Test Bank For Tort Law, 7th Edition, Edwards ; Test Bank Tort Law 7E ; All Chapters Covered

TEST BANK

TORT LAW
7TH EDITION
CHAPTER 01-OVERVIEW OF TORT LAW
TRUE / FALSE

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.
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
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


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

31. A(n) _________________________ requires proof that the defendant used force directly on the plaintiff or
the plaintiff’s property, while a(n) _________________________ requires no showing of force and can be
sustained even where an injury was inflicted indirectly.
ANSWER: action in trespass, trespass on the case

32. ____________________ arose as a cause of action as more traffic-related cases came before the courts.
ANSWER: Negligence