TORT PRACTICE EXAM 100 QUESTIONS WITH
ANSWERS AND RATIONALES LATTEST EXAM
2025-2026 ALREADY GRADED A+
TORT PRACTICE EXAM 100 QUESTIONS WITH ANSWERS AND
RATIONALES LATTEST EXAM 2025-2026 ALREADY GRADED A+
SECTION A: INTENTIONAL TORTS
Question 1
A patient is undergoing surgery. The surgeon, without obtaining consent, decides
to remove the patient's appendix during the procedure because it appears
inflamed. Which intentional tort has the surgeon committed?
A) Assault
B) Battery
C) False imprisonment
D) Negligence
Answer: B) Battery
Rationale: Battery is the intentional causation of harmful or offensive contact with
another person without consent. The surgeon exceeded the scope of consent by
performing a procedure (appendectomy) that was not authorized. While the
surgeon may have had good intentions, the lack of consent for this specific
procedure constitutes battery.
,Question 2
A security guard at a department store detains a customer suspected of
shoplifting. The guard holds the customer in a small office for three hours without
calling the police. Which tort has most likely occurred?
A) Assault
B) Battery
C) False imprisonment
D) Defamation
Answer: C) False imprisonment
Rationale: False imprisonment requires (1) intentional confinement (2) without
legal authority (3) that causes the plaintiff to be aware of the confinement or
harmed by it. The three-hour detention without reasonable cause or proper
procedure constitutes false imprisonment. The "shopkeeper's privilege" allows
reasonable detention for a reasonable time to investigate, but three hours
without calling authorities is unreasonable.
Question 3
A doctor tells a patient, "If you don't take your medication, you will die." The
patient feels threatened and fearful. Has the doctor committed assault?
A) Yes, because the patient felt threatened
B) No, because the statement was a truthful warning
C) Yes, because it caused emotional distress
D) No, because there was no immediate threat of harmful contact
Answer: D) No, because there was no immediate threat of harmful contact
Rationale: Assault requires an intentional act that creates a reasonable
apprehension of immediate harmful or offensive contact. A statement about
future consequences of not taking medication does not create apprehension of
,immediate contact. The threat must be imminent, not conditional on future
events or inaction.
Question 4
A nurse administers an injection to a patient who has expressly refused it. The
nurse holds the patient down to give the injection. Which torts have been
committed?
A) Assault only
B) Battery only
C) Both assault and battery
D) False imprisonment only
Answer: C) Both assault and battery
Rationale: The nurse committed assault by creating apprehension of immediate
harmful contact (approaching with a needle) and battery by the actual
harmful/offensive contact (the injection without consent). The holding down also
constitutes battery as it is offensive contact. The facts also suggest false
imprisonment, but assault and battery are clearly present.
Question 5
Which statement about defamation is CORRECT?
A) Truth is an absolute defense to defamation
B) Public figures have a lower burden of proof in defamation cases
C) Written defamation is called slander
D) Opinion statements can never be defamatory
Answer: A) Truth is an absolute defense to defamation
Rationale: Truth is indeed an absolute defense to defamation. Written defamation
is libel (not slander). Public figures actually have a HIGHER burden (must prove
, actual malice). Opinion statements can be defamatory if they imply undisclosed
defamatory facts.
Question 6
A physician publishes false information about a competitor's medical practice,
stating that the competitor has been disciplined for incompetence. The
competitor loses patients. This is:
A) Slander per se
B) Libel per se
C) Invasion of privacy
D) Intentional infliction of emotional distress
Answer: B) Libel per se
Rationale: Libel per se refers to written defamation where the words are so
obviously harmful that damages are presumed. Statements that harm a person's
professional reputation or accuse them of professional incompetence are
considered defamatory per se. The publication is written (or published
electronically), making it libel, not slander.
Question 7
A healthcare provider discloses a patient's HIV status to the patient's employer
without authorization. This is primarily a violation of:
A) Defamation
B) Invasion of privacy (public disclosure of private facts)
C) False imprisonment
D) Battery
Answer: B) Invasion of privacy (public disclosure of private facts)
Rationale: Public disclosure of private facts occurs when one publicly discloses
private information that would be highly offensive to a reasonable person and is
ANSWERS AND RATIONALES LATTEST EXAM
2025-2026 ALREADY GRADED A+
TORT PRACTICE EXAM 100 QUESTIONS WITH ANSWERS AND
RATIONALES LATTEST EXAM 2025-2026 ALREADY GRADED A+
SECTION A: INTENTIONAL TORTS
Question 1
A patient is undergoing surgery. The surgeon, without obtaining consent, decides
to remove the patient's appendix during the procedure because it appears
inflamed. Which intentional tort has the surgeon committed?
A) Assault
B) Battery
C) False imprisonment
D) Negligence
Answer: B) Battery
Rationale: Battery is the intentional causation of harmful or offensive contact with
another person without consent. The surgeon exceeded the scope of consent by
performing a procedure (appendectomy) that was not authorized. While the
surgeon may have had good intentions, the lack of consent for this specific
procedure constitutes battery.
,Question 2
A security guard at a department store detains a customer suspected of
shoplifting. The guard holds the customer in a small office for three hours without
calling the police. Which tort has most likely occurred?
A) Assault
B) Battery
C) False imprisonment
D) Defamation
Answer: C) False imprisonment
Rationale: False imprisonment requires (1) intentional confinement (2) without
legal authority (3) that causes the plaintiff to be aware of the confinement or
harmed by it. The three-hour detention without reasonable cause or proper
procedure constitutes false imprisonment. The "shopkeeper's privilege" allows
reasonable detention for a reasonable time to investigate, but three hours
without calling authorities is unreasonable.
Question 3
A doctor tells a patient, "If you don't take your medication, you will die." The
patient feels threatened and fearful. Has the doctor committed assault?
A) Yes, because the patient felt threatened
B) No, because the statement was a truthful warning
C) Yes, because it caused emotional distress
D) No, because there was no immediate threat of harmful contact
Answer: D) No, because there was no immediate threat of harmful contact
Rationale: Assault requires an intentional act that creates a reasonable
apprehension of immediate harmful or offensive contact. A statement about
future consequences of not taking medication does not create apprehension of
,immediate contact. The threat must be imminent, not conditional on future
events or inaction.
Question 4
A nurse administers an injection to a patient who has expressly refused it. The
nurse holds the patient down to give the injection. Which torts have been
committed?
A) Assault only
B) Battery only
C) Both assault and battery
D) False imprisonment only
Answer: C) Both assault and battery
Rationale: The nurse committed assault by creating apprehension of immediate
harmful contact (approaching with a needle) and battery by the actual
harmful/offensive contact (the injection without consent). The holding down also
constitutes battery as it is offensive contact. The facts also suggest false
imprisonment, but assault and battery are clearly present.
Question 5
Which statement about defamation is CORRECT?
A) Truth is an absolute defense to defamation
B) Public figures have a lower burden of proof in defamation cases
C) Written defamation is called slander
D) Opinion statements can never be defamatory
Answer: A) Truth is an absolute defense to defamation
Rationale: Truth is indeed an absolute defense to defamation. Written defamation
is libel (not slander). Public figures actually have a HIGHER burden (must prove
, actual malice). Opinion statements can be defamatory if they imply undisclosed
defamatory facts.
Question 6
A physician publishes false information about a competitor's medical practice,
stating that the competitor has been disciplined for incompetence. The
competitor loses patients. This is:
A) Slander per se
B) Libel per se
C) Invasion of privacy
D) Intentional infliction of emotional distress
Answer: B) Libel per se
Rationale: Libel per se refers to written defamation where the words are so
obviously harmful that damages are presumed. Statements that harm a person's
professional reputation or accuse them of professional incompetence are
considered defamatory per se. The publication is written (or published
electronically), making it libel, not slander.
Question 7
A healthcare provider discloses a patient's HIV status to the patient's employer
without authorization. This is primarily a violation of:
A) Defamation
B) Invasion of privacy (public disclosure of private facts)
C) False imprisonment
D) Battery
Answer: B) Invasion of privacy (public disclosure of private facts)
Rationale: Public disclosure of private facts occurs when one publicly discloses
private information that would be highly offensive to a reasonable person and is
