QUESTION 1  

Under the doctrine of____, an employer will be liable for the negligence of an employee committed while the employee is acting in the scope of his employment.

• respondeat superior

• res ipsa loquitur

• worker's compensation

• comparative negligence

QUESTION 2

Which of the following is most likely to be a tort action? NOTE: You do not need to know what these cases are about. Think about what is the difference between civil and criminal law.

• People v. Eichman

• State v. Manson

• Ginsburg v. Rehnquist

• Miranda v. Arizona

QUESTION 3  

Which of the following is not an element of negligence?

• causation

• standard of care

• intant

• injury

QUESTION 4  

The most common arrangement for attorney's fees in personal injury suits is:

• a retainer

• hourly rates

• a contingency fee

• fixed fee

QUESTION 5  

___________ is a complete defense for a suit for negligence in states applying this principle.

• Comparative negligence

• Contributory negligence

• assigned risk

• exemption

QUESTION 6  

With intentional torts,_______ damages are sometimes awarded in addition to compensatory damages

• money

• punitive

• nominal

• non-exemplary

QUESTION 7

The Vegas perfomer brings the white tigers home each evening. Although he has secured his property and the animals, the neighbor gets bitten. Which theory of liability will the neighor allege in her complaint?

o Negligence

o Strict Liability

o Intentional battery and assault

o Involuntary battery

QUESTION 8  

The burden of proof switches from the plaintiff to the defendant under the doctrine of ___.

• respondent superior

• collateral estoppel

• res ipsa loquitur

• all of the above

QUESTION 9  

Self defense will excuse all actions of battery.

• True  

• False  

QUESTION 10  

The same situation can give rise to criminal charges and a tort cause of action.

• True  

• False  

QUESTION 11  

A husband can sue a tortfeasor for loss of consortium even if he wasn't injured directly by the tortfeasor.

• True  

• False  

QUESTION 12  

The reimbursement of actual damages suffered (i.e. medical bills, loss income, etc) are called

• Punitive damages

• Hedonic damages

• realistic damages

• compensatory damages

QUESTION 13  

To bring an action in tort, all the plaintiff has to do is allege that she has suffered damages.

• True  

• False  

QUESTION 14  

A plaintiff could be awarded $1 million in punitive damages and $6 in nominal damages.

• True  

• False  

QUESTION 15  

The best defense to a tort action is

• statute of limitations has run

• consent

• assumption of the risk

• cross or counter claim

QUESTION 16  

Point a gun at someone and telling them you are going to shoot could give rise to which cause of action in tort?

• intentional infliction of emotional distress

• assault

• battery

• both intentional infliction of emotional distress and assault.

QUESTION 17  

The purpose of tort law is to right a harm against society

• True  

• False  

QUESTION 18  

A jury will determine what the definition of "reasonable" behavior is.

• True  

• False  

QUESTION 19  

A parachutist is injured and sues the pilot of the plane. The pilot of the plane will raise the defense of

• privilege

• necessity

• assumption of the risk

• contibutory negligence

QUESTION 20  

An attorney representing an injured party (the plaintiff) in a lawsuit will be paid _____

• only if  the plaintiff wins

• an agreed upon percentage of the plaintiff's award

• nothing if the plaintiff does not recover

• all of the above