Test Bank For Tort Law, 7th Edition by J. Stanley Edwards, J.D.Traci L. Cull, J.D, Answered

Test Bank For Tort Law, 7th Edition by J. Stanley Edwards, J.D.Traci L. Cull, J.D, Answered-1. Under all circumstances, those who create risks should bear the burden of injuries they create rather than those who fall prey to such injury. a. True b. False ANSWER: False 2. A tort is a civil wrong in which a victim is compensated in the form of damages for the injuries they suffer. a. True b. False ANSWER: True 3. Whether conduct is reasonable is sometimes difficult to determine. a. True b. False ANSWER: True 4. The ideas of justice, fairness, and equality are the cornerstones of public policy concerns. a. True b. False ANSWER: True 5. Understanding public policy is essential to tort law. a. True b. False ANSWER: True 6. ―Slippery slope‖ arguments reflect administrative concerns of courts. a. True b. False ANSWER: True 7. Issues of personal and public morality cannot be taken into consideration in tort law. a. True b. False ANSWER: False 8. If there is a statute that exists for a case, the judge is mandated to follow it. Page 2 a. True b. False ANSWER: True 9. The Restatement is a set of guidelines created by the courts. a. True b. False ANSWER: False 10. The Restatement has been adopted in all states. a, True b. False ANSWER: False 11. A tort is considered an offense against society. a. True b. False ANSWER: False 12. The purpose of suing under tort law is to punish the offender. a. True b. False ANSWER: False 13. There is no overlap between tort law and criminal law. a. True b. False ANSWER: False 14. The plaintiff in a tort case has the burden of proving their case by a preponderance of the evidence. a. True b. False ANSWER: True 15. Some actions can result in a criminal offense as well as a tort offense. a. True b. False ANSWER: True 16. In tort law, duties are imposed by law rather than by being voluntarily assumed or consented to by the parties. a. True Page 3 b. False ANSWER: True 17. In a tort action, the remedy is to compensate the prevailing party with the benefit of the bargain. a, True b. False ANSWER: False 18. The primary goal of the blood feud in early societies was compensation for the victim. a. True b. False ANSWER: False 19. An action in trespass requires a showing of fault on the part of the defendant while a trespass on the case does not. a. True b. False ANSWER: False 20. A plaintiff in a trespass on-the-case action must show injury and damage. a. True b. False ANSWER: True 21. A rise in negligence cases led to the disintegration of actions in trespass and trespass on the case actions. a. True b. False ANSWER: True Completion 22. is a tort in which no fault or intent must be shown. ANSWER: Strict liability 23. The burden of proof for a tort is preponderance of evidence while the burden of proof for a crime must be proven . ANSWER: beyond a reasonable doubt 24. In tort law, it is the interest that has been violated, while in criminal law, it is interest that has been violated. ANSWER: individual’s, society’s Page 4 25. Tort law looks to the to determine if an action is universally regarded as right or wrong. ANSWER: public morality 26. means that the use of an argument in one case can lead to the same argument in numerous other cases with no end in sight. ANSWER: Slippery slope argument 27. The is frequently cited and used to guide persons through the maze of tort law decisions. ANSWER: Restatement of Torts 28. The primary purpose of criminal law is while the primary purpose of tort law is ANSWER: punishment, compensation 29. A plea of by a defendant precludes any guilt from being used against them in a civil trial. ANSWER: nolo contender 30. In barbaric societies, the process used to remedy a wrong suffered by a member of the clan was by means of a(n) . ANSWER: blood feud