, TESTBANK for Tort Law, 7th Edition J. Stanley
Edwards
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Name: Class: Date:
Chapter 01-Overview of Tort Law
True / False
1. Under all circumstances, those who create risks should bear the burden of injuries they create rather than those who fall
prey to such injury.
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.
a. True
b. False
ANSWER: True
3. Whether conduct is reasonable is sometimes difficult to determine.
a. True
b. False
ANSWER: True
4. The ideas of justice, fairness, and equality are the cornerstones of public policy concerns.
a. True
b. False
ANSWER: True
5. Understanding public policy is essential to tort law.
a. True
b. False
ANSWER: True
6. “Slippery slope” arguments reflect administrative concerns of courts.
a. True
b. False
ANSWER: True
7. Issues of personal and public morality cannot be taken into consideration in tort law.
a. True
b. False
ANSWER: False
8. If there is a statute that exists for a case, the judge is mandated to follow it.
a. True
b. False
ANSWER: True
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,Name: Class: Date:
Chapter 01-Overview of Tort Law
9. The Restatement is a set of guidelines created by the courts.
a. True
b. False
ANSWER: False
10. The Restatement has been adopted in all states.
a, True
b. False
ANSWER: False
11. A tort is considered an offense against society.
a. True
b. False
ANSWER: False
12. The purpose of suing under tort law is to punish the offender.
a. True
b. False
ANSWER: False
13. There is no overlap between tort law and criminal law.
a. True
b. False
ANSWER: False
14. The plaintiff in a tort case has the burden of proving their case by a preponderance of the evidence.
a. True
b. False
ANSWER: True
15. Some actions can result in a criminal offense as well as a tort offense.
a. True
b. False
ANSWER: True
16. In tort law, duties are imposed by law rather than by being voluntarily assumed or consented to by the parties.
a. True
b. False
ANSWER: True
17. In a tort action, the remedy is to compensate the prevailing party with the benefit of the bargain.
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,Name: Class: Date:
Chapter 01-Overview of Tort Law
a, True
b. False
ANSWER: False
18. The primary goal of the blood feud in early societies was compensation for the victim.
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.
a. True
b. False
ANSWER: False
20. A plaintiff in a trespass on-the-case action must show injury and damage.
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.
a. True
b. False
ANSWER: True
Completion
22. _________________________ is a tort in which no fault or intent must be shown.
ANSWER: Strict liability
23. The burden of proof for a tort is preponderance of evidence while the burden of proof for a crime must be proven
______________________________.
ANSWER: beyond a reasonable doubt
24. In tort law, it is the ____________________ interest that has been violated, while in criminal law, it is
____________________ interest that has been violated.
ANSWER: individual’s, society’s
25. Tort law looks to the ______________ to determine if an action is universally regarded as right or wrong.
ANSWER: public morality
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,Name: Class: Date:
Chapter 01-Overview of Tort Law
26. _______________ means that the use of an argument in one case can lead to the same argument in numerous other
cases with no end in sight.
ANSWER: Slippery slope argument
27. The ____________________ is frequently cited and used to guide persons through the maze of tort law decisions.
ANSWER: Restatement of Torts
28. The primary purpose of criminal law is ________________ while the primary purpose of tort law is _____________
ANSWER: punishment, compensation
29. A plea of _____________ by a defendant precludes any guilt from being used against them in a civil trial.
ANSWER: nolo contender
30. In barbaric societies, the process used to remedy a wrong suffered by a member of the clan was by means of a(n)
____________________.
ANSWER: blood feud
31. A(n) _________________________ requires proof that the defendant used force directly on the plaintiff or the
plaintiff’s property, while a(n) _________________________ requires no showing of force and can be sustained even
where an injury was inflicted indirectly.
ANSWER: action in trespass, trespass on the case
32. ____________________ arose as a cause of action as more traffic-related cases came before the courts.
ANSWER: Negligence
Subjective Short Answer
33. What is one argument regarding the allocation of risks in reference to tort law?
ANSWER: Advocates of expanded tort liability see tort law as the knight in shining armor, duly anointed to protect the
interests of the consumer. In their perception, manufacturers and those who deliver services are better able
than consumers to predict and prevent injuries from the use of their products and services. The burden of
injury, they reason, should be borne by those who create risks rather than by those who fall prey to them. The
philosophical and political debates on the issue of risk allocation have gained new significance in one of the
most recent developments in tort law—product liability.
34. Give a counterargument to the argument you presented in question #1.
ANSWER: Others argue that we have become too paternalistic in our efforts to protect individuals and that we should
allow people to bear the consequences of their decisions. After all, they point out, the process of living comes
with no guarantees and the assurance of safety is too high a price to pay for freedom. In addition to this
philosophical concern, there is reluctance to burden a defendant, particularly an industry, with all losses, for
fear of financial ruin.
35. How does the “slippery slope” argument affect decisions made by the courts?
ANSWER: Perhaps you have heard of the slippery-slope argument, which means, essentially, that use of an argument in
one case will allow application of that same argument in innumerable other cases. The metaphor is used to
show that once you take the first step, it is too easy to fall down the slippery slope to the bottom of the hill,
Copyright Cengage Learning. Powered by Cognero. Page 4
,Name: Class: Date:
Chapter 01-Overview of Tort Law
presumably into a morass of undesirable outcomes. The slippery-slope argument is, in essence, an
administrative concern. A court fears that if it finds negligence on behalf of the sympathetic plaintiff before it,
hundreds of thousands of similarly situated individuals or those whose situations are analogous to the case will
also seek redress. The precedential effect of arguments regarding physician-assisted suicide, racial
composition of juries, and the use of marijuana for medical purposes are among the many slippery-slope issues
considered by the courts.
36. Name two differences between torts and crimes.
ANSWER:
TORTS/CRIMES
PURPOSE: Compensation/Punishment
STANDARD OF PROOF: Preponderance of Evidence/Beyond a Reasonable Doubt
INTERESTS VIOLATED: Individual’s Interest/Society’s Interest
PROCEDURAL RULES: Civil Rules/Criminal Rules
The primary purpose of criminal law is punishment and the primary purpose of tort law is
compensation..
37. What is one difference between contract law and tort law?
ANSWER:
CONTRACT/LAW TORT LAW
DUTIES ASSIGNED: By Parties’ Consent/Imposed by Law
OBLIGATIONS MADE TO: Specific Individuals/Society in General
In a contract action, the parties have voluntarily and knowingly assumed duties or obligations to
others. In tort law, duties are imposed by the law without any express consent or awareness of
those involved. The remedy in a contract action is to compensate the prevailing party and provide
them what they expected under the contract. Under tort law, the remedy is broader and can include
monetary damages for pain and suffering, economic damages, and punitive damages.
38. What are two differences between an action in trespass and a trespass on the case?
ANSWER: Action in trespass/Trespass on the case (wrongful intent or negligence)
(No fault)/No force or indirect injury)
(Vi et armis)/Negligence (fault required)
(Direct use of force)/Strict liability (no fault)
Action in trespass required plaintiff alleging that the defendant has used force directly on their
person or property. No other showing of fault was required. Trespass on the case allowed recovery
in the absence of force or where an injury was inflicted indirectly. Trespass on the case required
proof of the defendant’s wrongful intent or negligence.
39. In what sense have we come full circle in tort law in terms of assigning fault?
ANSWER: Strict liability (no fault) reigned supreme during early Anglo-Saxon law and was evident in the action in
trespass. Only in actions on the case did the notion of duty and neglect arise. Now, at the beginning of the
twenty-first century, strict liability has once again assumed importance in our legal system. More and more
modern courts are assigning liability even where there is no showing of fault. The idea behind strict liability
being that it would not be fair to require an injured consumer to have to prove every element of their injuries
in order for a manufacturer to be liable.
Copyright Cengage Learning. Powered by Cognero. Page 5
,Name: Class: Date:
Chapter 01-Overview of Tort Law
40 Describe how the interests of society or the public policy concerns affect tort law.
ANSWER: Tort law often goes beyond compensating individuals and considers the interests and goals of
society at large and the community in which we live. These public policy concerns dictate the norms of the
community or the public based on its beliefs and values regarding justice, fairness, and equality. All laws,
including tort law, are based in part on the public policy of the society and/or community. Finding the public
policy of a law often means looking at the rationale or reason for the law. Understanding public policy is
essential to understanding tort law.
Copyright Cengage Learning. Powered by Cognero. Page 6
,Name: Class: Date:
Chapter 02-Overview of a Tort Case
True / False
1. A complaint must establish the basis for the court’s jurisdiction.
a. True
b. False
ANSWER: True
2. A complaint must include a brief summary of each of the elements of the case along with any basic facts
that will be used to prove each element.
a. True
b. False
ANSWER: True
3. A verification must always accompany a complaint.
a. True
b. False
ANSWER: False
4. If a defendant does not answer a complaint, a plaintiff can receive a summary judgment.
a. True
b. False
ANSWER: False
5. An affirmative defense must be proven by the opposing party who brought it up.
a. True
b. False
ANSWER: False
6. A counterclaim is a claim raised against any co-party or co-defendant.
a. True
b. False
ANSWER: False
7. A demurrer is a motion stating that the court in which the complaint was filed lacks venue.
a. True
b. False
ANSWER: False
8. One purpose of discovery is to promote the equitable settlement of cases.
a. True
b. False
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, Name: Class: Date:
Chapter 02-Overview of a Tort Case
ANSWER: True
9. Interrogatories are usually answered by or with the assistance of attorneys and under oath.
a. True
b. False
ANSWER: True
10. Deposition testimony can be used to impeach a witness at trial but cannot be introduced at trial if the witness fails to
appear.
a. True
b. False
ANSWER: False
11. If a party fails to respond to a request for admissions, those matters within that request will be deemed admitted at
trial.
a. True
b. False
ANSWER: True
12. A request for a medical examination may be requested by the opposing party to get a second opinion.
a. True
b. False
ANSWER: True
13 The reason behind disclosure statements is so that the opposing sides have an edge on each other.
a. True
b. False
ANSWER: False
14. If an attorney does not want to give up information they think falls under attorney/client privilege, they can
file a motion to compel.
a. True
b. False
ANSWER: False
15. To rebut a motion for summary judgment, a party must merely allege that a factual dispute does indeed exist.
a. True
b. False
ANSWER: False
16. One of the reasons behind a pretrial conference is to clarify the issues and defenses to be raised at trial.
a. True
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Edwards
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Name: Class: Date:
Chapter 01-Overview of Tort Law
True / False
1. Under all circumstances, those who create risks should bear the burden of injuries they create rather than those who fall
prey to such injury.
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.
a. True
b. False
ANSWER: True
3. Whether conduct is reasonable is sometimes difficult to determine.
a. True
b. False
ANSWER: True
4. The ideas of justice, fairness, and equality are the cornerstones of public policy concerns.
a. True
b. False
ANSWER: True
5. Understanding public policy is essential to tort law.
a. True
b. False
ANSWER: True
6. “Slippery slope” arguments reflect administrative concerns of courts.
a. True
b. False
ANSWER: True
7. Issues of personal and public morality cannot be taken into consideration in tort law.
a. True
b. False
ANSWER: False
8. If there is a statute that exists for a case, the judge is mandated to follow it.
a. True
b. False
ANSWER: True
Copyright Cengage Learning. Powered by Cognero. Page 1
,Name: Class: Date:
Chapter 01-Overview of Tort Law
9. The Restatement is a set of guidelines created by the courts.
a. True
b. False
ANSWER: False
10. The Restatement has been adopted in all states.
a, True
b. False
ANSWER: False
11. A tort is considered an offense against society.
a. True
b. False
ANSWER: False
12. The purpose of suing under tort law is to punish the offender.
a. True
b. False
ANSWER: False
13. There is no overlap between tort law and criminal law.
a. True
b. False
ANSWER: False
14. The plaintiff in a tort case has the burden of proving their case by a preponderance of the evidence.
a. True
b. False
ANSWER: True
15. Some actions can result in a criminal offense as well as a tort offense.
a. True
b. False
ANSWER: True
16. In tort law, duties are imposed by law rather than by being voluntarily assumed or consented to by the parties.
a. True
b. False
ANSWER: True
17. In a tort action, the remedy is to compensate the prevailing party with the benefit of the bargain.
Copyright Cengage Learning. Powered by Cognero. Page 2
,Name: Class: Date:
Chapter 01-Overview of Tort Law
a, True
b. False
ANSWER: False
18. The primary goal of the blood feud in early societies was compensation for the victim.
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.
a. True
b. False
ANSWER: False
20. A plaintiff in a trespass on-the-case action must show injury and damage.
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.
a. True
b. False
ANSWER: True
Completion
22. _________________________ is a tort in which no fault or intent must be shown.
ANSWER: Strict liability
23. The burden of proof for a tort is preponderance of evidence while the burden of proof for a crime must be proven
______________________________.
ANSWER: beyond a reasonable doubt
24. In tort law, it is the ____________________ interest that has been violated, while in criminal law, it is
____________________ interest that has been violated.
ANSWER: individual’s, society’s
25. Tort law looks to the ______________ to determine if an action is universally regarded as right or wrong.
ANSWER: public morality
Copyright Cengage Learning. Powered by Cognero. Page 3
,Name: Class: Date:
Chapter 01-Overview of Tort Law
26. _______________ means that the use of an argument in one case can lead to the same argument in numerous other
cases with no end in sight.
ANSWER: Slippery slope argument
27. The ____________________ is frequently cited and used to guide persons through the maze of tort law decisions.
ANSWER: Restatement of Torts
28. The primary purpose of criminal law is ________________ while the primary purpose of tort law is _____________
ANSWER: punishment, compensation
29. A plea of _____________ by a defendant precludes any guilt from being used against them in a civil trial.
ANSWER: nolo contender
30. In barbaric societies, the process used to remedy a wrong suffered by a member of the clan was by means of a(n)
____________________.
ANSWER: blood feud
31. A(n) _________________________ requires proof that the defendant used force directly on the plaintiff or the
plaintiff’s property, while a(n) _________________________ requires no showing of force and can be sustained even
where an injury was inflicted indirectly.
ANSWER: action in trespass, trespass on the case
32. ____________________ arose as a cause of action as more traffic-related cases came before the courts.
ANSWER: Negligence
Subjective Short Answer
33. What is one argument regarding the allocation of risks in reference to tort law?
ANSWER: Advocates of expanded tort liability see tort law as the knight in shining armor, duly anointed to protect the
interests of the consumer. In their perception, manufacturers and those who deliver services are better able
than consumers to predict and prevent injuries from the use of their products and services. The burden of
injury, they reason, should be borne by those who create risks rather than by those who fall prey to them. The
philosophical and political debates on the issue of risk allocation have gained new significance in one of the
most recent developments in tort law—product liability.
34. Give a counterargument to the argument you presented in question #1.
ANSWER: Others argue that we have become too paternalistic in our efforts to protect individuals and that we should
allow people to bear the consequences of their decisions. After all, they point out, the process of living comes
with no guarantees and the assurance of safety is too high a price to pay for freedom. In addition to this
philosophical concern, there is reluctance to burden a defendant, particularly an industry, with all losses, for
fear of financial ruin.
35. How does the “slippery slope” argument affect decisions made by the courts?
ANSWER: Perhaps you have heard of the slippery-slope argument, which means, essentially, that use of an argument in
one case will allow application of that same argument in innumerable other cases. The metaphor is used to
show that once you take the first step, it is too easy to fall down the slippery slope to the bottom of the hill,
Copyright Cengage Learning. Powered by Cognero. Page 4
,Name: Class: Date:
Chapter 01-Overview of Tort Law
presumably into a morass of undesirable outcomes. The slippery-slope argument is, in essence, an
administrative concern. A court fears that if it finds negligence on behalf of the sympathetic plaintiff before it,
hundreds of thousands of similarly situated individuals or those whose situations are analogous to the case will
also seek redress. The precedential effect of arguments regarding physician-assisted suicide, racial
composition of juries, and the use of marijuana for medical purposes are among the many slippery-slope issues
considered by the courts.
36. Name two differences between torts and crimes.
ANSWER:
TORTS/CRIMES
PURPOSE: Compensation/Punishment
STANDARD OF PROOF: Preponderance of Evidence/Beyond a Reasonable Doubt
INTERESTS VIOLATED: Individual’s Interest/Society’s Interest
PROCEDURAL RULES: Civil Rules/Criminal Rules
The primary purpose of criminal law is punishment and the primary purpose of tort law is
compensation..
37. What is one difference between contract law and tort law?
ANSWER:
CONTRACT/LAW TORT LAW
DUTIES ASSIGNED: By Parties’ Consent/Imposed by Law
OBLIGATIONS MADE TO: Specific Individuals/Society in General
In a contract action, the parties have voluntarily and knowingly assumed duties or obligations to
others. In tort law, duties are imposed by the law without any express consent or awareness of
those involved. The remedy in a contract action is to compensate the prevailing party and provide
them what they expected under the contract. Under tort law, the remedy is broader and can include
monetary damages for pain and suffering, economic damages, and punitive damages.
38. What are two differences between an action in trespass and a trespass on the case?
ANSWER: Action in trespass/Trespass on the case (wrongful intent or negligence)
(No fault)/No force or indirect injury)
(Vi et armis)/Negligence (fault required)
(Direct use of force)/Strict liability (no fault)
Action in trespass required plaintiff alleging that the defendant has used force directly on their
person or property. No other showing of fault was required. Trespass on the case allowed recovery
in the absence of force or where an injury was inflicted indirectly. Trespass on the case required
proof of the defendant’s wrongful intent or negligence.
39. In what sense have we come full circle in tort law in terms of assigning fault?
ANSWER: Strict liability (no fault) reigned supreme during early Anglo-Saxon law and was evident in the action in
trespass. Only in actions on the case did the notion of duty and neglect arise. Now, at the beginning of the
twenty-first century, strict liability has once again assumed importance in our legal system. More and more
modern courts are assigning liability even where there is no showing of fault. The idea behind strict liability
being that it would not be fair to require an injured consumer to have to prove every element of their injuries
in order for a manufacturer to be liable.
Copyright Cengage Learning. Powered by Cognero. Page 5
,Name: Class: Date:
Chapter 01-Overview of Tort Law
40 Describe how the interests of society or the public policy concerns affect tort law.
ANSWER: Tort law often goes beyond compensating individuals and considers the interests and goals of
society at large and the community in which we live. These public policy concerns dictate the norms of the
community or the public based on its beliefs and values regarding justice, fairness, and equality. All laws,
including tort law, are based in part on the public policy of the society and/or community. Finding the public
policy of a law often means looking at the rationale or reason for the law. Understanding public policy is
essential to understanding tort law.
Copyright Cengage Learning. Powered by Cognero. Page 6
,Name: Class: Date:
Chapter 02-Overview of a Tort Case
True / False
1. A complaint must establish the basis for the court’s jurisdiction.
a. True
b. False
ANSWER: True
2. A complaint must include a brief summary of each of the elements of the case along with any basic facts
that will be used to prove each element.
a. True
b. False
ANSWER: True
3. A verification must always accompany a complaint.
a. True
b. False
ANSWER: False
4. If a defendant does not answer a complaint, a plaintiff can receive a summary judgment.
a. True
b. False
ANSWER: False
5. An affirmative defense must be proven by the opposing party who brought it up.
a. True
b. False
ANSWER: False
6. A counterclaim is a claim raised against any co-party or co-defendant.
a. True
b. False
ANSWER: False
7. A demurrer is a motion stating that the court in which the complaint was filed lacks venue.
a. True
b. False
ANSWER: False
8. One purpose of discovery is to promote the equitable settlement of cases.
a. True
b. False
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, Name: Class: Date:
Chapter 02-Overview of a Tort Case
ANSWER: True
9. Interrogatories are usually answered by or with the assistance of attorneys and under oath.
a. True
b. False
ANSWER: True
10. Deposition testimony can be used to impeach a witness at trial but cannot be introduced at trial if the witness fails to
appear.
a. True
b. False
ANSWER: False
11. If a party fails to respond to a request for admissions, those matters within that request will be deemed admitted at
trial.
a. True
b. False
ANSWER: True
12. A request for a medical examination may be requested by the opposing party to get a second opinion.
a. True
b. False
ANSWER: True
13 The reason behind disclosure statements is so that the opposing sides have an edge on each other.
a. True
b. False
ANSWER: False
14. If an attorney does not want to give up information they think falls under attorney/client privilege, they can
file a motion to compel.
a. True
b. False
ANSWER: False
15. To rebut a motion for summary judgment, a party must merely allege that a factual dispute does indeed exist.
a. True
b. False
ANSWER: False
16. One of the reasons behind a pretrial conference is to clarify the issues and defenses to be raised at trial.
a. True
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