Question 1

In a comparative negligence state,if the plaintiff in a negligence lawsuit is found to be 30 percent negligent,the plaintiff would recover:

Accepted Answer

A)  70 percent of the damages. 
B)  all of the damages. 
C)  none of the damages. 
D)  30 percent of the damages. 
A)  70 percent of the damages. 
B)  all of the damages. 
C)  none of the damages. 
D)  30 percent of the damages. A

Question 2

A defendant who engages in setting off fireworks at a fully licensed Fourth of July show is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable

Accepted Answer

A) True 
 B)False  False

Question 3

What level of owners liability does a trespassing adult have

Accepted Answer

A)  lowest level 
B)  mid level 
C)  higher level 
D)  highest level 
A)  lowest level 
B)  mid level 
C)  higher level 
D)  highest level A

Question 4

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

Accepted Answer

A)  Res judicata. 
B)  Stare decisis. 
C)  Res ipsa loquitur. 
D)  Mens rea. 
A)  Res judicata. 
B)  Stare decisis. 
C)  Res ipsa loquitur. 
D)  Mens rea.

Question 5

Under a state law,a dog owner is absolutely liable to any person who is injured by the dog.This is an example of:

Accepted Answer

A)  negligence per se. 
B)  strict liability. 
C)  res ipsa loquitur. 
D)  negligence. 
A)  negligence per se. 
B)  strict liability. 
C)  res ipsa loquitur. 
D)  negligence.

Question 6

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Accepted Answer

A) True 
 B)False

Question 7

One morning,Miles placed a thumbtack on the chair of the office manager where he worked.He had no quarrel with the office manager,but thought this would be funny.Two days after sitting on the tack,the office manager was hospitalized with an infection caused by the tack.Which of the following is correct?

Accepted Answer

A)  Miles actions were negligent. 
B)  No tort has been committed. 
C)  Miles committed an intentional tort. 
D)  Miles is strictly liable. 
A)  Miles actions were negligent. 
B)  No tort has been committed. 
C)  Miles committed an intentional tort. 
D)  Miles is strictly liable.

Question 8

Courts have ruled that negligently retaining a violent employee is a tort.

Accepted Answer

A) True 
 B)False

Question 9

Johnny is hit by a car and thrown into the ditch breaking his leg. when this happens it scares Jim's cat who runs away tripping Mrs.Afton. what kind of cause is Mrs.Afton's fall.

Accepted Answer

A)  superseding cause 
B)  proximate cause 
C)  factual cause 
D)  contributive cause 
A)  superseding cause 
B)  proximate cause 
C)  factual cause 
D)  contributive cause

Question 10

In negligence cases the courts often refer to the term "reasonable person." What is meant by this term?

Accepted Answer

The reasonable person is used to establi

Question 11

Phillip was waiting for a bus at a bus stop.Across the street and down the block,a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck.The exploding tire injured Marsha and frightened a neighborhood dog,which ran down the street and knocked Phillip down,injuring his knee.Phillip sued the mechanic.In applying the Palsgraf v.Long Island Railroad Co.decision to this case,Phillip would:

Accepted Answer

A)  win because the mechanic was negligent in overinflating the tire,which led to Phillip's injury. 
B)  win based on negligence per se. 
C)  lose because the court would apply the doctrine of res ipsa loquitur. 
D)  lose because,although the mechanic's conduct was negligent toward Marsha,it was not a wrong in relation to Phillip,who was far away.The mechanic could not have foreseen injury to Phillip and therefore had no duty to him. 
A)  win because the mechanic was negligent in overinflating the tire,which led to Phillip's injury. 
B)  win based on negligence per se. 
C)  lose because the court would apply the doctrine of res ipsa loquitur. 
D)  lose because,although the mechanic's conduct was negligent toward Marsha,it was not a wrong in relation to Phillip,who was far away.The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

Question 12

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

Accepted Answer

A)  a licensee; to warn of known dangers. 
B)  an invitee; of reasonable care. 
C)  a social guest; only to avoid intentionally injuring him. 
D)  none of the above. 
A)  a licensee; to warn of known dangers. 
B)  an invitee; of reasonable care. 
C)  a social guest; only to avoid intentionally injuring him. 
D)  none of the above.

Question 13

Punitive damages are awarded:

Accepted Answer

A)  for past and future medical expenses. 
B)  to repay the victim for losses suffered. 
C)  to punish the defendant. 
D)  for past and future pain and suffering. 
A)  for past and future medical expenses. 
B)  to repay the victim for losses suffered. 
C)  to punish the defendant. 
D)  for past and future pain and suffering.

Question 14

A party engaging in ultra hazardous activity is always liable for any harm that results.

Accepted Answer

A) True 
 B)False

Question 15

On Monday,Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working properly.On Friday he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip.Reppart's said they had done the major repairs but that the steering system still needed some work and they needed another few days to finish the repairs.Travis told them he would pick the four-wheeler up and use it for the weekend and then bring it back to have them finish their work.While riding with friends on the weekend,Travis ran into someone because the steering stuck and he couldn't swerve to avoid them.Discuss how a court would determine causation in a negligence suit against Travis.

Accepted Answer

Courts look at two issues to determine c

Question 16

Palsgraf v.Long Island Railroad Co.addressed the issue of furnishing alcohol to minors.

Accepted Answer

A) True 
 B)False

Question 17

In a negligence case,the plaintiff must establish:

Accepted Answer

A)  duty,strict liability,causation,and injury. 
B)  mens rea,breach,foreseeable harm,and injury. 
C)  duty,actus reus,foreseeable harm,and causation. 
D)  duty of due care,breach,causation,foreseeable harm,and injury. 
A)  duty,strict liability,causation,and injury. 
B)  mens rea,breach,foreseeable harm,and injury. 
C)  duty,actus reus,foreseeable harm,and causation. 
D)  duty of due care,breach,causation,foreseeable harm,and injury.

Question 18

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Accepted Answer

A) True 
 B)False

Question 19

The doctrine of contributory negligence is followed in most states.

Accepted Answer

A) True 
 B)False

Question 20

Bob,a weak swimmer,ignored warning signs in a recreational swimming area and went into deep water.He soon grew tired and realized that he could not make it back to shore.Seeing Kelly,he cried out for help.Kelly,however,ignored the pleas.Bob was finally saved by Dorothy,but suffered brain damage from being submerged during the ordeal.Bob now sues Kelly for negligence for failing to try to save him.Bob will:

Accepted Answer

A)  prevail because society places a duty on people to help each other and Kelly breached this duty,resulting in Bob's injury. 
B)  lose because Kelly had no legal duty to rescue him. 
C)  lose even though Kelly had a legal duty to save him,since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries. 
D)  lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well. 
A)  prevail because society places a duty on people to help each other and Kelly breached this duty,resulting in Bob's injury. 
B)  lose because Kelly had no legal duty to rescue him. 
C)  lose even though Kelly had a legal duty to save him,since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries. 
D)  lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

Exam 6: Negligence and Strict Liability

In a comparative negligence state,if the plaintiff in a negligence lawsuit is found to be 30 percent negligent,the plaintiff would recover:

A defendant who engages in setting off fireworks at a fully licensed Fourth of July show is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable

What level of owners liability does a trespassing adult have

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

Under a state law,a dog owner is absolutely liable to any person who is injured by the dog.This is an example of:

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Courts have ruled that negligently retaining a violent employee is a tort.

Johnny is hit by a car and thrown into the ditch breaking his leg. when this happens it scares Jim's cat who runs away tripping Mrs.Afton. what kind of cause is Mrs.Afton's fall.

In negligence cases the courts often refer to the term "reasonable person." What is meant by this term?

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

Punitive damages are awarded:

A party engaging in ultra hazardous activity is always liable for any harm that results.

Palsgraf v.Long Island Railroad Co.addressed the issue of furnishing alcohol to minors.

In a negligence case,the plaintiff must establish:

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

The doctrine of contributory negligence is followed in most states.

Introduction to Law

Business Ethics and Social Responsibility

Courts,Litigation and Alterntive Dispute Resolution

Constitutional, Statutory, Administrative, and Common Law

Intentional Torts and Business Torts

Crime

International Law

Introduction to Contracts

Contract Impediments

Conclusion to Contracts

Practical Contracts

Introduction to Sales

Negotiable Instruments

Secured Transactions

Bankruptcy

Agency Law

Employment Law

Employment Discrimination

Labor Law

Starting a Business: Llcs and Other Option

Life and Death of a Corporation

Government Regulation: Securities and Antitrust

Accountants' Liability

Consumer Law

Environmental Law

Cyberlaw

Intellectual Property

Real Property and Tenant: Landlord Law

Personal Property and Bailment

Estate Planning

Insurance

Filters

A customer in a restaurant would be considered to whom the restaurant owner owes a duty .