Question 1 1 pts

A reason tortfeasors are liable under civil law might best be described as:

Group of answer choices

The tortfeasor is better positioned than is the victim to prevent the injury or to insure against loss from the tort

Providing business for lawyers and insurance adjusters

Creating just another area of law requiring study by law students

Retribution

Flag question: Question 2 Question 2 1 pts

American tort law is based solely upon the common law as interpreted and applied by courts.

Group of answer choices

True

False

Flag question: Question 3 Question 3 1 pts

Any amount of force can be justified under the privilege of self-defense.

Group of answer choices

False

True

Flag question: Question 4 Question 4 1 pts

Battery requires proof of injury.

Group of answer choices

True

False

Flag question: Question 5 Question 5 1 pts

Generally, torts can be classified in these categories:

Group of answer choices

Intentional, statutory, constitutionally violative

Intentional, strictly liable, negligent conduct

Negligent, intentional, defective product

Negligent, intentional, volitional

Flag question: Question 6 Question 6 1 pts

If Dave intends to throw a rock at Sally and instead hits Paul, Paul can nevertheless bring an action for battery under the doctrine of transferred intent.

Group of answer choices

False

True

Flag question: Question 7 Question 7 1 pts

In prosecuting an action for civil assault, the plaintiff doesnt need to prove the existence of actual fear of an imminent offensive contact.

Group of answer choices

False

True

Flag question: Question 8 Question 8 1 pts

The difference between a trespass and a conversion is best understood as:

Group of answer choices

While a trespass addresses an interference with use and possession of an asset, a conversion addresses the dispossession of an asset

None; they both protect property interests

A trespass requires a physical intrusion upon an owners interest whereas a conversion entails only a virtual interference with an owners interest

None; there really is no difference in the elements of the two torts

Flag question: Question 9 Question 9 1 pts

The majority of all torts cases are settled by the parties before they go to trial.

Group of answer choices

False

True

Flag question: Question 10 Question 10 1 pts

The purpose of the discovery stage during a lawsuit is to permit the litigants to learn as much as possible about their claims and defenses in preparation for trial.

Group of answer choices

False

True

Flag question: Question 11 Question 11 1 pts

The tort of assault is best defined as:

Group of answer choices

Intentional placing of one in personal apprehension of harmful or offensive contact

Intentional placing of one in reasonable apprehension of an imminent harmful or offensive contact

Placing one in fear of an imminent or harmful or offensive contact

Placing one in reasonable apprehension of an imminent harmful or offensive contact

Flag question: Question 12 Question 12 1 pts

The tort rules imposing liability for intentional trespass to land or to personal property vindicate the land- or property-owners rights to ownership and use of those assets against interference by another.

Group of answer choices

False

True

Flag question: Question 13 Question 13 1 pts

Tort law is based in:

Group of answer choices

Federal statutes and the common law

Common law, statutes, and decisional law issued by courts

Statutes and decisional law issued by courts

State statutes and the common law

Flag question: Question 14 Question 14 1 pts

Tort liability may be imposed for which of the following injuries:

Group of answer choices

Bodily integrity or economic interests

Emotional well-being or property interests

None of the above

All of the above

Flag question: Question 15 Question 15 1 pts

Typically, the role of the jury in civil litigation is:

Group of answer choices

To make decisions about the applicable law and apply that law to the facts

To provide a jury of peers to resolve disputes

To render verdicts which do manifest justice and can survive on appeaL

To hear evidence and arrive at conclusions about the facts involved in the dispute

Flag question: Question 16 Question 16 1 pts

What are the elements of prima facie case of civil battery?

Group of answer choices

Harmful or offensive contact, with another, without consent

Intent, harmful or offensive contact, with another, without consent

Intent, harmful or offensive conduct, with another

Intent, harmful contact that causes an injury, with another, without consent

Flag question: Question 17 Question 17 1 pts

What is the primary function of the law of tort?

Group of answer choices

The punishment of a wrongdoer

The clarification of the human rights of parties

The spreading of losses throughout society

Compensating the claimant

Flag question: Question 18 Question 18 1 pts

What is the tort of conversion?

Group of answer choices

When a person permanently removes property from another without their consent

When a person intentionally enters someone elses property without permission

When a person changes someone elses property from one form to another

When a person causes a physical item, like a golf ball, to enter your property and causes damages

Flag question: Question 19 Question 19 1 pts

Which of the following is not an objective of the law of tort?

Group of answer choices

Deterrence

Imposition of moral blame

Compensation

Corrective justice

Flag question: Question 20 Question 20 1 pts

Words can constitute assault.

Group of answer choices

False

True