Torts Overview And Intentional Torts

76 Questions | Total Attempts: 510

SettingsSettingsSettings
Practice Test Quizzes & Trivia

Practice Quiz for torts


Questions and Answers
  • 1. 
    Describe actual causation in a torts case.
  • 2. 
    What is proximate causation in terms of a general tort case?
  • 3. 
    What are two things a defendant can do, if they wish, to win a torts case?
  • 4. 
    Describe the test for negligence per se known as the class-of-persons/class-of-risk   
  • 5. 
    Plaintiff was walking down the street thinking about his great promotion. He stops underneath a flour shop. The flour shop is on the 4th floor and uses a levy to lift the heavy barrels of flour. While the plaintiff is ruminating, he is hit on top of the head with a barrel and suffers a serious concussion. When the plaintiff brings his case to court, how can he argue that the defendant is liable for negligence?
  • 6. 
    (Please separate your answer with a comma.) What are the four elements of torts?
  • 7. 
    A legal entitlement to sue someone is __ ________ ____ __________.
  • 8. 
    When a plaintiff can prove all elements for a cause of action, the plaintiff has a ____ ______ case.
  • 9. 
    A defendant doesn't have to do anything in order to win a case.
    • A. 

      True

    • B. 

      False

  • 10. 
    In order to establish intent in a torts case, the plaintiff must prove that the defendant had (a) ________ to cause the consequences of his act, or (b) _______ that the consequences are certain to result from it.
    • A. 

      Intent; believes

    • B. 

      Motive; believes

    • C. 

      Did not intend to; does not believe

    • D. 

      Desire; believes

  • 11. 
    Motive is usually irrelevant on the issue of liability.
    • A. 

      True

    • B. 

      False

  • 12. 
    (Please separate answers with a comma.) _______ is the desire to cause certain immediate consequences; _______ is the actor’s reason for having that desire.
  • 13. 
    If the harm was intended the tort is considered ___________.
  • 14. 
    If D did not intend to cause harm, the tort is considered n__________ or r____________ depending upon the magnitude and probability of the risk and D’s consciousness of it.
  • 15. 
    Children are not capable of committing intentional torts.
    • A. 

      True

    • B. 

      False

  • 16. 
    In most jurisdictions, a mentally incompetent or insane person is liable for his intentional torts, even when incapable of forming a purpose or understanding the consequences of his conduct.
    • A. 

      True

    • B. 

      False

  • 17. 
    If D trespasses on land, and then during that trespass assaults the true owner, will a court find that D had intent to assault the true owner?
    • A. 

      Yes

    • B. 

      No

  • 18. 
    If D shoots a gun at A, but instead of hitting A the bullet ricochets off of a mirror and injures B, will the court find that D had intended to injure B?
    • A. 

      Yes

    • B. 

      No

  • 19. 
    An intentional infliction of a harmful or offensive touching of a person is known as __________.
  • 20. 
    (Please separate your answer with a comma.) The five elements of battery are a___, i_______, c_____________,t__________, h________ or o___________.
  • 21. 
    If D intends to effect a b_______ or a  a__________ intent has been established.
  • 22. 
    The D must actually touch the victim to constitute battery.
    • A. 

      True

    • B. 

      False

  • 23. 
    If Saw laid an elaborate trap for one his victims, has battery occurred even though he did not actually touch his victim?
    • A. 

      Yes

    • B. 

      No.

  • 24. 
    If D, out of anger that P slept with her boyfriend, smashes a baseball bat into the rear window of P's car, while P is in it, has D touched P in terms of battery?
    • A. 

      Yes.

    • B. 

      No

  • 25. 
    Russell Crowe walks up to Lindsay Lohan and pokes her because she has forgotten her lines again. Can Lindsay Lohan sue for battery?
    • A. 

      Yes.

    • B. 

      No.

Back to Top Back to top