Question 1

Why do superseding causes allow defendants to avoid liability?

Accepted Answer

A)  Superseding causes are an example of the res ipsa loquitor defense.
B)  Superseding causes are evidence that a defendant's duty of care was fulfilled and thus no negligence occurred.
C)  Superseding causes are evidence that a defendant's breach of duty was not the proximate cause of the plaintiff's injuries.
D)  Superseding causes demonstrate the plaintiff was actually responsible for his own injuries.
E)  Superseding causes do not allow defendants to avoid liabilityF) B) and D)
G) A) and E)

Question 2

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

Accepted Answer

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

Question 3

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages,with no requirement that the defendant be more than 50% at fault?

Accepted Answer

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

Question 4

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

Question 5

The term strict liability refers to liability without fault.

Accepted Answer

A) True 
 B)False

Question 6

On a vacation holiday,Anne decides to rent a fishing boat.She is asked to sign a contract stipulating that the defendant will not be held responsible for any boating accidents.If Anne signs,this is an example of:

Accepted Answer

A)  Assumption by incident.
B)  Implied assumption of the last-clear-chance doctrine.
C)  Express assumption of the last-clear-chance doctrine.
D)  Express assumption of the risk.
E)  Implied assumption of the risk.F) D) and E)
G) None of the above

Question 7

What will Naomie likely rely upon to defend herself?

Accepted Answer

A)  Res ipsa loquitur
B)  Comparative negligence
C)  Negligence per se
D)  Stare decisis
E)  Assumption of the riskF) A) and B)
G) C) and D)

Question 8

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Accepted Answer

A)  Comparative negligence.
B)  Statutory shop act.
C)  Negligence per se.
D)  Assumption of the risk.
E)  Res ipsa loquitur.F) A) and B)
G) All of the above

Question 9

Which of the following is true regarding contributory negligence?

Accepted Answer

A)  It was outlawed by a federal statute.
B)  It was once available in all states but has been replaced in some states by the defense of comparative negligence.
C)  The defense was once available in a few states but is not available in any state today.
D)  It is available in all states today.
E)  It was once available in all states and has been replaced in some states by the defense of assumption of risk.F) C) and E)
G) B) and C)

Question 10

Punitive damages are most likely to be awarded against Naomie if:

Accepted Answer

A)  Naomie committed simple negligence.
B)  The court believes punitive damages are compensatory.
C)  The judge personally disagrees with Naomie's behavior.
D)  The court finds Naomie committed gross negligence.
E)  The plaintiff asks for punitive damages.F) B) and E)
G) A) and B)

Question 11

Implied assumption of the risk occurs when the plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior.

Accepted Answer

A) True 
 B)False

Question 12

Kim negligently hits Lennithia with her car.Which of the following is true?

Accepted Answer

A)  Kim has a duty to come to the aid of Lennithia only if no one else is willing to do so.
B)  Kim has a duty to come to the aid of Lennithia only if police are not on the scene within a reasonable amount of time.
C)  Kim has a duty to come to the aid of Lennithia because she negligently hit her.
D)  Kim has no duty to come to the aid of Lennithia.
E)  Kim has a duty to come to the aid of Lennithia only if Lennithia has no insurance.F) B) and D)
G) A) and E) C

Question 13

Is Teresa the proximate cause of the bank burning?

Accepted Answer

A)  Teresa is not the proximate case of the accident because her actions were not the cause in fact of the accident.
B)  Teresa's actions were the proximate cause of the bank's burning because actual cause is present.
C)  Teresa's actions were not the proximate cause of the accident because actual causation cannot be established since it was foreseeable that gas can result in a fire.
D)  Teresa's actions were the proximate cause of the bank's burning because cause in fact can be established.
E)  Teresa is not the proximate cause of the bank burning because it was not foreseeable that Devin would have gas in the back of her pick-up truck that would result in such a fire.F) A) and B)
G) C) and E)

Question 14

Breach of duty in a negligence case refers to ________.

Accepted Answer

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

Question 15

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

Question 16

Which of the following is liability without fault?

Accepted Answer

A)  Homeowner liability.
B)  Assumption of the risk.
C)  Storekeeper liability.
D)  Negligence.
E)  Strict liability.F) B) and E)
G) A) and D)

Question 17

Deb lives in a jurisdiction where all residential swimming pools are required by law to be fenced in by a fence that is at least six feet tall in order to prevent accidental drowning.Deb built a pool in her backyard a couple of months ago,but she hasn't had the extra money with which to build the fence.Unfortunately,one of the neighborhood children goes swimming in the pool and drowns.The parents of the child sue Deb.Discuss how the parents would likely go about proving their case and the elements that would be required.

Accepted Answer

The parents would likely rely on the doc...

Question 18

While out for a bike ride,Huifen sees a child playing alone and unsupervised near the road.Which of the following is true?

Accepted Answer

A)  She must render assistance to the child only if she can do so without peril to herself.
B)  She must come to the child's assistance only because a child is involved.
C)  She must render assistance to the child only if she is acquainted with the child's parents.
D)  Because the law holds that every U.S.citizen holds the duty to help a stranger in peril,she must come to the child's assistance.
E)  She has no duty to render assistance to the child.F) A) and D)
G) B) and E) E

Question 19

Which of the following are elements of causation?

Accepted Answer

A)  Actual cause and significant cause.
B)  Actual cause and proximate cause.
C)  Proximate cause and significant cause.
D)  Actual cause and clear cause.
E)  Proximate cause and real cause.F) B) and C)
G) None of the above

Question 20

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 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.
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 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.F) B) and D)
G) A) and B) E

Exam 9: Negligence and Strict Liability

Why do superseding causes allow defendants to avoid liability?

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

Correct Answer
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Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages,with no requirement that the defendant be more than 50% at fault?

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

The term strict liability refers to liability without fault.

Correct Answer
verified

On a vacation holiday,Anne decides to rent a fishing boat.She is asked to sign a contract stipulating that the defendant will not be held responsible for any boating accidents.If Anne signs,this is an example of:

Correct Answer
verified

What will Naomie likely rely upon to defend herself?

Correct Answer
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Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Correct Answer
verified

Which of the following is true regarding contributory negligence?

Correct Answer
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Punitive damages are most likely to be awarded against Naomie if:

Correct Answer
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Implied assumption of the risk occurs when the plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior.

Correct Answer
verified

Kim negligently hits Lennithia with her car.Which of the following is true?

Correct Answer
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C

Is Teresa the proximate cause of the bank burning?

Correct Answer
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Breach of duty in a negligence case refers to ________.

Correct Answer
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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
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Which of the following is liability without fault?

Correct Answer
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Correct Answer
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The parents would likely rely on the doc...
View Answer

While out for a bike ride,Huifen sees a child playing alone and unsupervised near the road.Which of the following is true?

Correct Answer
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E

Which of the following are elements of causation?

Correct Answer
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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
E

Exam 9: Negligence and Strict Liability

Why do superseding causes allow defendants to avoid liability?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages,with no requirement that the defendant be more than 50% at fault?

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

The term strict liability refers to liability without fault.

Correct AnswerverifiedShow Answer

On a vacation holiday,Anne decides to rent a fishing boat.She is asked to sign a contract stipulating that the defendant will not be held responsible for any boating accidents.If Anne signs,this is an example of:

Correct AnswerverifiedShow Answer

What will Naomie likely rely upon to defend herself?

Correct AnswerverifiedShow Answer

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Correct AnswerverifiedShow Answer

Which of the following is true regarding contributory negligence?

Correct AnswerverifiedShow Answer

Punitive damages are most likely to be awarded against Naomie if:

Correct AnswerverifiedShow Answer

Implied assumption of the risk occurs when the plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior.

Correct AnswerverifiedShow Answer

Kim negligently hits Lennithia with her car.Which of the following is true?

Correct AnswerverifiedC

Is Teresa the proximate cause of the bank burning?

Correct AnswerverifiedShow Answer

Breach of duty in a negligence case refers to ________.

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

Which of the following is liability without fault?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe parents would likely rely on the doc...View AnswerShow Answer

While out for a bike ride,Huifen sees a child playing alone and unsupervised near the road.Which of the following is true?

Correct AnswerverifiedE

Which of the following are elements of causation?

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 AnswerverifiedE

Correct Answer
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C

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The parents would likely rely on the doc...
View Answer

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E

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E