#1
What is the definition of negligence in tort law?
Failing to exercise reasonable care, resulting in harm to another person
ExplanationNegligence is the failure to exercise reasonable care, leading to harm to another.
#2
Which of the following is NOT an element of negligence?
Intent to harm
ExplanationNegligence does not require the intent to harm; it's about failing to exercise reasonable care.
#3
What is the legal doctrine of res ipsa loquitur?
The thing speaks for itself
ExplanationRes ipsa loquitur means 'the thing speaks for itself,' indicating obvious negligence without direct evidence.
#4
What is the difference between libel and slander?
Libel involves written or broadcasted statements, while slander involves spoken statements
ExplanationLibel pertains to written or broadcasted defamation, while slander involves spoken defamatory statements.
#5
What is the 'eggshell skull rule' in tort law?
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
ExplanationThe eggshell skull rule holds that a defendant is liable for all damages, even if the victim has an unusually fragile condition.
#6
What is the legal concept of 'assumption of risk'?
A plaintiff voluntarily accepts the potential risks associated with a particular activity or situation
ExplanationAssumption of risk occurs when a plaintiff knowingly accepts the potential dangers involved in an activity or situation.
#7
Which of the following is NOT a defense to a tort claim?
Intentional infliction of emotional distress
ExplanationIntentional infliction of emotional distress is not a recognized defense in tort law.
#8
What is the legal principle of 'vicarious liability'?
Employers are held responsible for the actions of their employees while performing job-related duties
ExplanationVicarious liability holds employers accountable for the actions of their employees conducted within the scope of their employment.
#9
What is the difference between assault and battery in tort law?
Assault involves the threat of physical harm, while battery involves physical contact
ExplanationAssault involves threatening physical harm, whereas battery entails actual physical contact.
#10
In the context of tort law, what does the term 'strict liability' mean?
Liability without fault, regardless of negligence or intent
ExplanationStrict liability imposes responsibility without the need to prove fault, irrespective of negligence or intent.
#11
What is the difference between compensatory and punitive damages?
Compensatory damages compensate the plaintiff for their losses, while punitive damages are awarded to punish the defendant
ExplanationCompensatory damages aim to compensate the plaintiff for losses, while punitive damages are meant to punish the defendant.
#12
What is the doctrine of 'sovereign immunity'?
Government entities cannot be sued without their consent
ExplanationSovereign immunity protects government entities from being sued without their consent.
#13
What is the difference between trespass to land and trespass to chattels?
Trespass to land involves interference with real property, while trespass to chattels involves interference with someone's personal property
ExplanationTrespass to land concerns interference with real property, while trespass to chattels involves interference with personal property.
#14
What is the legal doctrine of 'attractive nuisance'?
Property owners are liable for injuries to children caused by dangerous conditions on their land, even if the children are trespassing
ExplanationAttractive nuisance holds property owners liable for injuries to trespassing children caused by hazardous conditions on their property.
#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
ExplanationFalse imprisonment is the unlawful confinement of a person, whereas malicious prosecution involves unjustified legal action.
#16
What is the legal concept of 'damages' in tort law?
Monetary compensation awarded to the plaintiff for losses suffered as a result of the defendant's actions
ExplanationDamages in tort law refer to monetary compensation awarded to plaintiffs for losses resulting from the defendant's actions.