ESTUDYR
COB 318 - EXAM 2 UPDATED EXAM WITH MOST TESTED
QUESTIONS AND ANSWERS | GRADED A+ | ASSURED
SUCCESS WITH DETAILED RATIONALES
A tort is best defined as:
A. A criminal act prosecuted by the state.
B. A breach of contract between two parties.
C. A wrongful act or violation of a protected interest that is remedied under civil law. ✅
D. A statutory regulatory violation.
Rationale: Tort law addresses civil wrongs (injuries to persons or property) rather than crimes.
The primary purpose of tort law is to:
A. Punish offenders through imprisonment.
B. Enforce statutory compliance.
C. Compensate injured parties for losses caused by another’s wrongful act. ✅
D. Create criminal records for defendants.
Rationale: Tort law’s core aim is compensation (monetary or property remedies) for victims.
Compensatory damages are intended to:
A. Punish the defendant.
B. Provide public apology.
C. Make the plaintiff whole by awarding money equal to actual loss. ✅
D. Remove the defendant’s property permanently.
Rationale: Compensatory damages equal the actual value of injuries/losses.
Punitive damages are awarded to:
A. Reimburse medical bills only.
B. Punish the wrongdoer and deter similar conduct. ✅
C. Replace lost property title.
D. Compensate for future emotional distress only.
Rationale: Punitive damages aim to punish and deter especially for grossly negligent or intentional
conduct.
The two major classifications of torts are:
A. Civil and criminal torts.
B. Strict liability and absolute liability.
C. Intentional torts and unintentional torts (negligence). ✅
D. Statutory and regulatory torts.
Rationale: Torts are typically categorized by intentional acts vs. negligent (unintentional) acts.
,ESTUDYR
A tortfeasor is:
A. The plaintiff in a tort suit.
B. The person or business who commits the tort. ✅
C. A judge who presides over tort cases.
D. The insurance adjuster.
Rationale: Tortfeasor = the wrongdoer whose conduct caused injury.
Assault requires:
A. Actual physical contact only.
B. A written threat delivered later.
C. Intentional act causing reasonable apprehension of immediate harmful or offensive contact. ✅
D. Mere insulting words with no threat.
Rationale: Assault is the reasonable fear/apprehension of imminent offensive contact.
Battery differs from assault because battery requires:
A. Words spoken in public.
B. Intentional and unexcused harmful or offensive physical contact. ✅
C. A future threat only.
D. Publication of a false statement.
Rationale: Battery is the contact (assault is apprehension of contact).
False imprisonment is best described as:
A. A contractual agreement to detain someone.
B. An accidental delay of travel.
C. Intentional confinement or restraint without lawful justification. ✅
D. Publishing a false statement about someone.
Rationale: False imprisonment is intentional and unjustified restraint of movement.
A common defense to assault, battery, and false imprisonment is:
A. Comparative negligence.
B. Self-defense (or defense of others). ✅
C. Res ipsa loquitur.
D. Negligence per se.
Rationale: Self-defense legally justifies otherwise tortious force in many circumstances.
Defamation requires which of the following?
A. An opinion only.
B. A private conversation between two people.
C. A false statement of fact published to a third party that harms reputation. ✅
D. Truthful statements reported accurately.
Rationale: Defamation is a false factual statement communicated to others harming reputation.
Libel and slander differ in that:
A. Libel = written publication; slander = spoken publication. ✅
,ESTUDYR
B. Libel is always worse than slander.
C. Slander is never actionable.
D. They are identical in all legal respects.
Rationale: The distinction is format: written/permanent vs oral/transitory.
The strongest defense to a defamation claim is:
A. Qualified privilege.
B. The subject is a public figure.
C. Truth. ✅
D. Opinion.
Rationale: Truth (statement is true) is an absolute defense against defamation.
A public figure claiming defamation must also prove:
A. That the statement was published only once.
B. No additional proof beyond publication.
C. Actual malice — defendant knew falsity or acted with reckless disregard for truth. ✅
D. That the publisher profited financially.
Rationale: Public figures have diminished protection; must show actual malice.
Invasion of privacy includes all of the following categories EXCEPT:
A. Intrusion into seclusion.
B. False light.
C. Public disclosure of private facts.
D. Comparative negligence. ✅
Rationale: Comparative negligence is a negligence defense, not an invasion of privacy category.
Appropriation of identity occurs when:
A. Someone publishes truthful facts about you.
B. You are placed in false light in a book.
C. Someone uses your likeness for commercial purposes without consent. ✅
D. Your private diary is read by family.
Rationale: Appropriation protects against unauthorized commercial use of a person’s identity.
Negligence is:
A. Always intentional conduct.
B. Only applicable to doctors.
C. Failure to exercise reasonable care under the circumstances. ✅
D. A strict liability doctrine.
Rationale: Negligence is breach of duty causing foreseeable harm.
A professional’s breach of the applicable standard of care is called:
A. Assault.
B. Negligence per se.
C. Malpractice. ✅
, ESTUDYR
D. Strict liability.
Rationale: Professionals are measured against customary standards—breach = malpractice.
To recover in negligence, a plaintiff must generally prove:
A. Only the defendant’s bad motive.
B. Only the existence of injury.
C. Duty, breach, causation (actual & proximate), and damages. ✅
D. Intent to harm.
Rationale: All four elements are required to establish civil negligence liability.
Actual cause (causation in fact) is typically tested by:
A. Proximate test.
B. The “but for” test — but for the defendant’s act, the harm would not have occurred. ✅
C. Strict liability analysis.
D. Res ipsa loquitur.
Rationale: Actual causation asks whether the harm would not have occurred but for the act.
Proximate cause (legal cause) limits liability by requiring:
A. The defendant to have intent.
B. A signed waiver.
C. That the plaintiff’s injury was a foreseeable result of the defendant’s conduct. ✅
D. That no other causes exist.
Rationale: Proximate cause draws the line for liability via foreseeability.
Assumption of risk as a defense:
A. Always reduces damages by 50%.
B. Bars recovery when plaintiff knowingly and voluntarily accepts a known risk. ✅
C. Is weaker than comparative negligence.
D. Applies only to intentional torts.
Rationale: If a plaintiff knew and accepted the risk, recovery is often barred.
A superseding cause defense will:
A. Always increase defendant’s liability.
B. Break the causal chain if an unforeseeable intervening event occurs. ✅
C. Convert negligence into strict liability.
D. Require res ipsa loquitur.
Rationale: A truly unforeseeable intervening act may relieve the original actor of liability.
Comparative negligence rules:
A. Always bar plaintiff recovery if any fault is found.
B. Reduce plaintiff’s recovery proportionally to plaintiff’s own fault. ✅
C. Convert the case into criminal prosecution.
D. Are never used in tort cases.
Rationale: Comparative negligence apportions fault and damages accordingly.
COB 318 - EXAM 2 UPDATED EXAM WITH MOST TESTED
QUESTIONS AND ANSWERS | GRADED A+ | ASSURED
SUCCESS WITH DETAILED RATIONALES
A tort is best defined as:
A. A criminal act prosecuted by the state.
B. A breach of contract between two parties.
C. A wrongful act or violation of a protected interest that is remedied under civil law. ✅
D. A statutory regulatory violation.
Rationale: Tort law addresses civil wrongs (injuries to persons or property) rather than crimes.
The primary purpose of tort law is to:
A. Punish offenders through imprisonment.
B. Enforce statutory compliance.
C. Compensate injured parties for losses caused by another’s wrongful act. ✅
D. Create criminal records for defendants.
Rationale: Tort law’s core aim is compensation (monetary or property remedies) for victims.
Compensatory damages are intended to:
A. Punish the defendant.
B. Provide public apology.
C. Make the plaintiff whole by awarding money equal to actual loss. ✅
D. Remove the defendant’s property permanently.
Rationale: Compensatory damages equal the actual value of injuries/losses.
Punitive damages are awarded to:
A. Reimburse medical bills only.
B. Punish the wrongdoer and deter similar conduct. ✅
C. Replace lost property title.
D. Compensate for future emotional distress only.
Rationale: Punitive damages aim to punish and deter especially for grossly negligent or intentional
conduct.
The two major classifications of torts are:
A. Civil and criminal torts.
B. Strict liability and absolute liability.
C. Intentional torts and unintentional torts (negligence). ✅
D. Statutory and regulatory torts.
Rationale: Torts are typically categorized by intentional acts vs. negligent (unintentional) acts.
,ESTUDYR
A tortfeasor is:
A. The plaintiff in a tort suit.
B. The person or business who commits the tort. ✅
C. A judge who presides over tort cases.
D. The insurance adjuster.
Rationale: Tortfeasor = the wrongdoer whose conduct caused injury.
Assault requires:
A. Actual physical contact only.
B. A written threat delivered later.
C. Intentional act causing reasonable apprehension of immediate harmful or offensive contact. ✅
D. Mere insulting words with no threat.
Rationale: Assault is the reasonable fear/apprehension of imminent offensive contact.
Battery differs from assault because battery requires:
A. Words spoken in public.
B. Intentional and unexcused harmful or offensive physical contact. ✅
C. A future threat only.
D. Publication of a false statement.
Rationale: Battery is the contact (assault is apprehension of contact).
False imprisonment is best described as:
A. A contractual agreement to detain someone.
B. An accidental delay of travel.
C. Intentional confinement or restraint without lawful justification. ✅
D. Publishing a false statement about someone.
Rationale: False imprisonment is intentional and unjustified restraint of movement.
A common defense to assault, battery, and false imprisonment is:
A. Comparative negligence.
B. Self-defense (or defense of others). ✅
C. Res ipsa loquitur.
D. Negligence per se.
Rationale: Self-defense legally justifies otherwise tortious force in many circumstances.
Defamation requires which of the following?
A. An opinion only.
B. A private conversation between two people.
C. A false statement of fact published to a third party that harms reputation. ✅
D. Truthful statements reported accurately.
Rationale: Defamation is a false factual statement communicated to others harming reputation.
Libel and slander differ in that:
A. Libel = written publication; slander = spoken publication. ✅
,ESTUDYR
B. Libel is always worse than slander.
C. Slander is never actionable.
D. They are identical in all legal respects.
Rationale: The distinction is format: written/permanent vs oral/transitory.
The strongest defense to a defamation claim is:
A. Qualified privilege.
B. The subject is a public figure.
C. Truth. ✅
D. Opinion.
Rationale: Truth (statement is true) is an absolute defense against defamation.
A public figure claiming defamation must also prove:
A. That the statement was published only once.
B. No additional proof beyond publication.
C. Actual malice — defendant knew falsity or acted with reckless disregard for truth. ✅
D. That the publisher profited financially.
Rationale: Public figures have diminished protection; must show actual malice.
Invasion of privacy includes all of the following categories EXCEPT:
A. Intrusion into seclusion.
B. False light.
C. Public disclosure of private facts.
D. Comparative negligence. ✅
Rationale: Comparative negligence is a negligence defense, not an invasion of privacy category.
Appropriation of identity occurs when:
A. Someone publishes truthful facts about you.
B. You are placed in false light in a book.
C. Someone uses your likeness for commercial purposes without consent. ✅
D. Your private diary is read by family.
Rationale: Appropriation protects against unauthorized commercial use of a person’s identity.
Negligence is:
A. Always intentional conduct.
B. Only applicable to doctors.
C. Failure to exercise reasonable care under the circumstances. ✅
D. A strict liability doctrine.
Rationale: Negligence is breach of duty causing foreseeable harm.
A professional’s breach of the applicable standard of care is called:
A. Assault.
B. Negligence per se.
C. Malpractice. ✅
, ESTUDYR
D. Strict liability.
Rationale: Professionals are measured against customary standards—breach = malpractice.
To recover in negligence, a plaintiff must generally prove:
A. Only the defendant’s bad motive.
B. Only the existence of injury.
C. Duty, breach, causation (actual & proximate), and damages. ✅
D. Intent to harm.
Rationale: All four elements are required to establish civil negligence liability.
Actual cause (causation in fact) is typically tested by:
A. Proximate test.
B. The “but for” test — but for the defendant’s act, the harm would not have occurred. ✅
C. Strict liability analysis.
D. Res ipsa loquitur.
Rationale: Actual causation asks whether the harm would not have occurred but for the act.
Proximate cause (legal cause) limits liability by requiring:
A. The defendant to have intent.
B. A signed waiver.
C. That the plaintiff’s injury was a foreseeable result of the defendant’s conduct. ✅
D. That no other causes exist.
Rationale: Proximate cause draws the line for liability via foreseeability.
Assumption of risk as a defense:
A. Always reduces damages by 50%.
B. Bars recovery when plaintiff knowingly and voluntarily accepts a known risk. ✅
C. Is weaker than comparative negligence.
D. Applies only to intentional torts.
Rationale: If a plaintiff knew and accepted the risk, recovery is often barred.
A superseding cause defense will:
A. Always increase defendant’s liability.
B. Break the causal chain if an unforeseeable intervening event occurs. ✅
C. Convert negligence into strict liability.
D. Require res ipsa loquitur.
Rationale: A truly unforeseeable intervening act may relieve the original actor of liability.
Comparative negligence rules:
A. Always bar plaintiff recovery if any fault is found.
B. Reduce plaintiff’s recovery proportionally to plaintiff’s own fault. ✅
C. Convert the case into criminal prosecution.
D. Are never used in tort cases.
Rationale: Comparative negligence apportions fault and damages accordingly.
