TORT LAW FINAL EXAM 2025
QUESTIONS AND ANSWERS
T/F Mandamus is a type of monetary damages for nuisance actions. - ANS False -
mandamus| (Latin) "We command." A writ of mandamus is a court order that directs a public
official or government department to do something.
T/F Common targets of public nuisance laws include nudist colonies. - ANS True - Common
targets of public nuisance laws include institutions devoted to (1) gambling, (2) prostitution, (3)
distribution of sexually explicit materials, (4) sale of alcohol, (5) nudist colonies, or (6) toxic
waste management.
T/F Videotape and computer animation are routinely used in accident reconstruction and for
settlement brochures. - ANS True - Videotape and computer animation are routinely used in
accident reconstruction, "day-in-the-life" documentaries, and settlement brochures.
T/F For the plaintiff to recover under strict products liability, the defective product must be
unreasonably dangerous. - ANS True - There are five elements of products liability, as
defined by most state courts or statutes: 1. The defect must render the product unreasonably
dangerous to use.
T/F An economist should be hired by the trial team to testify regarding a plaintiff's future
reduced earning capacity. - ANS True - The projected earnings potential is usually adjusted
for the victim's projected living expenses, had he or she survived. An economist is usually hired
as an expert witness to introduce this evidence at trial.
T/F Statutes of limitations can provide absolute tort immunity for a defendant if a plaintiff does
not file his or her lawsuit
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,within a certain time period. - ANS True
T/F When a state department or agency oversees and regulates a particular business or
profession and issues a license,
this is called certification. - ANS True - Most states have a central department or agency that
oversees licensed and regulated businesses . . . Agencies can also provide listings of all state
licensing requirements. By checking with the state agency, one may discover whether a
potential business defendant's license, certification, or insurance has lapsed or is not in good
standing.
T/F If the government charges a fee for a service, the activity is usually considered
governmental. - ANS False - Courts often decide based upon whether a fee is assessed to
users of these services. If a fee is charged, then the activity is considered proprietary. If not,
then it is governmental. This may be called the fee standard.
T/F Governmental functions often include public provision of police, fire, and ambulance
services. - ANS True - When governmental bodies perform certain public protection
activities, such as providing fire, police, or ambulance services, they are considered to be
undertaking governmental functions.
T/F Government files containing vital statistics, marriage licenses, civil suit records, probate
records, and motor vehicle reports are all private records that cannot be used to obtain
information for a lawsuit. - ANS False
T/F To obtain information about the name and address of a property owner, a commissioner of
deeds should be consulted. - ANS False - The tax assessor's office can provide property-
ownership information by name or address of the property. In some states, some of the
information will be protected by privacy protection acts limiting the amount of information that
can be obtained or distributed to others.
T/F Reasonable care is an important factor in wild animal injury cases. - ANS False - Owners
are strictly liable for the injuries their wildlife inflict. It does not matter that the owner
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, exercised every precaution to safeguard others from being hurt by the wild animals. If the beast
attacks and hurts someone, the owner must compensate the victim for the injuries.
T/F Contributory negligence is generally not a defense in strict products liability cases. -
ANS True - Contributory negligence is not a defense to products liability.
T/F Most states still follow the common-law rule that children of tender years are immune from
intentional tort liability. - ANS True - Most states still follow the ancient common law rule
that children of tender years are incapable of committing intentional torts; thus, they are
immune from intentional tort liability.
T/F Necessity allows a tortfeasor to commit an intentional tort to prevent more serious injury
from an external force. - ANS True - Necessity contains four elements: (1) committing an
intentional tort (2) to avert more serious injury (3) caused by a force other than the tortfeasor
(4) and the tortfeasor's actions were reasonably necessary to avoid the greater harm.
T/F Bills from housekeepers and taxi drivers may be included as part of a plaintiff's expenses
related to a personal injury claim. - ANS True - The client should provide documentation of
all expenses paid in relation to the injury and medical treatment. This includes receipts for . . . .
Bills from housekeeper, cook, visiting nurses, medical transport, or other assistance needed
during recuperation
T/F Public officials are immune from all intentional torts. - ANS False - Legislators and judges
enjoy an absolute immunity from tort liability for acts in their official governmental capacities
T/F The vicious propensity rule applies to ferae naturae. - ANS False - vicious propensity rule
| Doctrine in absolute liability cases involving domestic animals.
Ferae naturae | (Latin) "Of wild nature." Naturally wild animals.
T/F Under strict products liability, the manufacturer or seller need not be in the business of
selling products such as the defective item that caused the injury. - ANS False - Section 402A
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QUESTIONS AND ANSWERS
T/F Mandamus is a type of monetary damages for nuisance actions. - ANS False -
mandamus| (Latin) "We command." A writ of mandamus is a court order that directs a public
official or government department to do something.
T/F Common targets of public nuisance laws include nudist colonies. - ANS True - Common
targets of public nuisance laws include institutions devoted to (1) gambling, (2) prostitution, (3)
distribution of sexually explicit materials, (4) sale of alcohol, (5) nudist colonies, or (6) toxic
waste management.
T/F Videotape and computer animation are routinely used in accident reconstruction and for
settlement brochures. - ANS True - Videotape and computer animation are routinely used in
accident reconstruction, "day-in-the-life" documentaries, and settlement brochures.
T/F For the plaintiff to recover under strict products liability, the defective product must be
unreasonably dangerous. - ANS True - There are five elements of products liability, as
defined by most state courts or statutes: 1. The defect must render the product unreasonably
dangerous to use.
T/F An economist should be hired by the trial team to testify regarding a plaintiff's future
reduced earning capacity. - ANS True - The projected earnings potential is usually adjusted
for the victim's projected living expenses, had he or she survived. An economist is usually hired
as an expert witness to introduce this evidence at trial.
T/F Statutes of limitations can provide absolute tort immunity for a defendant if a plaintiff does
not file his or her lawsuit
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,within a certain time period. - ANS True
T/F When a state department or agency oversees and regulates a particular business or
profession and issues a license,
this is called certification. - ANS True - Most states have a central department or agency that
oversees licensed and regulated businesses . . . Agencies can also provide listings of all state
licensing requirements. By checking with the state agency, one may discover whether a
potential business defendant's license, certification, or insurance has lapsed or is not in good
standing.
T/F If the government charges a fee for a service, the activity is usually considered
governmental. - ANS False - Courts often decide based upon whether a fee is assessed to
users of these services. If a fee is charged, then the activity is considered proprietary. If not,
then it is governmental. This may be called the fee standard.
T/F Governmental functions often include public provision of police, fire, and ambulance
services. - ANS True - When governmental bodies perform certain public protection
activities, such as providing fire, police, or ambulance services, they are considered to be
undertaking governmental functions.
T/F Government files containing vital statistics, marriage licenses, civil suit records, probate
records, and motor vehicle reports are all private records that cannot be used to obtain
information for a lawsuit. - ANS False
T/F To obtain information about the name and address of a property owner, a commissioner of
deeds should be consulted. - ANS False - The tax assessor's office can provide property-
ownership information by name or address of the property. In some states, some of the
information will be protected by privacy protection acts limiting the amount of information that
can be obtained or distributed to others.
T/F Reasonable care is an important factor in wild animal injury cases. - ANS False - Owners
are strictly liable for the injuries their wildlife inflict. It does not matter that the owner
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, exercised every precaution to safeguard others from being hurt by the wild animals. If the beast
attacks and hurts someone, the owner must compensate the victim for the injuries.
T/F Contributory negligence is generally not a defense in strict products liability cases. -
ANS True - Contributory negligence is not a defense to products liability.
T/F Most states still follow the common-law rule that children of tender years are immune from
intentional tort liability. - ANS True - Most states still follow the ancient common law rule
that children of tender years are incapable of committing intentional torts; thus, they are
immune from intentional tort liability.
T/F Necessity allows a tortfeasor to commit an intentional tort to prevent more serious injury
from an external force. - ANS True - Necessity contains four elements: (1) committing an
intentional tort (2) to avert more serious injury (3) caused by a force other than the tortfeasor
(4) and the tortfeasor's actions were reasonably necessary to avoid the greater harm.
T/F Bills from housekeepers and taxi drivers may be included as part of a plaintiff's expenses
related to a personal injury claim. - ANS True - The client should provide documentation of
all expenses paid in relation to the injury and medical treatment. This includes receipts for . . . .
Bills from housekeeper, cook, visiting nurses, medical transport, or other assistance needed
during recuperation
T/F Public officials are immune from all intentional torts. - ANS False - Legislators and judges
enjoy an absolute immunity from tort liability for acts in their official governmental capacities
T/F The vicious propensity rule applies to ferae naturae. - ANS False - vicious propensity rule
| Doctrine in absolute liability cases involving domestic animals.
Ferae naturae | (Latin) "Of wild nature." Naturally wild animals.
T/F Under strict products liability, the manufacturer or seller need not be in the business of
selling products such as the defective item that caused the injury. - ANS False - Section 402A
3 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
