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Tort Law Quiz: Test Negligence, Intentional Torts, and Defenses

Quick, free torts practice questions with instant results and explanations.

Editorial: Review CompletedCreated By: Damian BugalskiUpdated Aug 24, 2025
Difficulty: Moderate
Grade: Other
Study OutcomesCheat Sheet
Paper art promoting Tort Law Takedown trivia challenge for law students.

This tort law quiz helps you check your understanding of negligence, intentional torts, and defenses with 20 multiple-choice questions. Get instant results and clear explanations to build recall before an exam. For broader prep, try our business law practice questions, explore wider topics in the uk law quiz, or connect torts to claims in the insurance adjuster practice exam.

Which element is required to establish negligence in a standard negligence claim?
Intent and causation only
Duty, breach, causation, and damages
Duty and intent only
Breach and damages only
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Battery in tort law requires which of the following?
Harmful or offensive contact with the plaintiff's person
Publication of a defamatory statement
Fear of imminent contact without touching
Trespass to land and chattels
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Assault is best defined as which of the following?
Apprehension of imminent harmful or offensive contact
Conversion of personal property
Publication of private facts
Actual harmful contact
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Which statement about trespass to land is correct?
It requires proof of actual damages to the land
It is a contract claim, not a tort
It occurs when a person intentionally enters land in possession of another without permission
It only applies if the defendant knew the land belonged to the plaintiff
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Which of the following is an example of res ipsa loquitur?
A driver running a red light observed by multiple witnesses
A defamation claim with a retraction
A surgical instrument left inside a patient when the defendant had exclusive control
A product sold with a clear warning label
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Negligence per se typically substitutes which element(s) of negligence when a statute is violated?
Causation and damages
Proximate cause only
Intent and harm
Duty and breach
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Which best states proximate cause in negligence?
Any cause in fact, however remote
Liability limited to harms within the scope of the foreseeable risk created by the breach
Only the last event before injury
Cause proven beyond a reasonable doubt
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Under comparative negligence, how are damages typically handled?
Plaintiff's recovery is reduced by their percentage of fault
Plaintiff is completely barred if at fault at all
Damages are doubled for shared fault
Defendant pays nothing if multiple tortfeasors exist
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Which is generally required for an IIED (intentional infliction of emotional distress) claim?
Physical impact on the plaintiff
Extreme and outrageous conduct causing severe emotional distress
Publication to a third party
Negligent conduct causing mild distress
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What is a typical duty owed by land possessors to invitees?
Strict liability for all injuries on premises
Reasonable care to inspect, discover, and make safe or warn of hazards
Duty only to avoid willful and wanton conduct
No duty to warn of known dangers
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What is the main distinction between public and private nuisance?
Public nuisance interferes with a right common to the public; private nuisance affects private land use and enjoyment
Public nuisance always involves pollution; private never does
Public nuisance is criminal; private nuisance is civil
Public nuisance requires intent; private requires negligence
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Under joint and several liability, what can a plaintiff typically recover from one defendant?
Nothing if other tortfeasors are insolvent
The entire recoverable amount, regardless of that defendant's percentage of fault
Only the defendant's precise percentage share
Punitive damages only
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The doctrine of alternative liability (e.g., Summers v. Tice) shifts the burden of proof to defendants when which condition is met?
Only one defendant acted tortiously and admits fault
The injury was caused by an act of God
There are multiple plaintiffs with separate injuries
All defendants acted tortiously, one caused the harm, but the plaintiff cannot identify which
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Which test is commonly used to evaluate design defect in products liability?
Marketplace popularity
Risk-utility balancing
Last clear chance
Strict privity test
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In a medical malpractice case, the standard of care is usually determined by which evidence?
Lay juror common sense without experts
Hospital billing policies
The patient's subjective expectations
Expert testimony on the professional standard
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Which scenario most clearly supports a claim for public disclosure of private facts?
Use of a person's name to sell a product without consent
A false statement damaging reputation
Widespread publicity of highly private information not of legitimate public concern
An intrusive search of a private home
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In false light claims, which element distinguishes them from defamation?
Physical harm requirement
Publicity placing plaintiff in a misleading light that would be highly offensive, even if not defamatory
Requirement of truth
Strict liability standard
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Which best states the rule from Tarasoff regarding duty to third parties?
Only police have a duty to warn
Therapists may have a duty to warn identifiable victims of credible threats by patients
Therapists are strictly liable for patient crimes
Therapists owe no duty to anyone besides the patient
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Under the federal FTCA, which exception often preserves sovereign immunity?
Discretionary function exception
Strict liability exception
Punitive damages exception allowing all claims
Statute of repose exception for contracts
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What is the primary difference between wrongful death and survival actions?
Survival actions are criminal
Wrongful death compensates beneficiaries; survival actions preserve the decedent's own claims
Both compensate only the state
Wrongful death covers only property damage
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Study Outcomes

  1. Understand core tort law principles including negligence, strict liability, and intentional torts.
  2. Analyze fact patterns to identify possible tort claims and defenses.
  3. Apply legal doctrines to hypothetical scenarios to determine outcomes.
  4. Evaluate the strengths and weaknesses of tort law arguments using case precedents.
  5. Critically assess performance to pinpoint areas for further improvement in tort law reasoning.

Tort Law Multiple Choice Cheat Sheet

  1. Understand the Three Main Categories of Torts - Tort law splits into intentional torts, negligence, and strict liability, each setting its own stage for courtroom drama. Intentional torts involve deliberate acts, negligence covers accidental slip‑ups, and strict liability is the "you're responsible no matter what" rule. Getting comfy with these legal stars makes case analysis a breeze!
  2. Master the Elements of Negligence - Negligence is like a four‑ingredient recipe: duty of care, breach, causation, and damages. Spotting each element in a fact pattern turns you into a legal detective, ready to assign liability. Once you can pick out these ingredients, torts questions won't stand a chance!
  3. Recognize Common Intentional Torts - Assault, battery, false imprisonment, defamation, and fraud each have their own rulebook to follow. For instance, defamation demands a false statement that actually tarnishes someone's reputation. Knowing these torts by heart helps you spot issues faster than a speeding gavel!
  4. Differentiate Between Tort Law and Criminal Law - Both tackle wrongful acts, but tort law compensates victims while criminal law punishes offenders on behalf of the state. Think of torts as a reimbursement system and criminal law as a time‑out for bad behavior. Grasping this split is key to any savvy legal analysis!
  5. Explore Defenses to Negligence Claims - Contributory negligence, comparative negligence, and assumption of risk can each reduce or wipe out a plaintiff's claim. It's like having a "get‑out‑of‑liability" card if the injured party played a part in their own mishap. Learning these defenses lets you argue from both sides of the courtroom!
  6. Study the Concept of Strict Liability - With strict liability, you can be held accountable even if you did everything right - often in cases of dangerous activities or defective products. It's the "no excuses" rule of tort law. Understanding this principle shines a light on who pays when accidents go off the rails!
  7. Understand Vicarious Liability - Employers or principals can be on the hook for their employees' or agents' wrongful acts, as long as they happen on the job. It's like your boss getting a ticket for your parking violation if you're on duty. Grasping this concept shows how liability extends beyond just one person!
  8. Familiarize Yourself with Common Defenses to Intentional Torts - Consent, self‑defense, defense of others, and defense of property can all knock out liability in intentional tort cases. Think of these as superhero shields against claims that you intentionally caused harm. Mastering these defenses adds major power to your legal toolkit!
  9. Review the Role of Damages in Tort Law - Damages come in two flavors: compensatory (economic and non‑economic) and punitive. The former reimburses losses, while the latter punishes and deters bad behavior. Knowing how to calculate and justify these sums is a game‑changer in crafting persuasive arguments!
  10. Practice with Multiple-Choice Quizzes - Quizzes on trespass, negligence, and defenses turn textbook theory into muscle memory. Regular practice helps you spot issue‑spotting traps and boosts your confidence under exam pressure. Ready, set, quiz!
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