TORTS - FINAL EXAM REVIEW 2025
QUESTIONS AND ANSWERS
The discovery doctrine provides that the statute of limitations does not begin to run until the
injury is, or should have been, discovered. - ANS True
For implied assumption of risk, professional athletes are not required to be more cognizant of
the risks and more willing to accept them than amateurs. - ANS False
Courts have held that a plaintiff's negligence must meet which of the following standards?
a. But-for test
b. Substantial-factor test
c. Plaintiff's negligence contributed to the result
d. All answers are correct. - ANS d. all answers are correct
Statute of repose begins to run:
a. At the time of injury
b. At the time of discovery
c. At the time of sale of a product
d. None of the answers is correct. - ANS At the time of sale of a product
According to the assumption of risk, the plaintiff does not necessarily appreciate the character
of the risk. - ANS False
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,The defense of contributory negligence completely bars the negligent plaintiff from recovery
even though the defendant was negligent and, in most cases, was more negligent than the
plaintiff. - ANS True
The Federal Tort Claims Act states that monetary damages cannot be recovered against the
United States. - ANS False
The defendant whose conduct is willful and wanton or reckless may still rely on the defense of
comparative negligence to reduce the plaintiff's recovery. - ANS True
One element of assumption of risk is:
a. The plaintiff must be inattentive and helpless.
b. The plaintiff must be helpless but not inattentive.
c. The plaintiff must appreciate the character of the risk.
d. None of the answers is correct. - ANS The plaintiff must appreciate the character of the
risk.
Which of the following is a type of contributory negligence?
a. Pure
b. 50 percent approach
c. Not as great as
d. None of the answers is correct. - ANS d. None of the answers are correct
According to the Federal Tort Claims Act, the United States is not liable for:
a. Assault and battery
b. False imprisonment
c. Exercise of a discretionary duty
d. All answers are correct. - ANS d. All answers are correct
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, The Uniform Comparative Fault Act endorses the use of the last clear chance doctrine. -
ANS False
According to the last clear chance doctrine, the defendant's failure to take advantage of an
opportunity to prevent the harm negates the plaintiff's contributory negligence. - ANS True
What type of immunity do legislators and judges receive when acting within the scope of their
duties?
a. Limited immunity
b. Complete immunity
c. Proprietary immunity
d. None of the answers is correct. - ANS Complete immunity
Waivers of liability are valid, unless:
a. The waiver involves public utilities or common carriers.
b. The waiver is expressed in unequivocal language.
c. The defendant has acted negligently.
d. None of the answers is correct. - ANS The waiver involves public utilities or common
carriers.
According to the last clear chance doctrine, the plaintiff can recover in all courts if:
a. The plaintiff is helpless and the defendant fails to discover danger because the defendant is
inattentive.
b. The plaintiff is helpless and the defendant discovers the danger but negligently fails to avoid
it.
c. The plaintiff is inattentive but not helpless and the defendant discovers danger but
negligently fails to avoid it.
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QUESTIONS AND ANSWERS
The discovery doctrine provides that the statute of limitations does not begin to run until the
injury is, or should have been, discovered. - ANS True
For implied assumption of risk, professional athletes are not required to be more cognizant of
the risks and more willing to accept them than amateurs. - ANS False
Courts have held that a plaintiff's negligence must meet which of the following standards?
a. But-for test
b. Substantial-factor test
c. Plaintiff's negligence contributed to the result
d. All answers are correct. - ANS d. all answers are correct
Statute of repose begins to run:
a. At the time of injury
b. At the time of discovery
c. At the time of sale of a product
d. None of the answers is correct. - ANS At the time of sale of a product
According to the assumption of risk, the plaintiff does not necessarily appreciate the character
of the risk. - ANS False
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,The defense of contributory negligence completely bars the negligent plaintiff from recovery
even though the defendant was negligent and, in most cases, was more negligent than the
plaintiff. - ANS True
The Federal Tort Claims Act states that monetary damages cannot be recovered against the
United States. - ANS False
The defendant whose conduct is willful and wanton or reckless may still rely on the defense of
comparative negligence to reduce the plaintiff's recovery. - ANS True
One element of assumption of risk is:
a. The plaintiff must be inattentive and helpless.
b. The plaintiff must be helpless but not inattentive.
c. The plaintiff must appreciate the character of the risk.
d. None of the answers is correct. - ANS The plaintiff must appreciate the character of the
risk.
Which of the following is a type of contributory negligence?
a. Pure
b. 50 percent approach
c. Not as great as
d. None of the answers is correct. - ANS d. None of the answers are correct
According to the Federal Tort Claims Act, the United States is not liable for:
a. Assault and battery
b. False imprisonment
c. Exercise of a discretionary duty
d. All answers are correct. - ANS d. All answers are correct
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, The Uniform Comparative Fault Act endorses the use of the last clear chance doctrine. -
ANS False
According to the last clear chance doctrine, the defendant's failure to take advantage of an
opportunity to prevent the harm negates the plaintiff's contributory negligence. - ANS True
What type of immunity do legislators and judges receive when acting within the scope of their
duties?
a. Limited immunity
b. Complete immunity
c. Proprietary immunity
d. None of the answers is correct. - ANS Complete immunity
Waivers of liability are valid, unless:
a. The waiver involves public utilities or common carriers.
b. The waiver is expressed in unequivocal language.
c. The defendant has acted negligently.
d. None of the answers is correct. - ANS The waiver involves public utilities or common
carriers.
According to the last clear chance doctrine, the plaintiff can recover in all courts if:
a. The plaintiff is helpless and the defendant fails to discover danger because the defendant is
inattentive.
b. The plaintiff is helpless and the defendant discovers the danger but negligently fails to avoid
it.
c. The plaintiff is inattentive but not helpless and the defendant discovers danger but
negligently fails to avoid it.
3 Copyright ©2025 SIRJOEL ALL RIGHTS RESERVED
