51) Which of the following is true about conversion and trespass to personalty?
A) Intentionally entering the land of another without permission constitutes conversion.
B) A person who takes another’s personal property without permission and returns it unharmed
after a short duration has committed conversion.
C) Permanent removal of property from the owner’s possession is considered as trespass to
personalty.
D) Trespass to personalty occurs when one intentionally interferes with another’s use and
enjoyment of his or her personal property.
52) Which of the following is an intentional tort against property?
A) defamation
B) conversion
C) assault
D) false imprisonment
53) ________ refers to the intentional permanent removal of property from the rightful owner’s
possession and control.
A) Appropriation
B) False light
C) Disparagement
D) Conversion
54) Which of the following statements is true of trespass to realty?
A) A person is not guilty of trespass to realty if one did not know that the land belonged to
another.
B) A person is guilty of trespass to realty if the person causes an object to be placed adjacent to
the land he or she does not have permission to enter.
C) A person is not guilty of trespass to realty if he did not intend to be on a particular piece of
land which he had not been granted permission to enter.
D) A person is guilty of trespass to realty if he causes an object to be placed on the land of
another without the landowner’s permission.
55) Jennifer and Sandra were partners in a large petrochemical firm. A dispute arose between
them, and Sandra left the firm. Sandra set up a business as an oil producer, but she is constantly
underbid by Jennifer. Which of the following torts is Jennifer committing?
A) disparagement
B) misappropriation
C) conversion
D) unfair competition
56) Which of the following is an intentional tort against economic interests?
A) misappropriation
B) conversion
C) false light
D) defamation
57) In the context of intentional torts, intent is defined as a specific determination to cause harm
to the plaintiff.
58) The most common defense to a battery is self-defense.
59) If a statement is merely one of opinion and not a statement of a fact, it is not considered
defamatory.
60) In a case of slander, the plaintiff can recover damages without proving any special damages.
61) Public figures generally have access to the media and, therefore, need less protection than an
ordinary private citizen.
62) The plaintiff has to prove that the defendant made the defamatory statement with malice in
any defamation case.
63) Conditional privilege is provided to employers to encourage them to give honest assessments
of their former employees.
64) Invasion of privacy is known as the shopkeepers’ tort.
65) In most states, the plaintiff can recover damages for intentional infliction of emotional
distress even if there are no physical symptoms caused by the emotional distress.
66) If a person causes an object to be placed on the land of another without the landowner’s
permission, it is considered an instance of trespass to realty.
67) Only permanent removal of property from the owner’s possession and control constitutes
conversion.
68) Publication in the context of any kind of defamation action means communication to a third
party.
69) A plaintiff need not prove actual economic loss to recover damages in a disparagement case.
70) Explain the invasion of privacy tort. How does it vary based on the situation?
71) Explain the rationale behind the requirement of demonstrating physical harm to recover
damages in cases of intentional infliction of emotional distress.
72) Explain the difference between trespass to personalty and conversion with examples.
73) Which of the following is not an element a plaintiff must establish in order to prove
negligence?
A) willful wrongdoing
B) duty
C) breach of duty
D) damages
74) Which of the following is an element a plaintiff must establish in order to prove negligence?
A) purposeful action
B) intent
C) recklessness
D) causation
75) Courts typically use a(n) ________ standard to evaluate the duty the defendant owes the
plaintiff.
A) objective plaintiff
B) subjective plaintiff
C) reasonable man
D) reasonable person
76) The reasonable person standard is a(n) ________ standard.
A) subjective
B) objective
C) scientific
D) objectified
77) ________ cause exists if both the plaintiff and the type of injury incurred by the plaintiff are
foreseeable.
A) Consequential
B) Proximate
C) Remote
D) Perfunctory
78) Which of the following statements is true of the reasonable person standard used in a
negligence lawsuit?
A) The reasonable-person standard is highly subjective.
B) The judge or jury determines what a reasonable person would do in a particular situation.
C) The code of ethics followed by the defendant’s organization is used to determine the behavior
of a reasonable person in a particular situation.
D) The reasonable-person standard is used to establish causation.
79) Which of the following statements is true of negligence?
A) Negligence can result from the willful wrongdoing of a party.
B) If a business attempts to warn its customers about potential hazards, it cannot be considered
negligent.
C) Proximate cause exists if both the plaintiff and the type of injury incurred by the plaintiff are
foreseeable.
D) A party can bring an action in negligence seeking only nominal damages.
80) With the negligence per se doctrine, a plaintiff can use proof of the ________ as proof of
negligence.
A) invasion of privacy
B) disparagement
C) violation of the statute
D) appropriation
81) Which of the following is a legal doctrine that allows a judge or a jury to infer negligence on
the basis of the fact that accidents of the type that happened to the plaintiff generally do not
occur in the absence of negligence on the part of someone in the defendant’s position?
A) negligence per se
B) contributory negligence
C) comparative negligence
D) res ipsa loquitur
82) Which of the following is a legal doctrine that says when a statute has been enacted to
prevent a certain type of harm and the defendant violates that statute, causing that type of harm
to befall the plaintiff, the plaintiff may use proof of the violation as proof of negligence?
A) negligence per se
B) contributory negligence
C) comparative negligence
D) res ipsa loquitur
83) Which of the following refers to a defense to negligence that consists of proving that the
plaintiff did not exercise the ordinary degree of care to protect against an unreasonable risk of
harm and that this failure directly results in causing the plaintiff’s harm?
A) negligence per se
B) contributory negligence
C) comparative negligence
D) res ipsa loquitur
84) Which of the following refers to a defense to negligence that allocates recovery based on
percentage of fault allocated to plaintiff and defendant?
A) negligence per se
B) contributory negligence
C) comparative negligence
D) res ipsa loquitur
85) Which of the following statements is true of defenses to negligence?
A) Under the last-clear-chance doctrine, once the defendant establishes contributory negligence
on the part of the plaintiff, the plaintiff cannot recover damages.
B) The court determines the percentage of fault of the defendant under a contributory negligence
defense.
C) In a modified comparative negligence defense, the plaintiff can recover if the defendant is
more than 50 percent at fault.
D) The parties get to pick the most appropriate defense to negligence in a lawsuit.
86) Sean purchased a new car. One of the car’s wheels came undone, and Sean crashed into a
tree. Sean was not wearing his seatbelt when the car crashed. Sean filed a lawsuit against the car
manufacturer. Which of the following statements is true in this scenario?
A) Sean assumed the risk as he was not wearing a seatbelt.
B) The car manufacturer is guilty of a strict liability tort.
C) Assumption of the risk is not a valid defense against Sean, as he could not have known that
the wheel would become detached.
D) The car manufacturer can win the lawsuit by establishing the negligence per se doctrine.
87) Which of the following can be used as a defense in a negligence case?
A) assumption of the risk
B) disparagement
C) appropriation
D) conversion
88) Actual cause is a factual matter of whether the defendant’s conduct resulted in the plaintiff’s
injury.
89) A party can bring an action in negligence seeking only nominal damages.
90) Pure comparative negligence requires the defendant to be more than 50 percent at fault
before the plaintiff can recover.
91) Explain how comparative negligence can be used as a defense to negligence.
92) Under ________ liability theory, the defendant is engaged in an activity that is so inherently
dangerous under the circumstances of its performance that no amount of due care can make it
safe.
A) negligence
B) contributory
C) strict
D) comparative
93) Which of the following is an incorrect statement regarding an activity associated with the
application of strict liability theory?
A) It is inherently dangerous.
B) No amount of due care can make it safe.
C) It has no social utility.
D) The law does not desire to prohibit it entirely.
94) Which of the following is an incorrect statement regarding an activity associated with the
application of strict liability theory?
A) The law allows people to engage in such an activity.
B) The law determines liability for such an activity based on the defendant’s negligence.
C) Inherently dangerous activities include blasting in a populated area.
D) Inherently dangerous activities include keeping non-domesticated animals.
95) While hiking in a national park, Gustavo found an injured wolf. He took the wolf home and
nursed it back to health over the course of six months. Gustavo found the wolf to be “man’s best
friend,” with a calm and receptive demeanor; however, one day while visiting Gustavo, Felicia
was severely injured when it attacked her. If Felicia sues Gustavo for her injuries, what is the
most likely outcome of the case?
A) Gustavo is not liable to Felicia, since he was a “Good Samaritan” in rescuing the animal.
B) Gustavo is not liable to Felicia, since he had domesticated the animal.
C) Gustavo is liable to Felicia for an intentional tort, since he purposefully brought the inherently
dangerous animal home.
D) Gustavo is liable to Felicia for a strict liability tort, since he kept a non-domesticated animal
at his home.
96) One day while watching soccer on television in his home, Renaldo heard a large explosion
immediately followed by a large rock that crashed through his living room window. When
Renaldo went outside to find the source of the explosion, he discovered that Dyno-Blast
Services, Inc. had been using dynamite to blast large rock outcroppings on the land next to his
house. Is Dyno-Blast Services, Inc. liable for the damage to Renaldo’s home?
A) yes, based on the commission of a strict liability tort
B) yes, based on an intentional tort
C) no, since Dyno-Blast Services, Inc. did not intend to harm Renaldo’s property
D) no, since there is no conclusive evidence that Dyno-Blast Services, Inc. was negligent
97) Strict liability has had perhaps its greatest impact on cases involving ________ that are
considered ________ dangerous.
A) products; unreasonably
B) products; presumptively
C) services; unreasonably
D) services; presumptively
98) Which of the following best describes a strict liability tort?
A) publication of a false statement that is harmful to the plaintiff’s reputation
B) a purposeful action that can harm the plaintiff
C) an action that is so inherently dangerous that no amount of due care can make it safe
D) taking actions that would lead observers to make false assumptions about a person
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99) Which of the following is an example of an activity that can give rise to a strict liability tort?
A) driving a car on a mountain road
B) opening a new restaurant
C) hiring an employee who is serving a contract with a competitor
D) using explosives to enlarge streets in a residential area
100) Which of the following statements is true about the willingness of foreign courts to enforce
U.S. tort judgments?
A) Courts in several nations, including Germany and England, have ruled that punitive damage
awards violate their public policy interest in maintaining a purely compensatory tort system.
B) Germany and England are the only two countries whose courts have agreed to enforce U.S.
punitive damages awards.
C) Foreign courts have demonstrated a willingness to support awards of punitive damages, but
they have refused to enforce the awards of nominal and compensatory damages.
D) All foreign courts have demonstrated a willingness to enforce all U. S. tort judgments,
including judgments for punitive, nominal, or compensatory damages.