NALA Torts & Personal Injury Law 5

Question 1

Which tort doctrine holds an employer liable for an employee's tortious act committed within the scope of employment?

Accepted Answer

Respondeat superior

Answer

Respondeat superior ('let the master answer') imposes vicarious liability on employers for torts committed by employees acting within the scope of their employment.

Question 2

A defendant makes a false statement of fact about a competitor's product, knowing it is false, causing the competitor economic harm. This best describes which business tort?

Accepted Answer

Trade libel (commercial disparagement)

Answer

Trade libel involves the intentional publication of a false statement of fact about a competitor's goods or services that causes economic harm.

Question 3

Under pure comparative fault, a plaintiff who is 60% at fault for their own injury may recover:

Accepted Answer

40% of their total damages

Answer

Under pure comparative fault, a plaintiff recovers damages reduced by their percentage of fault, so 60% plaintiff fault means recovery of the remaining 40%.

Question 4

Which element distinguishes battery from assault in tort law?

Accepted Answer

Battery requires an actual harmful or offensive contact; assault requires only reasonable apprehension of contact

Answer

Battery requires completion of the harmful or offensive contact, while assault only requires that the plaintiff reasonably apprehended such imminent contact.

Question 5

A legal assistant is indexing medical records for a personal injury case. Which damages category would include future medical expenses and future lost wages?

Accepted Answer

Special (economic) damages

Answer

Special (economic) damages include all quantifiable monetary losses, including both past and future medical expenses and lost earning capacity.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Torts & Personal Injury Law 5