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Defenses to Tort Liability

This quiz will test your knowledge on the various defenses available in tort law.

14 Questions Published
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Questions

Question 1 Multiple Choice (Single Answer)

Which of the following is NOT a defense to negligence?

  1. Contributory negligence
  2. Assumption of risk
  3. Act of God
  4. Sudden emergency
Question 2 Multiple Choice (Single Answer)

What is the difference between contributory negligence and assumption of risk?

  1. Contributory negligence is a defense that is based on the plaintiff's own negligence, while assumption of risk is a defense that is based on the plaintiff's voluntary acceptance of a known risk.
  2. Contributory negligence is a defense that is only available in negligence cases, while assumption of risk is a defense that is available in both negligence and intentional tort cases.
  3. Contributory negligence is a defense that is always successful, while assumption of risk is a defense that is only successful if the plaintiff was aware of the risk and voluntarily accepted it.
  4. Contributory negligence is a defense that is only available to defendants who are individuals, while assumption of risk is a defense that is available to all defendants.
Question 3 Multiple Choice (Single Answer)

What is the sudden emergency doctrine?

  1. The sudden emergency doctrine is a defense that is available to defendants who were faced with a sudden and unexpected emergency that they could not have reasonably avoided.
  2. The sudden emergency doctrine is a defense that is only available to defendants who are individuals.
  3. The sudden emergency doctrine is a defense that is only available in negligence cases.
  4. The sudden emergency doctrine is a defense that is always successful.
Question 4 Multiple Choice (Single Answer)

What is the difference between an intentional tort and a negligence tort?

  1. An intentional tort is a tort that is committed with the intent to cause harm, while a negligence tort is a tort that is committed without the intent to cause harm.
  2. An intentional tort is a tort that is always more serious than a negligence tort.
  3. An intentional tort is a tort that is only available to individuals, while a negligence tort is a tort that is available to both individuals and corporations.
  4. An intentional tort is a tort that is only available in cases where the plaintiff has suffered physical injuries.
Question 5 Multiple Choice (Single Answer)

What is the strict liability doctrine?

  1. The strict liability doctrine is a doctrine that holds defendants liable for their actions even if they did not intend to cause harm.
  2. The strict liability doctrine is a doctrine that is only available in cases where the plaintiff has suffered physical injuries.
  3. The strict liability doctrine is a doctrine that is only available to individuals.
  4. The strict liability doctrine is a doctrine that is always successful.
Question 6 Multiple Choice (Single Answer)

What is the difference between a defense and an affirmative defense?

  1. A defense is a legal argument that denies the plaintiff's allegations, while an affirmative defense is a legal argument that admits the plaintiff's allegations but argues that the defendant is not liable.
  2. A defense is an argument that is always successful, while an affirmative defense is an argument that is only successful if the defendant can prove it by a preponderance of the evidence.
  3. A defense is an argument that is only available to defendants who are individuals, while an affirmative defense is an argument that is available to all defendants.
  4. A defense is an argument that is only available in negligence cases, while an affirmative defense is an argument that is available in both negligence and intentional tort cases.
Question 7 Multiple Choice (Single Answer)

What is the statute of limitations?

  1. The statute of limitations is a law that sets a time limit on how long a plaintiff has to file a lawsuit.
  2. The statute of limitations is a law that only applies to negligence cases.
  3. The statute of limitations is a law that only applies to intentional tort cases.
  4. The statute of limitations is a law that only applies to cases where the plaintiff has suffered physical injuries.
Question 8 Multiple Choice (Single Answer)

What is the difference between a release and a covenant not to sue?

  1. A release is a legal document that releases the defendant from all liability for the plaintiff's injuries, while a covenant not to sue is a legal document that only releases the defendant from liability for a specific injury.
  2. A release is a legal document that is always binding, while a covenant not to sue is a legal document that is only binding if the plaintiff breaches it.
  3. A release is a legal document that is only available to individuals, while a covenant not to sue is a legal document that is available to both individuals and corporations.
  4. A release is a legal document that is only available in negligence cases, while a covenant not to sue is a legal document that is available in both negligence and intentional tort cases.
Question 9 Multiple Choice (Single Answer)

What is the difference between a waiver and an estoppel?

  1. A waiver is a voluntary surrender of a legal right, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived.
  2. A waiver is a voluntary surrender of a legal right that is always binding, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived that is only binding if the other party has relied on the waiver.
  3. A waiver is a voluntary surrender of a legal right that is only available to individuals, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived that is available to both individuals and corporations.
  4. A waiver is a voluntary surrender of a legal right that is only available in negligence cases, while an estoppel is a legal doctrine that prevents a party from asserting a right that they have previously waived that is available in both negligence and intentional tort cases.
Question 10 Multiple Choice (Single Answer)

What is the difference between a privilege and an immunity?

  1. A privilege is a legal right to do something that would otherwise be illegal, while an immunity is a legal protection from being sued.
  2. A privilege is a legal right to do something that would otherwise be illegal that is always absolute, while an immunity is a legal protection from being sued that is only absolute in certain cases.
  3. A privilege is a legal right to do something that would otherwise be illegal that is only available to individuals, while an immunity is a legal protection from being sued that is available to both individuals and corporations.
  4. A privilege is a legal right to do something that would otherwise be illegal that is only available in negligence cases, while an immunity is a legal protection from being sued that is available in both negligence and intentional tort cases.
Question 11 Multiple Choice (Single Answer)

What is the difference between a defense and a counterclaim?

  1. A defense is a legal argument that denies the plaintiff's allegations, while a counterclaim is a legal argument that asserts a claim against the plaintiff.
  2. A defense is an argument that is always successful, while a counterclaim is an argument that is only successful if the defendant can prove it by a preponderance of the evidence.
  3. A defense is an argument that is only available to defendants who are individuals, while a counterclaim is an argument that is available to all defendants.
  4. A defense is an argument that is only available in negligence cases, while a counterclaim is an argument that is available in both negligence and intentional tort cases.
Question 12 Multiple Choice (Single Answer)

What is the difference between a cross-claim and a third-party claim?

  1. A cross-claim is a legal argument that asserts a claim against a co-defendant, while a third-party claim is a legal argument that asserts a claim against a person who is not a party to the lawsuit.
  2. A cross-claim is an argument that is always successful, while a third-party claim is an argument that is only successful if the defendant can prove it by a preponderance of the evidence.
  3. A cross-claim is an argument that is only available to defendants who are individuals, while a third-party claim is an argument that is available to all defendants.
  4. A cross-claim is an argument that is only available in negligence cases, while a third-party claim is an argument that is available in both negligence and intentional tort cases.
Question 13 Multiple Choice (Single Answer)

What is the difference between a motion to dismiss and a motion for summary judgment?

  1. A motion to dismiss is a motion that asks the court to dismiss the lawsuit because the plaintiff has not stated a claim upon which relief can be granted, while a motion for summary judgment is a motion that asks the court to enter judgment in favor of the defendant because there is no genuine issue of material fact.
  2. A motion to dismiss is a motion that is always granted, while a motion for summary judgment is a motion that is only granted if the defendant can prove that there is no genuine issue of material fact.
  3. A motion to dismiss is a motion that is only available to defendants who are individuals, while a motion for summary judgment is a motion that is available to all defendants.
  4. A motion to dismiss is a motion that is only available in negligence cases, while a motion for summary judgment is a motion that is available in both negligence and intentional tort cases.
Question 14 Multiple Choice (Single Answer)

What is the difference between a trial and an arbitration?

  1. A trial is a formal proceeding in which a judge or jury hears evidence and decides the case, while an arbitration is an informal proceeding in which a neutral third party hears evidence and decides the case.
  2. A trial is a proceeding that is always open to the public, while an arbitration is a proceeding that is always confidential.
  3. A trial is a proceeding that is always more expensive than an arbitration.
  4. A trial is a proceeding that is always more time-consuming than an arbitration.
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