Name: Class: Date:
TEST BANK FOR z x zx
Tort Law, 7th Edition J. Stanley Edwards, J.D.Traci L. Cull, J.D
zx zx zx zx zx zx zx zx zx zx
Chapter 1-19 zx
Chapter 01-Overview of Tort Law zx zx zx zx
True / False zx zx
1. Under all circumstances, those who create risks should bear the burden of injuries they create rather than those who fall
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
prey to such injury.
zx zx zx zx
a. True
b. False
ANSWER: False
2. A tort is a civil wrong in which a victim is compensated in the form of damages for the injuries they suffer.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
3. Whether conduct is reasonable is sometimes difficult to determine.
zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
4. The ideas of justice, fairness, and equality are the cornerstones of public policy concerns.
zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
5. Understanding public policy is essential to tort law. zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
6. ―Slippery slope‖ arguments reflect administrative concerns of courts.
zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
7. Issues of personal and public morality cannot be taken into consideration in tort law.
zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
8. If there is a statute that exists for a case, the judge is mandated to follow it.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
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zx zx zx zx zx Page 1
zx
,Name: Class: Date:
a. True
b. False
ANSWER: True zx
9. The Restatement is a set of guidelines created by the courts.
zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
10. The Restatement has been adopted in all states.
zx zx zx zx zx zx zx
a, True
zx zx
b. False
zx
ANSWER: False
zx zx
11. A tort is considered an offense against society.
zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
12. The purpose of suing under tort law is to punish the offender.
zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
zx zx
13. There is no overlap between tort law and criminal law.
zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
zx zx
14. The plaintiff in a tort case has the burden of proving their case by a preponderance of the evidence.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
15. Some actions can result in a criminal offense as well as a tort offense.
zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
zx zx
16. In tort law, duties are imposed by law rather than by being voluntarily assumed or consented to by the parties.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
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zx zx zx zx zx Page 2
zx
,Name: Class: Date:
b. False
ANSWER: True z x
17. In a tort action, the remedy is to compensate the prevailing party with the benefit of the bargain. a,
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
True
zx
b. False
zx
ANSWER: False
zx zx
18. The primary goal of the blood feud in early societies was compensation for the victim.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
19. An action in trespass requires a showing of fault on the part of the defendant while a trespass on the case does not.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
20. A plaintiff in a trespass on-the-case action must show injury and damage.
zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
21. A rise in negligence cases led to the disintegration of actions in trespass and trespass on the case actions.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
zx zx
Completion
22. is a tort in which no fault or intent must be shown.
zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Strict liability z x zx
23. The burden of proof for a tort is preponderance of evidence while the burden of proof for a crime must be proven
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
.
ANSWER: beyond a reasonable doubt z x zx zx zx
24. In tort law, it is the
zx zx interest that has been violated, while in criminal law, it is
zx zx zx zx zx zx zx zx zx zx zx zx zx zx
interest that has been violated. zx zx zx zx
ANSWER: individual’s, society’s z x zx
Copyright Cengage Learning. Powered by Cognero.
zx zx zx zx zx Page 3
zx
, Name: Class: Date:
25. Tort law looks to the zx zx zx zx zx to determine if an action is universally regarded as right or wrong.
zx zx zx zx zx zx zx zx zx zx zx
ANSWER: public morality
zx zx zx
26. means that the use of an argument in one case can lead to the same argument in numerous other zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
cases with no end in sight.
zx zx zx zx zx zx
ANSWER: Slippery slope argument zx zx zx
27. The zx is frequently cited and used to guide persons through the maze of tort law decisions. zx zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Restatement of Torts
zx zx zx zx
28. The primary purpose of criminal law is
zx zx zx zx zx zx zx while the primary purpose of tort law is zx zx zx zx zx zx zx zx
ANSWER: punishment, compensation
zx zx zx
29. A plea of
zx zx zx by a defendant precludes any guilt from being used against them in a civil trial.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: nolo contender
zx zx zx
30. In barbaric societies, the process used to remedy a wrong suffered by a member of the clan was by means of a(n)
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
.
ANSWER: blood feud z x zx
31. A(n) zx requires proof that the defendant used force directly on the plaintiff or the zx zx zx zx zx zx zx zx zx zx zx zx
plaintiff’s property, while a(n) zx requires no showing of force and can be sustained even zx zx zx zx zx zx zx zx zx zx zx zx
where an injury was inflicted indirectly.
zx zx zx zx zx zx
ANSWER: action in trespass, trespass on the case z x zx zx zx zx zx zx
32. arose as a cause of action as more traffic-related cases came before the courts.
zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Negligence z x
Subjective Short Answer zx zx
33. What is one argument regarding the allocation of risks in reference to tort law?
zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Advocates of expanded tort liability see tort law as the knight in shining armor, duly anointed to protect the
z x zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
interests of the consumer. In their perception, manufacturers and those who deliver services are better able
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
than consumers to predict and prevent injuries from the use of their products and services. The burden of
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
injury, they reason, should be borne by those who create risks rather than by those who fall prey to them. The
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
philosophical and political debates on the issue of risk allocation have gained new significance in one of the
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
most recent developments in tort law—product liability.
zx zx zx zx zx zx zx
34. Give a counterargument to the argument you presented in question #1.
zx zx zx zx zx zx zx zx zx zx
ANSWER: Others argue that we have become too paternalistic in our efforts to protect individuals and that we should
z x zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
allow people to bear the consequences of their decisions. After all, they point out, the process of living comes
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
with no guarantees and the assurance of safety is too high a price to pay for freedom. In addition to this
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
philosophical concern, there is reluctance to burden a defendant, particularly an industry, with all losses, for
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
fear of financial ruin. zx zx zx zx
35. How does the ―slippery slope‖ argument affect decisions made by the courts?
zx zx zx zx zx zx zx zx zx zx zx
Copyright Cengage Learning. Powered by Cognero.
zx zx zx zx zx Page 4
zx
TEST BANK FOR z x zx
Tort Law, 7th Edition J. Stanley Edwards, J.D.Traci L. Cull, J.D
zx zx zx zx zx zx zx zx zx zx
Chapter 1-19 zx
Chapter 01-Overview of Tort Law zx zx zx zx
True / False zx zx
1. Under all circumstances, those who create risks should bear the burden of injuries they create rather than those who fall
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
prey to such injury.
zx zx zx zx
a. True
b. False
ANSWER: False
2. A tort is a civil wrong in which a victim is compensated in the form of damages for the injuries they suffer.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
3. Whether conduct is reasonable is sometimes difficult to determine.
zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
4. The ideas of justice, fairness, and equality are the cornerstones of public policy concerns.
zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
5. Understanding public policy is essential to tort law. zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
6. ―Slippery slope‖ arguments reflect administrative concerns of courts.
zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
7. Issues of personal and public morality cannot be taken into consideration in tort law.
zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
8. If there is a statute that exists for a case, the judge is mandated to follow it.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
Copyright Cengage Learning. Powered by Cognero.
zx zx zx zx zx Page 1
zx
,Name: Class: Date:
a. True
b. False
ANSWER: True zx
9. The Restatement is a set of guidelines created by the courts.
zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
10. The Restatement has been adopted in all states.
zx zx zx zx zx zx zx
a, True
zx zx
b. False
zx
ANSWER: False
zx zx
11. A tort is considered an offense against society.
zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
12. The purpose of suing under tort law is to punish the offender.
zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
zx zx
13. There is no overlap between tort law and criminal law.
zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
zx zx
14. The plaintiff in a tort case has the burden of proving their case by a preponderance of the evidence.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
15. Some actions can result in a criminal offense as well as a tort offense.
zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
zx zx
16. In tort law, duties are imposed by law rather than by being voluntarily assumed or consented to by the parties.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
Copyright Cengage Learning. Powered by Cognero.
zx zx zx zx zx Page 2
zx
,Name: Class: Date:
b. False
ANSWER: True z x
17. In a tort action, the remedy is to compensate the prevailing party with the benefit of the bargain. a,
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
True
zx
b. False
zx
ANSWER: False
zx zx
18. The primary goal of the blood feud in early societies was compensation for the victim.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
19. An action in trespass requires a showing of fault on the part of the defendant while a trespass on the case does not.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: False
20. A plaintiff in a trespass on-the-case action must show injury and damage.
zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
21. A rise in negligence cases led to the disintegration of actions in trespass and trespass on the case actions.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
a. True
b. False
ANSWER: True
zx zx
Completion
22. is a tort in which no fault or intent must be shown.
zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Strict liability z x zx
23. The burden of proof for a tort is preponderance of evidence while the burden of proof for a crime must be proven
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
.
ANSWER: beyond a reasonable doubt z x zx zx zx
24. In tort law, it is the
zx zx interest that has been violated, while in criminal law, it is
zx zx zx zx zx zx zx zx zx zx zx zx zx zx
interest that has been violated. zx zx zx zx
ANSWER: individual’s, society’s z x zx
Copyright Cengage Learning. Powered by Cognero.
zx zx zx zx zx Page 3
zx
, Name: Class: Date:
25. Tort law looks to the zx zx zx zx zx to determine if an action is universally regarded as right or wrong.
zx zx zx zx zx zx zx zx zx zx zx
ANSWER: public morality
zx zx zx
26. means that the use of an argument in one case can lead to the same argument in numerous other zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
cases with no end in sight.
zx zx zx zx zx zx
ANSWER: Slippery slope argument zx zx zx
27. The zx is frequently cited and used to guide persons through the maze of tort law decisions. zx zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Restatement of Torts
zx zx zx zx
28. The primary purpose of criminal law is
zx zx zx zx zx zx zx while the primary purpose of tort law is zx zx zx zx zx zx zx zx
ANSWER: punishment, compensation
zx zx zx
29. A plea of
zx zx zx by a defendant precludes any guilt from being used against them in a civil trial.
zx zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: nolo contender
zx zx zx
30. In barbaric societies, the process used to remedy a wrong suffered by a member of the clan was by means of a(n)
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
.
ANSWER: blood feud z x zx
31. A(n) zx requires proof that the defendant used force directly on the plaintiff or the zx zx zx zx zx zx zx zx zx zx zx zx
plaintiff’s property, while a(n) zx requires no showing of force and can be sustained even zx zx zx zx zx zx zx zx zx zx zx zx
where an injury was inflicted indirectly.
zx zx zx zx zx zx
ANSWER: action in trespass, trespass on the case z x zx zx zx zx zx zx
32. arose as a cause of action as more traffic-related cases came before the courts.
zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Negligence z x
Subjective Short Answer zx zx
33. What is one argument regarding the allocation of risks in reference to tort law?
zx zx zx zx zx zx zx zx zx zx zx zx zx
ANSWER: Advocates of expanded tort liability see tort law as the knight in shining armor, duly anointed to protect the
z x zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
interests of the consumer. In their perception, manufacturers and those who deliver services are better able
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
than consumers to predict and prevent injuries from the use of their products and services. The burden of
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
injury, they reason, should be borne by those who create risks rather than by those who fall prey to them. The
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
philosophical and political debates on the issue of risk allocation have gained new significance in one of the
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
most recent developments in tort law—product liability.
zx zx zx zx zx zx zx
34. Give a counterargument to the argument you presented in question #1.
zx zx zx zx zx zx zx zx zx zx
ANSWER: Others argue that we have become too paternalistic in our efforts to protect individuals and that we should
z x zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
allow people to bear the consequences of their decisions. After all, they point out, the process of living comes
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
with no guarantees and the assurance of safety is too high a price to pay for freedom. In addition to this
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
philosophical concern, there is reluctance to burden a defendant, particularly an industry, with all losses, for
zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx zx
fear of financial ruin. zx zx zx zx
35. How does the ―slippery slope‖ argument affect decisions made by the courts?
zx zx zx zx zx zx zx zx zx zx zx
Copyright Cengage Learning. Powered by Cognero.
zx zx zx zx zx Page 4
zx
