Tort Law Complete Test Bank Chapter 3

Chapter 3: Tort Law

Multiple Choice

1. One of the objectives of tort law is to __________.

a. find guilt beyond a reasonable doubt

b. cap punitive damages

c. encourage tortuous acts

d. indemnify the person/s injured

2. A civil wrong committed by one person against the person or property of another is a __________.

a. crime

b. tort

c. intentional conduct

d. misdemeanor

3. The commission or omission of an act, as judged against the actions of a hypothetical “reasonably prudent person” is __________.

a. negligence

b. retribution

c. retort

d. vengeance

4. Medical malpractice is negligence committed by a __________.

a. physical therapy aide

b. nurse’ aide

c. physician

d. dietary aide

5. __________ is the performance of an unlawful or improper act.

a. malfeasance

b. misfeasance

c. nonfeasance

d. malpractice

6. The improper performance of a legal act, resulting in injury to another is __________.

a. malpractice

b. malfeasance

c. nonfeasance

d. misfeasance

7. Failure to act when there is a duty to act is __________.

a. misfeasance

b. nonfeasance

c. intentional conduct

d. malfeasance

8. The reckless disregard for the safety of another is known as __________.

a. nonfeasance

b. malpractice

c. misfeasance

d. criminal negligence

9. Failure to conform to or departure from a required duty of care owed to a patient is considered as a __________.

a. foreseeable event

b. breach of duty

c. foreseeable act

d. standard of care

10. Elements of negligence that must be present in order to establish negligence are __________.

a. duty to use due care, breach of duty, injury, causation

b. proximate cause, foreseeablity

c. breach of duty, causation

d. duty, injury, foreseeability

11. A pharmacist misreads a prescription and fills it with the wrong medication. The cashier accepts payment for the drug and the consumer leaves. The consumer, who had been filling the same prescription for the past two years, ingests the drug and suffers injuries. The __________ is responsible for the consumer’s injuries?

a. drug manufacturer

b. pharmacist

c. prescribing physician

d. cashier

12. The general standard of acceptable care is based on what a __________ would do or not do acting under the same or similar circumstances.

a. registered pharmacist

d. licensed physician

c. patient

d. reasonably prudent person

13. The expected standard of care can be established by a __________.

a. pattern of inconsistent physician advice

b. referral to a specialist

c. statute

d. monopoly

14. The plaintiff must establish that a negligent act was __________.

a. foreseeable

b. newsworthy

c. not predictable

d. unlikely to occur

15. For liability to be established based on failure to follow a specified standard of care outlined by statute __________.

a. the defendant must have been outside the specified class of persons outlined in the statute.

b. the plaintiff must have been outside the specified class of persons outlined in the statute

c. the defendant must have been within the specified class of persons outlined in the statute.

d. the caregiver must have been closely following instructions by his or her peers

16. Failure of a physician to conduct a thorough and responsible examination and order the appropriate tests for each patient, evaluating the results of those tests and providing appropriate treatment prior to discharging the patient is __________.

a. a criminal act

b. a departure from an acceptable standard of care

c. an intentional tort

d. a misdemeanor

17. A tort that is committed deliberately and is based on the premise that the defendant intended the harmful consequences of his or her behavior is a/an __________.

a. misfeasance

b. cohersion

c. misdemeanor

d. intentional tort

18. Touching a person without consent is __________.

a. jostling

b. battery

c. false imprisonment

d. assault

19. A person who is physically restrained from leaving a health care facility for not paying a bill is a victim of __________.

a. kidnapping

b. lawful confinement

c. false imprisonment

d. malfeasance

20. Wrongfully accusing someone of committing a crime __________.

a. malicious prosecution

b. slander per se

c. false imprisonment

d. libel

21. A complete defense to a defamation action is __________.

a. truth

b. consent

c. retraction

d. libel

22. The written form of defamation is __________.

a. slander

b. false accusations

c. libel

d. intentional misconduct

23. The spoken form of defamation is __________.

a. libel

b. slander

c. newspaper article

d. tort-feasor

24. Liability of a manufacturer, seller, or supplier to a buyer or other third party for injuries sustained because of a defect in a product is __________.

a. crime

b. tort per se

c. intentional tort

d. products liability

25. Liability without fault is referred to as __________.

a. censored liability

b. negligence

c. strict liability

d. products liability

26. Defense against recovery in a products liability case is __________.

a. negligence

b. a priori

c. assumption of a risk

d. malpractice

27. A defense in a case where the patient uses a product in a manner in which it was not intended to be used is __________.

a. strict liability

b. intervening cause

c. disclaimers

d. contributory negligence

28. A __________ is the intentional touching of another’s person in a socially impermissible manner, without that person’s con- sent.

a. slander

b. battery

c. fraud

d. assault

29.The voluntary exposure to such risks as radiation treatments and chemotherapy treatments __________.

a. intervening cause

b. contributory negligence

c. presumed innocence

d. assumption of a risk

30. __________ is conduct so outrageous that it goes beyond the bounds tolerated by a decent society.

a. – Express warranty

b. – Strict liability

c. – Infliction of mental distress

d. – Fraud