Failing to exercise reasonable care, resulting in harm to another person
Engaging in harmful conduct for personal gain
Being careless without causing harm to anyone
#2
Which of the following is NOT an element of negligence?
Duty of care
Breach of duty
Intent to harm
Proximate cause
#3
What is the legal doctrine of res ipsa loquitur?
The thing speaks for itself
Clear and convincing evidence
Preponderance of the evidence
Beyond a reasonable doubt
#4
What is the difference between libel and slander?
Libel involves spoken statements, while slander involves written statements
Libel involves written or broadcasted statements, while slander involves spoken statements
Both involve written statements, but libel is more severe
Both involve spoken statements, but slander is more severe
#5
What is the 'eggshell skull rule' in tort law?
A rule stating that a defendant is liable for all damages, regardless of pre-existing conditions
A rule stating that a defendant is liable only for damages directly caused by their actions, even if the victim has a pre-existing condition
A rule stating that a defendant is not liable for any damages if the victim has a pre-existing condition
A rule stating that a defendant is not liable if the victim's injury is minor
#6
What is the legal concept of 'assumption of risk'?
A defendant admits fault and agrees to compensate the plaintiff
A plaintiff voluntarily accepts the potential risks associated with a particular activity or situation
A plaintiff seeks monetary compensation for emotional distress
A defendant argues that the plaintiff's own negligence caused their injury
#7
Which of the following is NOT a defense to a tort claim?
Contributory negligence
Assumption of risk
Intentional infliction of emotional distress
Good Samaritan laws
#8
What is the legal principle of 'vicarious liability'?
Employers are held responsible for the actions of their employees while performing job-related duties
Plaintiffs are responsible for proving causation in tort cases
Defendants are liable for all damages caused by their actions, regardless of foreseeability
Liability is automatically assigned to the manufacturer of a defective product
#9
What is the difference between assault and battery in tort law?
Assault involves physical contact, while battery involves the threat of physical harm
Assault involves the threat of physical harm, while battery involves physical contact
Both assault and battery involve physical contact, but battery is more severe
Both assault and battery involve the threat of physical harm, but assault is more severe
#10
In the context of tort law, what does the term 'strict liability' mean?
Liability without fault, regardless of negligence or intent
Liability only when intent to harm is proven
Liability only when negligence is proven
Liability only for economic damages
#11
What is the difference between compensatory and punitive damages?
Compensatory damages are awarded to punish the defendant, while punitive damages compensate the plaintiff for their losses
Compensatory damages compensate the plaintiff for their losses, while punitive damages are awarded to punish the defendant
Both compensatory and punitive damages are awarded to punish the defendant
Compensatory damages are only awarded in cases of intentional torts
#12
What is the doctrine of 'sovereign immunity'?
Government entities cannot be sued without their consent
Individuals cannot be sued for actions taken in their official capacity
Government officials are immune from prosecution for any actions taken in the course of their duties
Individuals cannot be sued for actions taken in self-defense
#13
What is the difference between trespass to land and trespass to chattels?
Trespass to land involves interference with someone's personal property, while trespass to chattels involves interference with real property
Trespass to land involves interference with real property, while trespass to chattels involves interference with someone's personal property
Both involve interference with real property, but trespass to chattels is more severe
Both involve interference with someone's personal property, but trespass to land is more severe
#14
What is the legal doctrine of 'attractive nuisance'?
Property owners are liable for injuries to trespassers on their land
Property owners are liable for injuries to children caused by dangerous conditions on their land, even if the children are trespassing
Property owners are not liable for injuries to trespassers on their land
Property owners are only liable for injuries caused by intentional acts
#15
What is the difference between false imprisonment and malicious prosecution?
False imprisonment involves the wrongful detention of a person, while malicious prosecution involves initiating legal proceedings without probable cause
False imprisonment involves initiating legal proceedings without probable cause, while malicious prosecution involves the wrongful detention of a person
Both involve wrongful detention, but false imprisonment is more severe
Both involve initiating legal proceedings without probable cause, but malicious prosecution is more severe
#16
What is the legal concept of 'damages' in tort law?
Physical harm caused by the defendant's actions
Monetary compensation awarded to the plaintiff for losses suffered as a result of the defendant's actions
Punitive measures imposed on the defendant by the court
The duty of care owed by the defendant to the plaintiff