QUESTION 1

1. Which of the following statements about torts is correct?

	a.	A tortious act is always a criminal act.
	b.	A criminal act is always a tortious act.
	c.	A tortious act may also be a criminal act.
	d.	A tortious act is the same as a contract dispute.

4 points

QUESTION 2

1. Zane does not see Xia as he pushes past her during a music concert to get closer to the stage. Xia is annoyed but not injured. Xia may

	a.	sue for damages under negligence.
	b.	not sue for damages because Zane did not see her.
	c.	sue for damages under an intentional tort.
	d.	not sue for damages because she was not injured.

4 points

QUESTION 3

1. Anders notices Shiloh appearing to pocket a bracelet in the jewelry department of the store where Anders works as a security guard. Anders takes Shiloh to his office and asks her to empty her pockets. Shiloh does and there is no bracelet. Anders is convinced the bracelet is somewhere on Shiloh's person, so he keeps Shiloh in his office without anything to drink or a restroom break for six hours. Shiloh may sue for

	a.	assault.
	b.	false imprisonment.
	c.	battery.
	d.	no tort.

QUESTION 7

1. Ashton, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Ashton was finally saved by Dontrell but suffered brain damage from being submerged during the ordeal. Ashton now sues Kelly for negligence for failing to try to save him. Ashton will

	a.	prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Ashton's injury.
	b.	lose because Kelly had no legal duty to rescue him.
	c.	lose because even though Kelly had a legal duty to save him, Ashton will not be able to prove that Kelly's failure to act was the proximate cause of his injuries.
	d.	lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

QUESTION 8

1. Alberto works in a fast-food restaurant. During one shift, the French fry basket falls down into the hot oil, causing the oil to splatter onto Alberto and cause burns because there is no splatter guard around the basket. Alberto sues the manufacturer and can argue

	a.	negligent design.
	b.	negligent manufacture.
	c.	failure to warn.
	d.	assumption of the risk.

QUESTION 10

1. Alexis tells Dalia that Dylan was convicted of armed robbery even though that is not true. This is

	a.	libel per se.
	b.	slander per se.
	c.	not defamation unless Dylan can prove an injury.
	d.	not defamation unless Alexis is in the legal profession.

QUESTION 12

1. To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following?

	a.	The defendant's lack of due care is supported by direct evidence.
	b.	The harm ordinarily would not occur in the absence of negligence.
	c.	The plaintiff had no role in causing the harm.
	d.	The defendant had exclusive control of the thing that caused the harm.

QUESTION 13

1. Tadeo is late for class and is rushing down the steps. He pushes against Darwin, who is in his way. Darwin stumbles and falls. Tadeo has committed

	a.	an assault.
	b.	a battery.
	c.	no wrong.
	d.	an imminent threat.

QUESTION 14

1. Shortly after Brian started to work at Trevit Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which of the following statements is correct?

	a.	Ann defamed Brian.
	b.	Ann committed the tort of trespass.
	c.	Ann committed the tort of slander.
	d.	Ann committed the tort of battery.

QUESTION 17

1. Rose is recovering from recent abdominal surgery and is suffering from intense pain. She has an MRI, which shows surgical gauze left in her abdomen. Rose may sue under

	a.	strict liability.
	b.	res ipsa loquitur.
	c.	product liability.
	d.	an intentional tort.

QUESTION 18

1. Most courts have adopted one of two tests for design and warning cases. What are these tests?

	a.	Consumer expectation and a risk-utility test
	b.	Contributory negligence and comparative negligence
	c.	Strict liability and product liability
	d.	Design defects and warning defects

QUESTION 20

1. One morning, Miles accidentally dropped a thumbtack on the chair of the office manager where he worked. The office manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which of the following statements is correct?

	a.	Miles's actions were negligent.
	b.	No tort has been committed.
	c.	Miles committed an intentional tort.
	d.	Miles is strictly liable.