The main difference between trespass to chattels and conversion can be best described as which of the following?
| a) Conversion includes the taking and keeping of property. |
| b) Conversion is an injunction. |
| c) Trespass to chattels includes the taking and keeping of property. |
| d) a and c. |
| e) None of the above. |
Which evidence can be used to establish standard of care?
| a) Consent |
| b) Expert testimony |
| c) Statutes and regulations |
| d) Both b and c. |
Under vicarious liability, which of these can alter the liability of the principal? | a) The time of day the tort occurred | | b) The intention of the agent | | c) Whether the agent took a frolic or detour | | d) a and c. |
In which of the following situations must a plaintiff prove damages? | a) Assault and battery | | b) Auto accident | | c) Trespass | | d) b and c | | e) None of the above. |
Defamation can be | oral. | | written. | | per se. | | per quod. | | All of the above. |
Malicious prosecution differs from false arrest in which of the following ways? | a) Malicious prosecution involves the false detention of another. | | b) Malicious prosecution is a contract tort. | | c) Malicious prosecution involves the wrongful prosecution of a criminal or civil case. | | d) a and c. | | e) All of the above. |
14 of 30 Factors that are not considered when computing a property damage claim include| cost of repair. | | depreciation. | | loss of use. | | zone of danger. | | All of the above. |
Question15 of 30 Abuse of process occurs when| a person is improperly served with a court summons. | | a person is improperly served with a citation. | | a person is improperly served with a subpoena. | | the legal process is misused to accomplish an end other than what the process intended. | | All of the above. |
Question16 of 30 The test to determine whether a defamatory statement is constitutionally protected under the First Amendment is whether| the plaintiff was damaged. | | the statement contains malice. | | the statement is an assertion of fact. | | the statement is highly offensive to a reasonable person. | | All of the above. |
Question17 of 30 Proximate cause| a) helps the courts draw the line on unlimited tortious behavior. | | b) is a cause that is legally sufficient to result in liability and that without which the event would not have occurred. | | c) is a duty to foresee every possible risk. | | d) a and b. |
Invasions of privacy torts are rooted in | common law. | | statutes. | | tort law. | | state law. | | None of the above. |
Question11 of 30 Nuisances in tort law do not include which of the following?| a) A toxic waste dump | | b) A school field in the middle of a neighborhood that never turns off its bright lights | | c) A car accident | | d) a and b. | | e) None of the above. |
Question12 of 30 Negligence can also be called| a reasonable behavior. | | blameworthy conduct. | | res ipsa loquitur. | | foreseeability. |
Pure comparative negligence is when a plaintiff's damages are reduced in proportion to his negligence. In contrast, modified comparative negligence is when | a) an event occurred before an initial event. | | b) foreseeability is always a question for the court. | | c) a plaintiff's negligence does not exceed 50%. | | d) b and c. | | e) None of the above. |
Reasonable care does not include | personal obligations. | | proximate cause. | | a duty to foresee every possible risk. | | the quality of being anticipatable. | | All of the above. |
Which of the following statements is false? | A child is never considered a trespasser. | | The law of torts gives special consideration to children. | | A landowner's duties toward a child look similar to an adult's responsibilities toward minors. | | A nuisance is an offensive condition that interferes with a person's use of property. | | All of the above. |
Question2 of 30 The link between a breach of obligation and injury is called| assumption of risk. | | causation. | | blameworthiness. | | linkage. | | None of the above. |
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Solution: PAR 102 - The main difference between trespass to chattels and conversion