Question 1

Explain how the breach-of-duty equation helps determine what a reasonable person would have done.

Accepted Answer

If the danger of a serious accident outweighs the burden or inconvenience of taking precautions to avoid the accident, the reasonable person would take those precautions; furthermore, the more important or socially useful the activity, the more risks the reasonable person is willing to take.

Question 2

Match between columns
                        Premises: carelessly monitoring an incompetent person

Accepted Answer

The Answer of deep pockets and defensive medicine and English is...

Question 3

Match between columns
                        Premises: an assumption or theory to be proved

Accepted Answer

The Answer of factor and joint and several liability and is...

Question 4

Match between columns
                        Premises: how a business or profession has acted in the past

Accepted Answer

The Answer of negligence per se and res ipsa loquitur is...

Question 5

By definition, a reasonable person does not cause accidents.

Accepted Answer

A) True 
 B)False

Question 6

Distinguish between the reasonable patient standard and the reasonable doctor standard in determining whether a patient has provided informed consent.

Accepted Answer

Under a reasonable patient standard, a d

Question 7

Match between columns
                        Premises: losing party pays other side's attorney fees

Accepted Answer

The Answer of English rule and strict liability and respondeat is...

Question 8

Under the ________ rule, the amount of damages caused by the tortfeasor shall not be reduced by any injury-related funds received by the plaintiff from sources independent of the tortfeasor.

Accepted Answer

The answer of Under the ________ rule, the amount of...

Question 9

Medical malpractice

Accepted Answer

A)  is the failure of a doctor to exercise the skills commonly applied by doctors in any field 
B)  is the failure of a doctor to exercise the skills commonly applied by doctors in the same field under the same circumstances 
C)  is the failure of a doctor to exercise the highest skills applied by doctors in the same field under the same circumstances 
D)  is the failure of a doctor to exercise the skills always applied by doctors in the same field under the same circumstances 
A)  is the failure of a doctor to exercise the skills commonly applied by doctors in any field 
B)  is the failure of a doctor to exercise the skills commonly applied by doctors in the same field under the same circumstances 
C)  is the failure of a doctor to exercise the highest skills applied by doctors in the same field under the same circumstances 
D)  is the failure of a doctor to exercise the skills always applied by doctors in the same field under the same circumstances

Question 10

Match between columns
                        Premises: each defendant is responsible individually and together

Accepted Answer

The Answer of res ipsa loquitur and breach of duty is...

Question 11

Match between columns
                        Premises: conduct a reasonable person would take to avoid injury

Accepted Answer

The Answer of hypothesis and negligence per se and family is...

Question 12

Match between columns
                        Premises: the employer is responsible for the tort of the employee

Accepted Answer

The Answer of deep pockets and negligent supervision and English is...

Question 13

What is a conspiracy of silence in litigation?

Accepted Answer

the reluctance or re

Question 14

Physically, a reasonable person has the same strengths and weaknesses as the defendant.

Accepted Answer

A) True 
 B)False

Question 15

Match between columns
                        Premises: the employer answers for the tort of the employee

Accepted Answer

The Answer of subjective standard and family purpose doctrine and is...

Question 16

Match between columns
                        Premises: only the employee is liable due to this deviation

Accepted Answer

The Answer of family purpose doctrine and respondeat superior and is...

Question 17

Match between columns
                        Premises: one of the circumstances to be weighed

Accepted Answer

The Answer of standard and respondeat superior and res ipsa is...

Question 18

Reasonableness is determined primarily by an objective standard.

Accepted Answer

A) True 
 B)False

Question 19

Someone who has assets with which to pay a judgment is said to have ________.

Accepted Answer

The answer of Someone who has assets with which to...

Question 20

The defendant is expected to know that matches can cause dangerous fires even if the defendant's mental illness prevents him or her from knowing this.

Accepted Answer

A) True 
 B)False

Explain how the breach-of-duty equation helps determine what a reasonable person would have done.

By definition, a reasonable person does not cause accidents.

Distinguish between the reasonable patient standard and the reasonable doctor standard in determining whether a patient has provided informed consent.

Under the ________ rule, the amount of damages caused by the tortfeasor shall not be reduced by any injury-related funds received by the plaintiff from sources independent of the tortfeasor.

Medical malpractice

What is a conspiracy of silence in litigation?

Physically, a reasonable person has the same strengths and weaknesses as the defendant.

Reasonableness is determined primarily by an objective standard.

Someone who has assets with which to pay a judgment is said to have ________.

The defendant is expected to know that matches can cause dangerous fires even if the defendant's mental illness prevents him or her from knowing this.

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Proceedings

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Element I: Duty

Negligence: Element III: Proximate Cause

Negligence: Element Iv: 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

Exam 12: Negligence: Element II: Breach of Duty

Explain how the breach-of-duty equation helps determine what a reasonable person would have done.

By definition, a reasonable person does not cause accidents.

Distinguish between the reasonable patient standard and the reasonable doctor standard in determining whether a patient has provided informed consent.

Under the ________ rule, the amount of damages caused by the tortfeasor shall not be reduced by any injury-related funds received by the plaintiff from sources independent of the tortfeasor.

Medical malpractice

What is a conspiracy of silence in litigation?

Physically, a reasonable person has the same strengths and weaknesses as the defendant.

Reasonableness is determined primarily by an objective standard.

Someone who has assets with which to pay a judgment is said to have ________.

The defendant is expected to know that matches can cause dangerous fires even if the defendant's mental illness prevents him or her from knowing this.

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Proceedings

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Element I: Duty

Negligence: Element III: Proximate Cause

Negligence: Element Iv: 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