Tort Law Final UPDATED ACTUAL Exam
Questions and CORRECT Answers
T/F Mandamus is a type of monetary damages for nuisance actions. - CORRECT
ANSWER - 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. - CORRECT
ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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
within a certain time period. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - False
T/F To obtain information about the name and address of a property owner, a commissioner of
deeds should be consulted. - CORRECT ANSWER - 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. - CORRECT
ANSWER - False - Owners are strictly liable for the injuries their wildlife inflict. It does
not matter that the owner 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. -
CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT
ANSWER - False - Section 402A of the Restatement (Second) of Torts, and most common
law and statutory versions of products liability, insist that the manufacturer or seller be engaged
in the business of selling products such as the defective item(s) that injured the ultimate user.
Questions and CORRECT Answers
T/F Mandamus is a type of monetary damages for nuisance actions. - CORRECT
ANSWER - 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. - CORRECT
ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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
within a certain time period. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - False
T/F To obtain information about the name and address of a property owner, a commissioner of
deeds should be consulted. - CORRECT ANSWER - 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. - CORRECT
ANSWER - False - Owners are strictly liable for the injuries their wildlife inflict. It does
not matter that the owner 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. -
CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT ANSWER - 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. - CORRECT
ANSWER - False - Section 402A of the Restatement (Second) of Torts, and most common
law and statutory versions of products liability, insist that the manufacturer or seller be engaged
in the business of selling products such as the defective item(s) that injured the ultimate user.
