Basic Legal Concepts

Question 1

What is a tort?

Answer 1

A tort is a civil wrong that causes harm or loss to another person, leading to legal liability.

Question 2

True or False: Negligence is a type of tort.

Answer 2

True

Question 3

Fill in the blank: The four elements of negligence are duty, breach, causation, and ___.

Answer 3

damages

Question 4

What does liability mean in the context of insurance?

Answer 4

Liability refers to the legal responsibility for causing harm or damage to another person or entity.

Question 5

Multiple Choice: Which of the following is NOT an element of negligence? A) Duty B) Breach C) Intent D) Damages

Answer 5

C) Intent

Question 6

What is the primary purpose of liability insurance?

Answer 6

The primary purpose of liability insurance is to protect the insured from claims resulting from injuries and damage to people or property.

Question 7

True or False: Strict liability requires proof of negligence.

Answer 7

False

Question 8

What is the ‘reasonable person’ standard?

Answer 8

The ‘reasonable person’ standard is a legal benchmark used to determine if a person’s actions were negligent based on how an average person would act in similar circumstances.

Question 9

Fill in the blank: In tort law, ___ damages are intended to compensate the injured party for their losses.

Answer 9

compensatory

Question 10

Multiple Choice: Which type of tort involves intentional harm? A) Negligence B) Strict Liability C) Intentional Tort D) Vicarious Liability

Answer 10

C) Intentional Tort

Question 11

What is vicarious liability?

Answer 11

Vicarious liability is a legal principle where an employer is held responsible for the negligent actions of an employee performed in the course of their employment.

Question 12

True or False: Punitive damages are awarded to punish the wrongdoer and deter future misconduct.

Answer 12

True

Question 13

What is the difference between general and special damages?

Answer 13

General damages compensate for non-monetary losses, such as pain and suffering, while special damages compensate for monetary losses, such as medical expenses.

Question 14

Fill in the blank: The concept of ___ refers to the legal obligation to act in a way that does not cause harm to others.

Answer 14

duty of care

Question 15

Multiple Choice: Which of the following is an example of a tort? A) Breach of contract B) Theft C) Car accident D) All of the above

Answer 15

C) Car accident

Question 16

What is contributory negligence?

Answer 16

Contributory negligence is a legal doctrine that can reduce the amount of damages a plaintiff can recover if they are found to be partially at fault for the injury.

Question 17

True or False: Comparative negligence allows a plaintiff to recover damages even if they are partially at fault.

Answer 17

True

Question 18

What is an example of an intentional tort?

Answer 18

An example of an intentional tort is assault, which involves intentionally causing apprehension of harmful or offensive contact.

Question 19

Fill in the blank: ___ insurance covers legal costs and damages resulting from negligence claims.

Answer 19

Liability

Question 20

Multiple Choice: Which type of liability insurance is specifically for businesses? A) Homeowners insurance B) Professional liability insurance C) Auto insurance D) Health insurance

Answer 20

B) Professional liability insurance

Question 21

What is the significance of establishing causation in a negligence claim?

Answer 21

Establishing causation is crucial to demonstrate that the defendant’s actions directly led to the plaintiff’s injuries.

Question 22

True or False: An act of God is a defense against liability claims.

Answer 22

True

Question 23

What does the term ‘foreseeability’ refer to in negligence cases?

Answer 23

Foreseeability refers to whether a reasonable person could have predicted that their actions would cause harm.

Question 24

Fill in the blank: ___ liability arises from activities that are inherently dangerous.

Answer 24

Strict

Question 25

Multiple Choice: Which of the following is a common defense to negligence? A) Assumption of risk B) Res ipsa loquitur C) Negligence per se D) All of the above

Answer 25

A) Assumption of risk

Question 26

What does 'negligence per se' mean?

Answer 26

'Negligence per se' refers to an act that is considered negligent because it violates a statute or regulation.

Question 27

True or False: Emotional distress claims can be part of a tort lawsuit.

Answer 27

True

Question 28

What is the purpose of tort reform?

Answer 28

The purpose of tort reform is to reduce the number of frivolous lawsuits and limit damages in order to lower insurance costs and improve access to justice.

Question 29

Fill in the blank: A ___ is a legal claim made against a party for damages caused by their negligent or wrongful actions.

Answer 29

lawsuit

Question 30

Multiple Choice: Which of the following is a characteristic of a tort? A) It is a criminal offense B) It requires proof of intent C) It can result in monetary compensation D) It is always based on a contract

Answer 30

C) It can result in monetary compensation

Question 31

What is the term for a legal document that initiates a lawsuit?

Answer 31

Complaint

Question 32

True or False: Liability insurance is optional for individuals.

Answer 32

False

Question 33

What is an exclusion in an insurance policy?

Answer 33

An exclusion is a provision in an insurance policy that eliminates coverage for certain risks or damages.

Question 34

Fill in the blank: Liability insurance typically includes ___ coverage for bodily injury and property damage.

Answer 34

general

Question 35

Multiple Choice: Which of the following is NOT typically covered by liability insurance? A) Medical expenses B) Legal defense costs C) Intentional acts D) Property damage

Answer 35

C) Intentional acts

Question 36

What is the role of an insurance adjuster?

Answer 36

An insurance adjuster investigates claims to determine the extent of the insurer's liability.

Question 37

True or False: Liability limits in insurance policies can be adjusted based on the insured's needs.

Answer 37

True

Question 38

What does 'aggregate limit' mean in insurance?

Answer 38

Aggregate limit refers to the maximum amount an insurer will pay for all claims during a policy period.

Question 39

Fill in the blank: In tort law, the injured party is known as the ___.

Answer 39

plaintiff

Question 40

Multiple Choice: Which of the following can be a source of liability? A) Contract B) Statute C) Common law D) All of the above

Answer 40

D) All of the above

Question 41

What is subrogation in insurance?

Answer 41

Subrogation is the process by which an insurer seeks reimbursement from the party responsible for a loss after paying a claim.

Question 42

True or False: An insured party has a duty to mitigate damages.

Answer 42

True

Question 43

What does the term 'policy limit' refer to?

Answer 43

Policy limit refers to the maximum amount an insurer will pay for a covered loss.

Question 44

Fill in the blank: The doctrine of ___ allows a plaintiff to recover damages even if they are partially at fault.

Answer 44

comparative negligence