Question 1

What factors give rise to a dram shop action?

Accepted Answer

The sale, barter, or gift of an intoxicant must have been illegal. It is illegal to provide intoxicants to minors and to persons who are already obviously intoxicated. A liquor vendor is liable for harm to which an illegal sale contributes.

Question 2

The Federal Rules of Civil Procedure allow courts discretion to try a case although the plaintiff's complaint does not assert a cause of action.

Accepted Answer

A) True 
 B)False  False

Question 3

An enforceable contract requires (1) that the parties be legally competent to enter into a contract; (2) a valid offer and acceptance which results in a meeting of the parties' minds concerning the subject of their contract; (3) the exchange of legal consideration, plus:

Accepted Answer

A)  that the contract be in writing. 
B)  that the parties were not intoxicated when the contract was made. 
C)  that money be given to bind the promisor. 
D)  that the acceptance of the offer must be qualified. 
E)  none of the above. 
A)  that the contract be in writing. 
B)  that the parties were not intoxicated when the contract was made. 
C)  that money be given to bind the promisor. 
D)  that the acceptance of the offer must be qualified. 
E)  none of the above. E

Question 4

In determining whether conduct was negligent, what constitutes "reasonable care?"

Accepted Answer

Reasonable care is t

Question 5

DEFINE
-negligence per se

Accepted Answer

An act or omission which is declared by

Question 6

DEFINE
-strict liability in tort

Accepted Answer

A cause of action which is available in

Question 7

DEFINE
-restitution

Accepted Answer

To restore to a person propert

Question 8

In a products liability case, the plaintiff's claim may be based upon:

Accepted Answer

A)  negligence. 
B)  breach of warranty. 
C)  strict liability in tort. 
D)  all of the above. 
E)  none of the above. 
A)  negligence. 
B)  breach of warranty. 
C)  strict liability in tort. 
D)  all of the above. 
E)  none of the above.

Question 9

Describe three features common to every cause of action.

Accepted Answer

Every cause of action requires the plain

Question 10

A plaintiff's mere perception of threat of physical harm is sufficient to establish a cause of action for assault.

Accepted Answer

A) True 
 B)False

Question 11

Consent is a complete defense to an action in trespass.

Accepted Answer

A) True 
 B)False

Question 12

Identify the necessary elements in a cause of action for intentional infliction of mental suffering.
a. A specific, subjective intent on the part of the defendant to inflict suffering upon the plaintiff;
b. Mental suffering inflicted by words, conduct, or a combination of words and conduct;
c. The defendant's conduct to accomplish it must be outrageous in character;
d. The plaintiff must prove that the wrongful conduct was the proximate cause of plaintiff's suffering.

Accepted Answer

The elements of a ca

Question 13

The defendant has the burden of proving an affirmative defense.

Accepted Answer

A) True 
 B)False

Question 14

DEFINE
-battery

Accepted Answer

An intentional, impermissible physical c

Question 15

What must the court do if there is a deficiency in the evidence, so that a cause of action is not proved?

Accepted Answer

The court must direct a verdic

Question 16

Even though a defendant's negligence is not the proximate cause of the accident, the defendant may be liable if the defendant's conduct was particu- larly egregious. A product vendor is subject to strict liability in tort only if the vendor knowingly sells a defective product to another. Where a defendant has negligently caused the plaintiff to suffer emotional distress, a plaintiff may recover compensatory damages even though the plaintiff has no physical manifestation of his or her mental suffering if the plaintiff can prove that he
or she was within the zone of danger.

Accepted Answer

A) True 
 B)False

Question 17

DEFINE
-comparative negligence

Accepted Answer

A legal doctrine which requires the fact

Question 18

Describe the legal duty that is allegedly breached in a negligence action.

Accepted Answer

Every person owes a duty of re

Question 19

DEFINE
-specific performance

Accepted Answer

A remedy provided by a court that equity

Question 20

Reasonable reliance on a misrepresentation is an essential element in a cause of action for fraud.

Accepted Answer

A) True 
 B)False

Exam 4: Causes of Action and Remedies

What factors give rise to a dram shop action?

The Federal Rules of Civil Procedure allow courts discretion to try a case although the plaintiff's complaint does not assert a cause of action.

An enforceable contract requires (1) that the parties be legally competent to enter into a contract; (2) a valid offer and acceptance which results in a meeting of the parties' minds concerning the subject of their contract; (3) the exchange of legal consideration, plus:

In determining whether conduct was negligent, what constitutes "reasonable care?"

DEFINE -negligence per se

DEFINE -strict liability in tort

DEFINE -restitution

In a products liability case, the plaintiff's claim may be based upon:

Describe three features common to every cause of action.

A plaintiff's mere perception of threat of physical harm is sufficient to establish a cause of action for assault.

Consent is a complete defense to an action in trespass.

The defendant has the burden of proving an affirmative defense.

DEFINE -battery

What must the court do if there is a deficiency in the evidence, so that a cause of action is not proved?

DEFINE -comparative negligence

Describe the legal duty that is allegedly breached in a negligence action.

DEFINE -specific performance

Reasonable reliance on a misrepresentation is an essential element in a cause of action for fraud.

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters