Question 1

If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?

Accepted Answer

A)   The plaintiff can prevail as long as the plaintiff successfully showed causation and damages, even if the plaintiff did not prove breach of duty.
B)   The plaintiff can prevail if the court believes the defendant should be punished for his conduct, even though a plaintiff could not establish all four elements of a negligence claim.
C)   The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof.
D)   The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.
E)   The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.F) A) and D)
G) A) and C)

Question 2

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Accepted Answer

A) True 
 B)False

Question 3

Once a plaintiff proves the elements of res ipsa loquitur, the defendant will automatically lose the case against them.

Accepted Answer

A) True 
 B)False

Question 4

Oskar feels that his dentist caused nerve damage to his teeth and tongue during a recent visit because Oskar's tongue is still numb ten days after his visit and his tooth fell out. Because Oskar feels he suffered damages as a result of his dentist's breach of her duty of care, Oskar can bring a negligence case against the dentist based on ________.

Accepted Answer

A)   malfeasance
B)   mistake
C)   malpractice
D)   criminal misconduct
E)   workplace mishapF) A) and E)
G) None of the above

Question 5

Breach of duty in a negligence case refers to ________.

Accepted Answer

A)   The standard of care a reasonable person owes to another.
B)   A failure to live up to the standard of care a reasonable person owes to others.
C)   Actual harm, or cause in fact, which results from a failure to live up to a standard of care.
D)   Legal cause, or the extent to which the defendant is held responsible for actions that fall short of the standard of care.
E)   An obligation to measure compensable losses suffered by the plaintiff.F) A) and E)
G) C) and D)

Question 6

What is the purpose of damages in tort law? When can a plaintiff receive damages in a negligence case? What types of damages are usually available?

Accepted Answer

Damages are the final required element f...

Question 7

Causation has which two elements?

Accepted Answer

A)   Actual cause and real cause.
B)   Actual cause and significant cause.
C)   Actual cause and proximate cause.
D)   Premiere cause and significant cause.
E)   Proximate cause and real cause.F) B) and C)
G) C) and E)

Question 8

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Accepted Answer

A)   Proximate cause.
B)   Actual cause.
C)   Cause in fact.
D)   Significant cause.
E)   Legal cause.F) A) and D)
G) A) and C)

Question 9

Proximate cause is determined by ________, in most states.

Accepted Answer

A)   Actual cause
B)   Common law
C)   Foreseeability
D)   But-for causation
E)   Strict liabilityF) None of the above
G) C) and D)

Question 10

The CEO of a peanut company knows that its products test positive for salmonella but sell the peanuts away. Consequences can include:

Accepted Answer

A)   Only criminal prosecution of the CEO.
B)   Only government-mandated bankruptcy and restructuring of the peanut company.
C)   Potential criminal charges against the CEO, as well as civil lawsuits brought by injured victims.
D)   Only lawsuits brought by victims, and never criminal charges.
E)   Neither criminal nor civil prosecution because of assumption of the risk.F) A) and B)
G) D) and E)

Question 11

Under which of the following does the court determine the percentage of fault of the defendant, requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Accepted Answer

A)   Assumption of the risk.
B)   Last-clear-chance.
C)   Modified comparative negligence.
D)   Pure comparative negligence.
E)   Both modified comparative negligence and last-clear-chance.F) All of the above
G) A) and D)

Question 12

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Accepted Answer

A)   It requires a finding of negligence.
B)   It prohibits a finding of negligence.
C)   The burden of proof shifts to the plaintiff.
D)   The burden of proof shifts to the defendant.
E)   The burden of proof rises to proof beyond a reasonable doubt.F) A) and B)
G) A) and D)

Question 13

A plaintiff in a negligence lawsuit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence rules to be applied by the court.

Accepted Answer

A) True 
 B)False

Question 14

A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries?

Accepted Answer

A)   If the stadium owner failed to fulfill its duty to provide reasonable protection because there were no barriers or other measures taken to protect game attendees from being struck by the ball.
B)   In all circumstances where a ball hits game attendees, regardless of any other factors.
C)   If the stadium owner took all cost-effective precautions but failed to take part in a multi-million dollar research effort to construct a robot to intercept foul balls.
D)   If the baseball team was the home team and not the visiting team.
E)   If the owner of the stadium was aware of a chance that a ball would strike a patron and failed to cancel the game, despite the risk.F) None of the above
G) A) and D)

Question 15

What is the final required element of a negligence action?

Accepted Answer

A)   Proving reasonableness.
B)   Seeking damages.
C)   Arguing assumption of the risk.
D)   Receiving punitive damages.
E)   A defendant paying a prevailing plaintiff's legal fees.F) A) and B)
G) A) and C)

Question 16

In some situations, the law specifies the duty of care one individual owes to another.

Accepted Answer

A) True 
 B)False

Question 17

Luann voluntarily stops to render aid to a biker on the side of the road who had been hit by a car. As Luann pulls over she partially blocks the view of oncoming cars. A car driven by Kellip hits Luann's car, further injuring the biker. If the biker sues Luann for their additional injuries, what statute might be a defense for Luann?

Accepted Answer

A)   Motorist Safety to Yield statute.
B)   Aid to Others statute.
C)   Good Samaritan statute.
D)   Assumption of the Risk statute.
E)   Clear the Danger statute.F) A) and B)
G) A) and E)

Question 18

When a defendant in a negligence suit avoids liability due to an unforeseen event that interrupts the causal connection between the defendant's breach of duty and the damages the plaintiff suffered, this is known as a(n)  ________.

Accepted Answer

A)   assumption of the risk
B)   contributory negligence
C)   comparative negligence
D)   superseding cause
E)   good Samaritan causeF) B) and E)
G) A) and B)

Question 19

Which type of damages are NOT available when bringing an action for negligence?

Accepted Answer

A)   Compensatory.
B)   Punitive damages
C)   Nominal damages.
D)   Damages intended to reimburse a plaintiff for actual losses.
E)   Pain and suffering compensation.F) B) and D)
G) B) and C)

Question 20

It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution when patients are on anticoagulants (blood thinners)  and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants)  of the risks of a procedure the patient is about to undergo that is dangerous to someone on blood thinners. The patient experiences near-fatal bleeding due to the procedure. The plaintiff decides to sue for malpractice but the dentist says he was unaware of the need to warn patients on blood thinners of possible risks. Is the dentist going to be successful in his defense?

Accepted Answer

A)   Yes, as long as the dentist can prove he did not know about the risks.
B)   Yes, as long as the dentist did not make any specific mistakes during the dental procedure.
C)   Yes, as long as the dentist can prove that the risks are overstated.
D)   Yes, because malpractice cases require intentional harm for a victim to prevail.
E)   No, because a professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in his or her field of expertise.F) A) and D)
G) B) and E)

Exam 9: Negligence and Strict Liability

Correct Answer
verified

What is the purpose of damages in tort law? When can a plaintiff receive damages in a negligence case? What types of damages are usually available?

Correct Answer
verified
Damages are the final required element f...
View Answer

Which type of damages are NOT available when bringing an action for negligence?

Correct Answer
verified

The CEO of a peanut company knows that its products test positive for salmonella but sell the peanuts away. Consequences can include:

Correct Answer
verified

Under which of the following does the court determine the percentage of fault of the defendant, requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Correct Answer
verified

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Correct Answer
verified

Once a plaintiff proves the elements of res ipsa loquitur, the defendant will automatically lose the case against them.

Correct Answer
verified

Breach of duty in a negligence case refers to ________.

Correct Answer
verified

In some situations, the law specifies the duty of care one individual owes to another.

Correct Answer
verified

If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?

Correct Answer
verified

Correct Answer
verified

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Correct Answer
verified

A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries?

Correct Answer
verified

What is the final required element of a negligence action?

Correct Answer
verified

When a defendant in a negligence suit avoids liability due to an unforeseen event that interrupts the causal connection between the defendant's breach of duty and the damages the plaintiff suffered, this is known as a(n) ________.

Correct Answer
verified

Causation has which two elements?

Correct Answer
verified

Correct Answer
verified

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Correct Answer
verified

Proximate cause is determined by ________, in most states.

Correct Answer
verified

A plaintiff in a negligence lawsuit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence rules to be applied by the court.

Correct Answer
verified

Exam 9: Negligence and Strict Liability

Correct AnswerverifiedShow Answer

What is the purpose of damages in tort law? When can a plaintiff receive damages in a negligence case? What types of damages are usually available?

Correct AnswerverifiedDamages are the final required element f...View AnswerShow Answer

Which type of damages are NOT available when bringing an action for negligence?

Correct AnswerverifiedShow Answer

The CEO of a peanut company knows that its products test positive for salmonella but sell the peanuts away. Consequences can include:

Correct AnswerverifiedShow Answer

Under which of the following does the court determine the percentage of fault of the defendant, requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Correct AnswerverifiedShow Answer

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Correct AnswerverifiedShow Answer

Once a plaintiff proves the elements of res ipsa loquitur, the defendant will automatically lose the case against them.

Correct AnswerverifiedShow Answer

Breach of duty in a negligence case refers to ________.

Correct AnswerverifiedShow Answer

In some situations, the law specifies the duty of care one individual owes to another.

Correct AnswerverifiedShow Answer

If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Correct AnswerverifiedShow Answer

A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries?

Correct AnswerverifiedShow Answer

What is the final required element of a negligence action?

Correct AnswerverifiedShow Answer

When a defendant in a negligence suit avoids liability due to an unforeseen event that interrupts the causal connection between the defendant's breach of duty and the damages the plaintiff suffered, this is known as a(n) ________.

Correct AnswerverifiedShow Answer

Causation has which two elements?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Correct AnswerverifiedShow Answer

Proximate cause is determined by ________, in most states.

Correct AnswerverifiedShow Answer

A plaintiff in a negligence lawsuit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence rules to be applied by the court.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified
Damages are the final required element f...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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