True/False
Indicate whether the
statement is true or false.
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1.
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Trespass to chattel is 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 a
person’s 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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11.
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One of the public policy objectives in tort law is
compensating victims by holding
tortfeasors responsible for their acts.
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12.
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Tort law is largely composed of a set of maximum
standards of conduct.
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13.
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Another public policy objective of tort law is to
allocate losses among different participants.
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14.
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The unique elements to a tort are duty, breach of
duty, conclusions, and damages.
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15.
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The majority of legal cases are resolved through a
formal court trial.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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16.
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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. |
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17.
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The person committing a tort is called
the
a. | tortor. | b. | torquere. | c. | tortfeasor. | d. | tortoise. | e. | none of the
above. |
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18.
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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. |
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19.
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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. |
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20.
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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. |
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21.
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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 the
issues. |
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22.
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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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23.
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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. |
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24.
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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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25.
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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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26.
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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. |
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27.
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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. |
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28.
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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 |
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29.
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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. |
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30.
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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. |
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