | b. | The city police beating up a suspect in the street. | c. | The state police stopping only out-of-state drivers for traffic
violations. | d. | The county
prosecutor offering reduced sentencing to criminal defendants in exchange for stolen
goods. | e. | None of the
above. |
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18.
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Which of the following best illustrates the
children of tender year’s immunity?
a. | Mark, age 10, throws a Ninja sword at Rebekah, age 6,
injuring her leg. | b. | Anna, age 2-1/2,
shoots a BB-gun at Wesley, age 8, wounding his chest. | c. | Samantha, age 1-1/2, hits Daniel, age 5, in the head with a frying
pan. | d. | Both A and B. | e. | Both B and C. |
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19.
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“The king can do no wrong” refers
to
a. | Public nuisances. | b. | Negligence per se. | c. | Sovereign
immunity. | d. | Statutes of limitations. | e. | None of the above. |
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20.
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In negligence cases, a young child’s age
a. | Makes it impossible for the child to be considered
negligent. | b. | Is only one factor
in considering the child’s negligence. | c. | Is irrelevant to
negligence. | d. | Makes the child
absolutely immune from intentional torts. | e. | None of the
above. |
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