Tort Law Chapter 8 Quiz

Name:

True/False
Indicate whether the statement is true or false.

Self-defense is the exercise of reasonable force to repel an attack upon one’s person or to avoid confinement.

Defense of property must be authorized by a statute or ordinance to be a legal justification.

Rightful repossession permits a creditor to file a lien against a debtor.

Consent is a defense to all intentional torts.

Mistake is a good faith belief that one can commit torts with impunity.

Privilege is sometimes considered a broad category encompassing all intentional tort defenses.

Necessity allows a tortfeasor to commit an intentional tort to prevent more serious injury from an external force.

Public officials are immune from all intentional torts.

Citizens may not make warrantless arrests.

10.

Worker’s Compensation is a form of insurance.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

Self-defense includes all of the following elements except

a.	Use of reasonable force.
b.	Countering an attacking force.
c.	Force necessary to prevent bodily injury, offensive contact, or confinement.
d.	A third party is threatened by an attacking force.
e.	All of the above are elements of self-defense.

12.

Defense of persons or property is best illustrated by which of the following examples?

a.	Paula is operating a compressing machine. Jenny accidentally drops her wedding ring into the compression chamber. Jenny shouts to Paula to stop the machine, but Paula ignores Jenny’s plea. Jenny runs over to press the machine’s emergency stop button, knocking Paula aside in the process.
b.	Steve spots a bank robbery. Running across the street to a tavern he telephones the police.
c.	Casi drives a delivery truck. As she was driving down the street, she saw a child step into the truck’s path. She swerved, crashing into Lila’s parked car.
d.	Karen sees a fire in a pharmacy after closing hours. She breaks open the door and puts of the fire with the extinguisher she carries in her truck.
e.	None of the above illustrates this defense.

13.

Rightful repossession is most often a defense to which of the following intentional torts?

a.	Invasion of privacy.
b.	Trespass to land.
c.	Defamation.
d.	All of the above.
e.	None of the above.

14.

Hot pursuit, in the defense of rightful repossession, means

a.	Filing a lawsuit under replevin.
b.	Legal justification to violate traffic laws while chasing a felon.
c.	A rapid chase as soon as possible after the owner discovers that his or her chattel has been taken.
d.	This term does not apply to this defense.
e.	None of the above.

15.

Informed consent requires which of the following?

a.	The victim’s understanding of the consequences of the tortfeasor’s actions.
b.	Volenti non fit injuria.
c.	The victim’s voluntary acceptance of the tortfeasor’s conduct.
d.	Both A and B.
e.	Both A and C.

16.

Which of the following most often involves the defense of implied consent?

a.	Motor vehicle accidents.
b.	Fistfights.
c.	Attacks by wild animals.
d.	Emergency medical treatment.
e.	None of the above.

17.

The defense of mistake includes all of the following elements except:

a.	Use of reasonable force.
b.	Good faith conviction that one’s actions are justified.
c.	Belief based on false information.
d.	Conduct would ordinarily be considered tortiuous.
e.	All of the above are elements of defense.

18.

In tort litigation, privilege is best defined by which of the following?

a.	Right that the tortfeasor has to commit torts.
b.	Legal justification to engage in otherwise tortiuous conduct to achieve a socially compelling goal.
c.	Authority of governmental officials to commit torts against the public for the common good.
d.	Legal justification of leaders of the public to engage in torts to protect themselves from the government.
e.	None of the above.

19.

Which of the following examples best illustrates necessity?

a.	Karen sees a fire in pharmacy after closing hours. She breaks open the door and puts out the fire with the extinguisher she carries in her truck.
b.	Janet spots a cat in a tree. Running across the street to a library, she telephones the fire department.
c.	While watching a wrestling match, the fans sitting next to Deatra shouts expletives. Deatra hits him in the side to shut him up.
d.	While walking to class, Kim spots a piece of jewelry lying on the sidewalk. She takes it to the police station.
e.	None of the above.

20.

The public officer’s immunity for legal process enforcement is best illustrated by which of the following examples?

a.	Bob, the county clerk, mailed a plaintiff’s complaint and summons to the defendant, not knowing that the complaint contained defamatory remarks.
b.	Colleen, the bailiff, removed a boisterous spectator from court proceedings.
c.	Tanya, a deputy sheriff, shot the defendant’s dog that attacked her after she had entered the defendant’s land to serve a subpoena.
d.	Michael, a police officer, ticketed an automobile that was legally parked.
e.	None of the above.

21.

Which of the following statements is accurate?

a.	Ordinary citizens have no authority to make arrests.
b.	Police officers who make warrantless arrests are always liable for the intentional torts they commit.
c.	Citizens who make warrantless arrests are always liable for the intentional torts they commit.
d.	Police officers and citizens are never liable for the intentional torts they commit while making warrantless arrests.
e.	None of the above.

22.

Worker’s Compensation

a.	Is a retirement program.
b.	Is a system based upon fault.
c.	Provides for injuries that do not occur at work.
d.	Provides cash benefits and medical care for workers injured on the job.

23.

Which of the following is an example of a statute of limitations?

a.	Filing a lawsuit within one month of the date of injury.
b.	Filing a motion to extend the time within which to file a responsive pleading.
c.	Filing an amended pleading.
d.	All of the above.
e.	None of the above.

24.

Which of the following may be used as a defense to false imprisonment?

a.	Self-defense.
b.	Consent.
c.	Defense of persons or property.
d.	All of the above.
e.	None of the above.

25.

Worker’s Compensation

a.	Allows employees to sue employers.
b.	Allows employers to sue employees who are injured.
c.	Bars suits against the employer.
d.	Bars suit against third parties.