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WorksheetsBusiness Law (Chapter 2)
Total questions: 50
Worksheet time: 25mins
The term "Tort" is derived from the Latin word tortum, which means:
Justice or law
Twisted or crooked
Harm or injury
Punishment or debt
What is the primary goal of tort law?
To punish the defendant through jail time
To generate revenue for the government
To put money back in the victim's pocket
To decide if a person should be sentenced to community service
Which of the following is NOT one of the "Three Pillars of Purpose" for tort law?
Which of the following is NOT one of the "Three Pillars of Purpose" for tort law?
Compensation (Making the victim "whole")
Deterrence (Sending a message to others)
Safety Valve (Providing a peaceful way to resolve disputes)
In a tort case, the "Standard of Proof" required to win is:
Beyond a reasonable doubt (~99%)
Clear and convincing evidence (~75%)
Absolute certainty (100%)
Preponderance of the evidence (51%+)
A person can be tried in both criminal court and civil (tort) court for the exact same action.
True
False
Which category of tort applies when a defendant acts with the intent to cause a specific consequence?
Negligence
Strict Liability
Intentional Torts
No-Fault Torts
Which type of tort is considered the most common and involves a failure to act with "reasonable care"?
Strict Liability
Negligence
Assault
Ultrahazardous activity
To win a negligence case, a plaintiff must prove four elements. Which element requires showing a "link" between the defendant's failure and the injury?
Duty
Breach
Causation
Damages
Under the "Deep Pockets Theory," why is an employer often held responsible for an employee’s torts?
The employer is always physically present during the accident.
The employee is immune from all lawsuits.
To punish the employer for hiring a "bad person."
Employers usually have more money and insurance to compensate victims.
What is the "General Rule" regarding parental responsibility for a child's torts?
Parents are always 100% liable for everything their child does.
Parents can only be sued if the child is over 18.
Usually, parents are not liable just because they are the parents.
Parents must go to jail if their child commits a tort.
In intentional torts, the legal definition of "intent" means the defendant:
Intended to perform the physical act that caused the interference.
Intended to cause a specific injury or harm.
Acted out of anger or malice.
Was unaware that their actions could cause a problem.
If you throw a heavy textbook into a crowded cafeteria knowing it will likely hit someone, which doctrine satisfies the intent requirement for battery?
Transferred Intent.
Substantial Certainty.
Negligent Intent.
Immediate Apprehension.
Which of the following is a key requirement for the tort of Assault?
Physical contact must occur.
The victim must be unaware of the threat.
The threat must be of a future harm occurring tomorrow.
The victim must have a reasonable apprehension of immediate harm.
Under the "Extension of the Body" rule for battery, which of the following could be considered battery?
Knocking a hat off someone's head.
Throwing a rock at someone and missing.
Verbally threatening to hit someone later.
Thinking about kicking someone's chair.
Intentional Infliction of Emotional Distress (IIED) is often called the "Tort of Outrage" because the conduct must be:
Slightly annoying or rude.
Beyond all possible bounds of decency and utterly intolerable.
Any false statement made in writing.
A minor interference with personal property.
To be liable for Trespass to Land, a defendant must:
Know that they are on private property.
Stay on the land for more than 24 hours.
Cause significant physical damage to the grass or soil.
Intend to be on the land, even if they think it is public property.
How does Trespass to Personal Property differ from Trespass to Land regarding damages?
Personal property trespass never requires proof of damage.
Land trespass always requires showing a loss in property value.
Personal property trespass usually requires showing the property was damaged or the owner was deprived of its use.
There is no difference; both require identical proof of injury.
Which form of Defamation involves spoken words rather than written statements?
Libel.
Slander.
Fraud.
Battery.
Celebrities and politicians (public figures) have a harder time winning defamation cases because they must prove:
Actual Malice—knowledge of falsity or reckless disregard for the truth.
That they suffered no financial loss.
The statement was only told to the victim.
The statement was true.
Which defense applies when a boater ties their boat to a stranger's dock during a violent storm to save their life?
Private Necessity
Public Necessity
Self-Defense
Express Consent
Negligence is officially defined as the failure to follow the standard of care that a:
Professional expert would use
Superhero or genius would use
Sensible person would use in the same situation
Defendant thought was okay at the time
To determine if someone was negligent, juries use the "Reasonable Person" standard, which is described as:
An objective yardstick based on a hypothetical, ordinary, and prudent person
A subjective measurement of the defendant's specific mindset
A perfect person who never makes any mistakes
A person who takes necessary risks to save time
In a negligence case, the defendant's intent is considered:
The most important factor for the jury
Irrelevant, as the law looks at conduct rather than mindset
Necessary to prove before awarding damages
Only relevant if the defendant dropped a bowling ball
Which "pillar" of negligence requires proving that the defendant had a legal obligation to avoid creating unreasonable risks of harm?
Breach of Duty
Causation
Damages
Duty of Care
The "But-For" test is a method used by the court to determine:
If the defendant breached their duty
If the injury would have happened without the defendant's actions
If the injury was a predictable result of the breach
If the plaintiff is entitled to punitive damages
If a professional, such as a doctor or lawyer, is sued for negligence, they are judged against:
A reasonable professional in that same field
The standard of a "superhero" expert
A reasonable child of similar intelligence
A "reasonable average Joe"
Under what circumstance is a child held to the "full adult reasonable person" standard?
If the child is over the age of 14
If the child has a high level of intelligence and experience
A child is never held to an adult standard
If the child engages in an adult activity like driving a car or flying a plane
Which type of person entering a property is owed the "Highest Duty of Care" by the owner?
Trespasser
Licensee
Invitee
Social Guest
In a state that uses "Contributory Negligence," what happens if the plaintiff is found to be 1% at fault for an accident?
They recover zero dollars
They recover 99% of their damages
They recover 50% of their damages
The jury decides on a fair reduction
"Assumption of Risk" is a defense that applies when a plaintiff:
Was injured while trespassing on private property
Forgot to wear a seatbelt during a car ride
Was accidentally hit by a driver running a red light
Voluntarily and knowingly entered into a dangerous situation
What is the defining characteristic of Strict Liability?
The plaintiff must prove the defendant was extremely careless.
The defendant's fault or negligence does not matter.
It only applies if the defendant intended to cause harm.
Juries must only look at the defendant's behavior and experts.
Under the "No Excuses" Rule, a defendant is still legally responsible for an injury even if:
They took every possible precaution.
They used the best available technology.
They hired world-class experts.
All of the above.
The legal philosophy of "Risk Allocation" suggests that:
The person profiting from a dangerous activity should bear the cost of accidents.
Insurance companies should not be involved in strict liability cases.
Society should ignore dangerous activities.
Victims should pay for their own accidents.
To win a strict liability case, a plaintiff must prove which two things?
The defendant was negligent and the activity was dangerous.
The defendant was engaged in a specific covered activity and that activity caused the injury.
The defendant intended to cause harm and the activity was ultrahazardous.
The activity was illegal and the defendant was careless.
Which of the following is considered an "Abnormally Dangerous" or ultrahazardous activity?
Driving a car in a rainstorm.
Owning a domesticated dog that has never bitten anyone.
Digging a hole for a fence.
Using dynamite for blasting or demolition.
Regarding animal ownership, owners are strictly liable for any harm caused by:
A domesticated cat.
A wild animal, such as a pet wolf.
A dog that has never shown a "vicious propensity".
A farm horse.
In product liability, who in the "chain of distribution" can be held responsible for an injury?
Only the manufacturer.
Only the retailer who sold the product.
Only the individual employee who built the specific unit.
The manufacturer, wholesaler, and retailer.
A "Design Defect" occurs when:
One specific unit was built incorrectly due to a missing screw.
An entire product line is dangerous because of the way it was engineered.
The product is safe but lacks a warning label for non-obvious dangers.
A consumer uses the product in a bizarre, unintended way.
Which defense is considered the "strongest" and requires proving the plaintiff voluntarily encountered a known danger?
Product Misuse
Comparative Negligence
Assumption of Risk
Foreseeable Use
If a consumer uses a hairdryer to try and defrost a car windshield and causes an injury, the manufacturer would likely argue which defense?
Manufacturing Defect
Comparative Negligence
Unforeseeable Product Misuse
Assumption of Risk
What is the primary goal of tort law remedies?
To punish the defendant for their behavior
Restoration—returning the victim to the state they were in before the injury
To generate revenue for the state through fines
To ensure the defendant goes to jail for their actions
Which type of damages covers quantifiable dollar amounts such as medical bills and lost wages?
General Damages
Punitive Damages
Special Damages
Nominal Damages
General damages are awarded for "intangible" losses that do not have a specific price tag, such as:
Repairing a totaled car
Past medical receipts
Lost paycheck stubs
Pain and suffering or disfigurement
Punitive damages are specifically intended to:
Reconstruct the victim's bank account
Punish the wrongdoer and deter others from similar behavior
Establish that a legal right was violated even if no money was lost
Pay for future physical therapy sessions
What is the standard amount usually awarded for Nominal Damages?
$1.00
$10,000
51% of the total claim
Whatever the medical bill costs
A court order that commands a person to stop a specific activity, such as using a competitor's trademarked logo, is called a(n):
Mandatory Injunction
Special Damage
Statutory Cap
Prohibitory Injunction
Under the "Duty to Mitigate," a plaintiff has a legal obligation to:
Sue for the highest amount possible
Minimize their own damages as much as possible after an injury
Wait as long as possible before filing a lawsuit
Ensure the defendant is punished with jail time
According to the U.S. Supreme Court in State Farm v. Campbell, punitive damages should generally not exceed what ratio compared to compensatory damages?
1:1
50:1
9:1
100:1
The "Collateral Source Rule" states that a defendant's payout cannot be reduced just because:
The plaintiff has insurance that already paid for some of the harm
The defendant is poor
The defendant was not actually negligent
The jury thinks the award is too high
In the state of Nebraska, how are punitive damages generally treated?
They are awarded in every successful tort case
They are capped at $2.25 million
They are only allowed in slip and fall cases
They are generally unconstitutional under the state constitution
