BUL3310 PRACTICE TEST QUESTIONS
WITH VERIFIED ANSWERS – UPDATED!!
Which of the following theories of liability does not involve wrongdoing by the
defendant?
Negligence
Intentional torts
Duress
Strict liability - Answer-Strict liability
An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering.
True
False - Answer-True
The famous American case that established that a defendant can be liable in
negligence only for those damages that are foreseeable is?
Roe v Wade
Marbury v. Madison
Plessey v Fergerson
Palsgraph v Long Island Railroad Co. - Answer-Palsgraph v Long Island Railroad Co.
A duty is a legal obligation imposed by law or voluntarily assumed by promise.
True
False - Answer-True
The greater the risk in a situation, the higher the duty of care.
True
,False - Answer-True
Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission,
an agent from Big Ad Agency took a picture of them as they slept and used it in a full-
page ad in a national magazine. The agency had superimposed an image of a man in a
business suit, working on a laptop, sitting next to them. The caption read "Our Brokers
Never Sleep." Pam and Sam could sue Big Ad for?
Public nuisance
Invasion of the right to privacy
Slander
Private nuisance - Answer-Invasion of the right to privacy
All property other than land is classified as:
(select all the answer options that are correct)
Res ownership
Res personam
Chattel
General intangibles - Answer-Chattel
Under which doctrine will a plaintiff who contributed to his or her own injuries recover
nothing from a negligent defendant?
Contributory negligence
Modified comparative negligence
None of the above: an injured plaintiff will recover some amount in any case in which
defendant's negligence is proved.
Pure comparative negligence - Answer-Contributory negligence
Mary saw two boys swimming across a river she knew had a deep and dangerous
channel. She did not warn the boys or try to stop them. If one of the boys were injured,
could Mary be sued for negligence?
Yes, because all adults have a duty of care to all minors
,No, because Mary had no duty of care to the boys
Yes, because she owed them an enforceable moral duty
Yes, because the danger to the boys was foreseeable - Answer-No, because Mary had
no duty of care to the boys.
Which of the following describes the duty of a landowner to a trespasser under the
common law?
The duty to warn of obvious dangers
The duty not to entrap the trespasser on the premises
The duty to make certain that the premises are absolutely safe
The duty to warn of hidden dangers - Answer-The duty not to entrap the trespasser on
the premises.
Under traditional rules of privity, a customer who bought a product that was defectively
manufactured could sue either the merchant who sold the product or the manufacturer
who created the defect.
True
False - Answer-False
Strict liability is also called "absolute liability" because there are no defenses that a
defendant can raise.
True
False - Answer-False
Trial witnesses cannot be sued for defamation because the testimony of witnesses in
trial is protected by?
Immunity
Qualified privilege
Judicial exception
Absolute privilege - Answer-Absolute privilege
, Erin, an employee of Bob`s Construction Co., has a non-compete agreement with Bob
that prevents her from working for any of his competitors for 3 years after she leaves his
employment. Connie, a competitor of Bob`s, is aware of the non-compete agreement
between Bob and Erin. Connie offers to pay Erin 25% more than she is currently making
with Bob, if she will come to work with her. Erin quits working for Bob. Bob loses several
clients as a result of Erin leaving. What tort, if any, has Connie committed?
Connie committed the tort of intentional interference with a contract.
Connie committed the tort of quiche.
Connie breached the non-compete agreement.
Connie committed the tort of negligence while hiring Erin. - Answer-Connie committed
the tort of intentional interference with a contract.
Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property
damages caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do
not have the money to pay for their share of the damages. The only solvent defendant is
Dan. The most that Dan will have to pay the plaintiff is?
100,000
25,000
75,000
50,000 - Answer-100,000
Which of the following statements is true about the use of the reasonable person
standard in negligence cases?
(select all the answer options that are correct)
The reasonable person is presumed to have a minimum level of knowledge and
common sense.
The reasonable person of the standard takes on the physical characteristics of the
defendant.
The reasonable person standard is based on adults over 30.
The standard of care for the reasonable person would be less stringent in emergency
situations. - Answer-The reasonable person is presumed to have a minimum level of
knowledge and common sense.
WITH VERIFIED ANSWERS – UPDATED!!
Which of the following theories of liability does not involve wrongdoing by the
defendant?
Negligence
Intentional torts
Duress
Strict liability - Answer-Strict liability
An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering.
True
False - Answer-True
The famous American case that established that a defendant can be liable in
negligence only for those damages that are foreseeable is?
Roe v Wade
Marbury v. Madison
Plessey v Fergerson
Palsgraph v Long Island Railroad Co. - Answer-Palsgraph v Long Island Railroad Co.
A duty is a legal obligation imposed by law or voluntarily assumed by promise.
True
False - Answer-True
The greater the risk in a situation, the higher the duty of care.
True
,False - Answer-True
Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission,
an agent from Big Ad Agency took a picture of them as they slept and used it in a full-
page ad in a national magazine. The agency had superimposed an image of a man in a
business suit, working on a laptop, sitting next to them. The caption read "Our Brokers
Never Sleep." Pam and Sam could sue Big Ad for?
Public nuisance
Invasion of the right to privacy
Slander
Private nuisance - Answer-Invasion of the right to privacy
All property other than land is classified as:
(select all the answer options that are correct)
Res ownership
Res personam
Chattel
General intangibles - Answer-Chattel
Under which doctrine will a plaintiff who contributed to his or her own injuries recover
nothing from a negligent defendant?
Contributory negligence
Modified comparative negligence
None of the above: an injured plaintiff will recover some amount in any case in which
defendant's negligence is proved.
Pure comparative negligence - Answer-Contributory negligence
Mary saw two boys swimming across a river she knew had a deep and dangerous
channel. She did not warn the boys or try to stop them. If one of the boys were injured,
could Mary be sued for negligence?
Yes, because all adults have a duty of care to all minors
,No, because Mary had no duty of care to the boys
Yes, because she owed them an enforceable moral duty
Yes, because the danger to the boys was foreseeable - Answer-No, because Mary had
no duty of care to the boys.
Which of the following describes the duty of a landowner to a trespasser under the
common law?
The duty to warn of obvious dangers
The duty not to entrap the trespasser on the premises
The duty to make certain that the premises are absolutely safe
The duty to warn of hidden dangers - Answer-The duty not to entrap the trespasser on
the premises.
Under traditional rules of privity, a customer who bought a product that was defectively
manufactured could sue either the merchant who sold the product or the manufacturer
who created the defect.
True
False - Answer-False
Strict liability is also called "absolute liability" because there are no defenses that a
defendant can raise.
True
False - Answer-False
Trial witnesses cannot be sued for defamation because the testimony of witnesses in
trial is protected by?
Immunity
Qualified privilege
Judicial exception
Absolute privilege - Answer-Absolute privilege
, Erin, an employee of Bob`s Construction Co., has a non-compete agreement with Bob
that prevents her from working for any of his competitors for 3 years after she leaves his
employment. Connie, a competitor of Bob`s, is aware of the non-compete agreement
between Bob and Erin. Connie offers to pay Erin 25% more than she is currently making
with Bob, if she will come to work with her. Erin quits working for Bob. Bob loses several
clients as a result of Erin leaving. What tort, if any, has Connie committed?
Connie committed the tort of intentional interference with a contract.
Connie committed the tort of quiche.
Connie breached the non-compete agreement.
Connie committed the tort of negligence while hiring Erin. - Answer-Connie committed
the tort of intentional interference with a contract.
Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property
damages caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do
not have the money to pay for their share of the damages. The only solvent defendant is
Dan. The most that Dan will have to pay the plaintiff is?
100,000
25,000
75,000
50,000 - Answer-100,000
Which of the following statements is true about the use of the reasonable person
standard in negligence cases?
(select all the answer options that are correct)
The reasonable person is presumed to have a minimum level of knowledge and
common sense.
The reasonable person of the standard takes on the physical characteristics of the
defendant.
The reasonable person standard is based on adults over 30.
The standard of care for the reasonable person would be less stringent in emergency
situations. - Answer-The reasonable person is presumed to have a minimum level of
knowledge and common sense.
