Question 1
Novices in a profession are held to a lower standard of care than their more
experienced counterparts.
True
False
2 points
Question 2
One of the reasons behind a pretrial conference is to clarify the issues and defenses
to be raised at trial.
True
False
2 points
Question 3
The purpose of the blood feud in early societies was compensation for the victim.
True
False
2 points
Question 4
Intervening causes relieve defendants of liability.
True
False
2 points
Question 5
Some feel that the rule regarding proximate cause that evolved from Palsgraf could
result in limitless liability.
True
False
2 points
Question 6
An attorney who is a certified criminal law specialist is held to a higher standard of
care when practicing criminal law than other attorneys who do not specialize in that
area.
True
False
2 points
Question 7
A possessor owes a duty to warn known trespassers of a hazard she/he knows is in
dangerous proximity to the trespassers if she/he believes the trespassers will not
discover the hazard or understand its dangerousness.
True
False
2 points
Question 8
A complaint must establish the basis for the court’s jurisdiction.
True
False
2 points
Question 9
In what way does the issue of false imprisonment arise in cases of suspected
shoplifting?
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Question 10
The Restatement is a set of guidelines created by the courts.
True
False
2 points
Question 11
The concerted action theory is a theory plaintiffs often resort to when there are
multiple defendants and causation is difficult to prove.
True
False
2 points
Question 12
A tenant is generally not liable for injuries that occur in the stairways or corridors of
a building in which he/she is a tenant.
True
False
2 points
Question 13
If a party fails to respond to a request for admissions, those matters within that
request will be deemed admitted at trial.
True
False
2 points
Question 14
A tavern owner who sells liquor to an obviously intoxicated individual may be liable
for injuries inflicted by that individual.
True
False
2 points
Question 15
An action in trespass requires a showing of blameworthiness or fault on the part of
the defendant while a trespass on the case does not.
True
False
2 points
Question 16
Under what circumstances might a plaintiff injured by a defective product use the
market-share liability theory? How could this theory benefit the plaintiff?
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2 points
Question 17
To be held liable for the tort of infliction of mental distress, the defendant’s conduct
must be considered intolerable in any civilized society.
True
False
2 points
Question 18
A defendant who violates a statute and, as a result, injures a plaintiff is
automatically negligent per se.
True
False
2 points
Question 19
A plaintiff who was contributorily negligent probably may not rely on the doctrine of
res ipsa loquitur
True
False
2 points
Question 20
Why might a plaintiff want to resort to the doctrine of res ipsa loquitur?
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Question 21
Most states have retained trespass on the case as a cause of action today
True
False
2 points
Question 22
Why is the direct causation rule criticized by some?
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Question 23
What is one argument a tenant might make to support his/her contention that a
landlord has an obligation to provide tenants some security against criminal attack
by third parties?
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2 points
Question 24
To rebut a motion for summary judgment, a party must merely allege that a factual
dispute does indeed exist.
True
False
2 points
Question 25
Some intentional torts are crimes as well.
True
False
2 points
Question 26
“Slippery slope” arguments reflect administrative concerns of courts.
True
False
2 points
Question 27
Whether conduct is reasonable is alwas difficult to determine.
True
False
2 points
Question 28
To be held liable for an intentional tort, the defendant must be shown to have
intended to harm the plaintiff.
True
False
2 points
Question 29
The transferred intent doctrine is generally applicable in cases of false
imprisonment and infliction of mental distress.
True
False
2 points
Question 30
The philosophy underlying res judicata is that everyone must be given ample
opportunity to make arguments before the courts.
True
False
2 points
Question 31
The question of actual cause is a question of foreseeability.
True
False
2 points
Question 32
Ignorance of the law is an excuse under the reasonable person standard.
True
False
2 points
Question 33
Proximate cause reflects a judicial concern that defendants’ liability should be
limited at some point.
True
False
2 points
Question 34
In what way is the concept of vicarious liability implicated in the respondeat
superior doctrine?
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2 points
Question 35
Why are some people critical of the but-for test?
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Question 36
A university owes no duty of care to its students to protect them from harm.
True
False
2 points
Question 37
A plaintiff must be aware of a battery but need not have any awareness of an
assault in order to recover.
True
False
2 points
Question 38
A verification must always accompany a complaint.
True
False
2 points
Question 39
What is the difference between a general verdict and a special verdict?
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2 points
Question 40
In tort law, duties are imposed by law rather than by being voluntarily assumed by
the parties.
True
False
2 points
Question 41
In what sense have we come full circle in tort law in terms of assigning fault?
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Answer
1. True
2. True
3. False (The purpose was vengeance or deterrence, not compensation.)
4. True
5. True
6. True
7. True
8. True
9. False (This may require clarification with your specific case examples.)
10. False (The Restatements are created by legal scholars, not courts.)
11. True
12. True
13. True
14. True
15. False (Both require showing blameworthiness or fault.)
16. Plaintiffs might use market-share liability when multiple manufacturers produced a
harmful product, and the specific source cannot be identified. This benefits the
plaintiff by distributing liability across all producers proportionate to their market
share.
17. True
18. False (Negligence per se is not automatic; the violation must cause harm the statute
intended to prevent.)
19. True
20. Plaintiffs use res ipsa loquitur to infer negligence from the nature of an accident
that would not usually occur without negligence.
21. False (Trespass on the case is rarely used today.)
22. Criticism includes the arbitrary nature of determining causation and its potential
for excessive liability.
23. A tenant might argue that landlords are aware of foreseeable risks of criminal acts
and have a duty to mitigate them.
24. False (They must show concrete evidence of the factual dispute.)
25. True
26. True
27. True
28. False (Intentional tort liability doesn’t always require intent to harm.)
29. False (The doctrine primarily applies to intentional physical torts like battery or assault.)
30. True
31. False (Foreseeability relates more to proximate cause than actual cause.)
32. False (Ignorance is not an excuse.)
33. True
34. The respondeat superior doctrine assigns liability to employers for employees'
actions performed within the scope of employment.
35. Critics argue the but-for test is too broad and includes causation that is too remote.
36. False (Universities owe a duty of reasonable care in certain situations.)
37. True
38. False (Complaints don’t always require verification.)
39. A general verdict decides on all issues broadly, while a special verdict requires
specific findings on each issue.
40. True
41. Tort law has evolved to sometimes impose fault even when none is apparent, like
strict liability.
42. True
43. True
44. True
45. Some argue risks should be allocated to parties best positioned to prevent harm.
46. False (A demurrer argues that even if allegations are true, they do not constitute a legal
claim.)
47. The plaintiff must prove: (1) the accident typically doesn’t occur without negligence,
(2) the defendant had exclusive control, and (3) no plaintiff’s action contributed.
48. True
49. False (Market-share liability might apply in some cases.)
50. True
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Question 42
The plaintiff has the burden of proving his/her case by a preponderance of the
evidence.
True
False
2 points
Question 43
Some courts have abandoned the common law classifications when determining the
duty owed by a landowner.
True
False
2 points
Question 44
The ideas of justice, fairness, and equality are the cornerstones of public policy
concerns.
True
False
2 points
Question 45
What is one argument regarding the allocation of risks in reference to tort law?
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2 points
Question 46
A demurrer is a motion stating that the court in which the complaint was filed lacks
jurisdiction.
True
False
2 points
Question 47
What three things would a plaintiff who wanted to use the doctrine of res ipsa
loquitur have to prove?
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Question 48
An extension of the Cardozo rule is the “eggshell skull” rule.
True
False
2 points
Question 49
A plaintiff who is unable to prove which of several defendants caused her injuries
will not be able to prove negligence.
True
False
2 points
Question 50
A police officer can be held liable for false imprisonment if he unlawfully arrests
someone even if he/she does so in good faith.
True
False
