Question 1

What is the legal cause component of proximate cause?

Accepted Answer

whether the injury or other loss suffered by the plaintiff is the foreseeable consequence of the original risk created by the defendant's acts or omissions

Question 2

A plaintiff with a high vulnerability to injury is said to have a/an ________.

Accepted Answer

thin skull

Question 3

A sudden violent storm that contributes to the plaintiff's injury is an intervening ________.

Accepted Answer

force of nature (act of God)

Question 4

MATCHING
-medical problem prior to the defendant's wrong

Accepted Answer

A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause 
A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause

Question 5

The standard of proof in most negligence cases is ________ of the evidence.

Accepted Answer

The answer of The standard of proof in most negligence...

Question 6

You can always determine actual cause through historical data since history repeats itself.

Accepted Answer

A) True 
 B)False

Question 7

Explain why it is not true that you will be liable for every injury of which you are the actual cause.

Accepted Answer

Actual cause is not the only test of cau

Question 8

Proximate cause is cause that is legally sufficient to impose liability for the results of one's wrongful act or omission.

Accepted Answer

A) True 
 B)False

Question 9

What are some of the commonsense considerations for determining whether something is the actual cause of an injury?

Accepted Answer

time data (how soon after the defendant

Question 10

Distinguish between general causation and specific causation in toxic tort cases.

Accepted Answer

For general causation, the question is w

Question 11

The weight of the evidence determines what standard of proof will be used in a negligence case.

Accepted Answer

A) True 
 B)False

Question 12

MATCHING
-actual cause and legal cause

Accepted Answer

A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause 
A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause

Question 13

While the but-for test and the substantial-factor test might lead to the same conclusion, it is generally easier to establish cause in fact by the substantial-factor test.

Accepted Answer

A) True 
 B)False

Question 14

What are the two tests to determine whether the defendant was the actual cause of the plaintiff's injury?

Accepted Answer

(a) But for the defendant's ac

Question 15

An intervening cause

Accepted Answer

A) is always a superseding cause 
B) determines actual cause 
C) is an independent force that produces harm after the defendant's act 
D) is an independent force that produces harm before the defendant's act 
A) is always a superseding cause 
B) determines actual cause 
C) is an independent force that produces harm after the defendant's act 
D) is an independent force that produces harm before the defendant's act

Question 16

MATCHING
-high vulnerability to injury

Accepted Answer

A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause 
A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause

Question 17

MATCHING
-Restatement's test for proximate cause

Accepted Answer

A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause 
A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause

Question 18

MATCHING
-doctrine of avoidable consequences

Accepted Answer

A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause 
A) proximate cause 
B) actual cause 
C) standard of proof 
D) preexisting condition 
E) duty to mitigate damages
F)thin-skull rule
G)highly extraordinary
H)judgment proof
I)intervening cause
J)superseding cause

Question 19

The extent of the injury must be foreseeable for the defendant to be the proximate cause of that injury.

Accepted Answer

A) True 
 B)False

Question 20

The defendant will not be liable for the aggravation of the original injury caused by the defendant when the plaintiff could have prevented the aggravation.

Accepted Answer

A) True 
 B)False

Exam 13: Negligence: Proximate Cause

What is the legal cause component of proximate cause?

A plaintiff with a high vulnerability to injury is said to have a/an ________.

A sudden violent storm that contributes to the plaintiff's injury is an intervening ________.

MATCHING -medical problem prior to the defendant's wrong

The standard of proof in most negligence cases is ________ of the evidence.

You can always determine actual cause through historical data since history repeats itself.

Explain why it is not true that you will be liable for every injury of which you are the actual cause.

Proximate cause is cause that is legally sufficient to impose liability for the results of one's wrongful act or omission.

What are some of the commonsense considerations for determining whether something is the actual cause of an injury?

Distinguish between general causation and specific causation in toxic tort cases.

The weight of the evidence determines what standard of proof will be used in a negligence case.

MATCHING -actual cause and legal cause

While the but-for test and the substantial-factor test might lead to the same conclusion, it is generally easier to establish cause in fact by the substantial-factor test.

What are the two tests to determine whether the defendant was the actual cause of the plaintiff's injury?

An intervening cause

MATCHING -high vulnerability to injury

MATCHING -Restatement's test for proximate cause

MATCHING -doctrine of avoidable consequences

The extent of the injury must be foreseeable for the defendant to be the proximate cause of that injury.

The defendant will not be liable for the aggravation of the original injury caused by the defendant when the plaintiff could have prevented the aggravation.

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Process

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Duty

Negligence: Breach of Duty

Negligence: Damages

Negligence: Defenses

Products Liability

Survival and Wrongful Death

Torts Against and Within the Family

Torts Connected With Land

Defamation:

Invasion of Privacy

Misrepresentation, Tortious Interference, and Other Torts

Additional Tort Defenses

Workers Compensation

Filters