L201 Practice Test (Torts Exam) UPDATED
ACTUAL Exam Questions and CORRECT
Answers
What is the most important factor that the courts consider when determining whether an agent is
an employee or an independent contractor?
(a) Whether the principal has the right to control the agent's work.
(b) Whether the principal pays the agent an hourly wage or a regular salary.
(c) How the principal and agent believe the relationship should be identified.
(d) Whether the agent is treated as an employee or an independent contractor for income tax
purposes. - CORRECT ANSWER (a) Whether the principal has the right to control the agent's
work.
_________________ are intended to punish a defendant for especially wrongful conduct, which
normally relates to a defendant's motive and state of mind.
(a) Compensatory damages
(b) Liquidated damages
(c) Pain and suffering damages
(d) Punitive damages - CORRECT ANSWER (d) Punitive damages
Tim is angry at his roommate, Greg, because Greg never cleans his dishes. One night, Tim is
especially angry and throws a dish at Greg's head. Luckily, it just misses Greg but Greg is upset
by the action. What is Greg's best legal claim against Tim?
(a) Defamation
(b) Intentional infliction of emotional distress
(c) Battery
(d) Assault - CORRECT ANSWER (d) Assault
It is a rainy day at Indiana Splash and begins to lightning. The Indiana Splash lifeguards clear the
pools and water slides and advise people to take shelter. Dale gets out of the wave pool but then
, later decides to jump back in because he thinks that swimming in the rain is fun. Dale is struck
by lightning and injured. Dale sues Indiana Splash and argues that it should have had more safety
procedures in place to prevent persons from going into the pool when the weather was
dangerous. The jury finds that Dale was 80% at fault and Indiana Splash is 20% at fault. The jury
also finds that Dale's damages were $100,000. In these circumstances,
(a) Dale could not recover under any state law because he is more than 50% at fault.
(b) Dale could recover all of his damages because he proved that Indiana Splash had some fault.
(c) Dale could not recover because he was contributorily negligent.
(d) Under the laws of some state - CORRECT ANSWER (d) Under the laws of some state,
Dale could recover $20,000 from Indiana Splash.
The State of Indiana has a law that states that a person who provides alcohol to someone who
that person knows is intoxicated will be liable for damages caused by the intoxication.
Downstairs Pub serves Sara seven shots in one hour. Afterward, Sara drives away and gets into a
car accident with Fran, who is injured. If Fran sues Downstairs Pub, what is the most relevant
claim?
(a) Battery
(b) Strict liability
(c) Negligence per se
(d) res ipsa loquitor - CORRECT ANSWER (c) Negligence per se
Which of the following claims does not require that the plaintiff prove that the defendant did
anything wrong?
(a) Strict liability
(b) Negligence per se
(c) Assault
(d) Defamation - CORRECT ANSWER (a) Strict liability
Can a famous celebrity win a right of publicity claim against a newspaper who publishes an
article about her?
(a) Yes, because a newspaper is sold, and thus, it is commercial speech
(b) Yes, because a celebrity has a right to be paid whenever her name is mentioned.
ACTUAL Exam Questions and CORRECT
Answers
What is the most important factor that the courts consider when determining whether an agent is
an employee or an independent contractor?
(a) Whether the principal has the right to control the agent's work.
(b) Whether the principal pays the agent an hourly wage or a regular salary.
(c) How the principal and agent believe the relationship should be identified.
(d) Whether the agent is treated as an employee or an independent contractor for income tax
purposes. - CORRECT ANSWER (a) Whether the principal has the right to control the agent's
work.
_________________ are intended to punish a defendant for especially wrongful conduct, which
normally relates to a defendant's motive and state of mind.
(a) Compensatory damages
(b) Liquidated damages
(c) Pain and suffering damages
(d) Punitive damages - CORRECT ANSWER (d) Punitive damages
Tim is angry at his roommate, Greg, because Greg never cleans his dishes. One night, Tim is
especially angry and throws a dish at Greg's head. Luckily, it just misses Greg but Greg is upset
by the action. What is Greg's best legal claim against Tim?
(a) Defamation
(b) Intentional infliction of emotional distress
(c) Battery
(d) Assault - CORRECT ANSWER (d) Assault
It is a rainy day at Indiana Splash and begins to lightning. The Indiana Splash lifeguards clear the
pools and water slides and advise people to take shelter. Dale gets out of the wave pool but then
, later decides to jump back in because he thinks that swimming in the rain is fun. Dale is struck
by lightning and injured. Dale sues Indiana Splash and argues that it should have had more safety
procedures in place to prevent persons from going into the pool when the weather was
dangerous. The jury finds that Dale was 80% at fault and Indiana Splash is 20% at fault. The jury
also finds that Dale's damages were $100,000. In these circumstances,
(a) Dale could not recover under any state law because he is more than 50% at fault.
(b) Dale could recover all of his damages because he proved that Indiana Splash had some fault.
(c) Dale could not recover because he was contributorily negligent.
(d) Under the laws of some state - CORRECT ANSWER (d) Under the laws of some state,
Dale could recover $20,000 from Indiana Splash.
The State of Indiana has a law that states that a person who provides alcohol to someone who
that person knows is intoxicated will be liable for damages caused by the intoxication.
Downstairs Pub serves Sara seven shots in one hour. Afterward, Sara drives away and gets into a
car accident with Fran, who is injured. If Fran sues Downstairs Pub, what is the most relevant
claim?
(a) Battery
(b) Strict liability
(c) Negligence per se
(d) res ipsa loquitor - CORRECT ANSWER (c) Negligence per se
Which of the following claims does not require that the plaintiff prove that the defendant did
anything wrong?
(a) Strict liability
(b) Negligence per se
(c) Assault
(d) Defamation - CORRECT ANSWER (a) Strict liability
Can a famous celebrity win a right of publicity claim against a newspaper who publishes an
article about her?
(a) Yes, because a newspaper is sold, and thus, it is commercial speech
(b) Yes, because a celebrity has a right to be paid whenever her name is mentioned.
