Question 1

If the defendants in a joint enterprise are jointly and severally liable, the plaintiff can collect the entire judgment from any individual defendant.

Accepted Answer

A) True 
 B)False

Question 2

With liability insurance

Accepted Answer

A)  The insurer agrees to cover damages unless comparative negligence bars recovery. 
B)  The insurer agrees to pay, on behalf of the insured, damages the latter is obligated to pay to a third party because of his or her legal liability to the third person for committing a tort or other wrong. 
C)  The insurer can refuse to pay damages incurred by the insured if the latter's negligence is determined to be gross. 
A)  The insurer agrees to cover damages unless comparative negligence bars recovery. 
B)  The insurer agrees to pay, on behalf of the insured, damages the latter is obligated to pay to a third party because of his or her legal liability to the third person for committing a tort or other wrong. 
C)  The insurer can refuse to pay damages incurred by the insured if the latter's negligence is determined to be gross.

Question 3

Match between columns
                        Premises: mutual right of control

Accepted Answer

The Answer of factor and negligence per se and custom is...

Question 4

In most negligence cases, the standard of care is reasonableness.

Accepted Answer

A) True 
 B)False

Question 5

Dave operates a small guitar shop where he makes and sells guitars. One day he carelessly leaves flammable glue next to a heater. The shop burns down. The neighboring shop owned by Jane also burns. Jane sues Dave for negligence.

Accepted Answer

A)  Dave was obligated to take all steps needed to prevent the fire. 
B)  Dave was obligated to take all reasonable steps needed to prevent the fire. 
C)  Dave's obligation was limited to taking all steps customarily taken by small guitar shops to prevent such fires. 
D)  Res ipsa loquitur applies. 
A)  Dave was obligated to take all steps needed to prevent the fire. 
B)  Dave was obligated to take all reasonable steps needed to prevent the fire. 
C)  Dave's obligation was limited to taking all steps customarily taken by small guitar shops to prevent such fires. 
D)  Res ipsa loquitur applies.

Question 6

Match between columns
                        Premises: a promised result

Accepted Answer

The Answer of medical malpractice and defensive medicine and legal is...

Question 7

Match between columns
                        Premises: requiring someone else to pay you the amount you were forced to pay

Accepted Answer

The Answer of collateral source and warranty and defensive medicine is...

Question 8

Doctors are strictly liable for the harm they wrongfully cause.

Accepted Answer

A) True 
 B)False

Question 9

An attorney loses a client's case because of a failure to file the complaint before the running of the statute of limitations.

Accepted Answer

A)  The client can win a legal malpractice action against the attorney if the client was not contributorily negligent. 
B)  The client can win a legal malpractice action against the attorney if the client can establish that the case would have been won if the complaint had been filed on time. 
C)  The client can win a legal malpractice action against the attorney regardless of the merits of the underlying case that was lost due to the statute of limitations. 
A)  The client can win a legal malpractice action against the attorney if the client was not contributorily negligent. 
B)  The client can win a legal malpractice action against the attorney if the client can establish that the case would have been won if the complaint had been filed on time. 
C)  The client can win a legal malpractice action against the attorney regardless of the merits of the underlying case that was lost due to the statute of limitations.

Question 10

Unless a statute provides otherwise, parents are not vicariously liable for the torts committed by their children.

Accepted Answer

A) True 
 B)False

Question 11

What is the function of a screening panel?

Accepted Answer

To try to weed out frivolous c

Question 12

When is a defendant vicariously liable for the torts committed by an independent contractor that the defendant hires?

Accepted Answer

when the independent

Question 13

Establishing a res ipsa loquitur case means that the plaintiff has proven breach of duty.

Accepted Answer

A) True 
 B)False

Question 14

Match between columns
                        Premises: deciding whether the risks outweigh the benefits

Accepted Answer

The Answer of hypothesis and family purpose doctrine and frolic is...

Question 15

Match between columns
                        Premises: knowing and voluntary agreement

Accepted Answer

The Answer of negligent supervision and mediation and warranty and is...

Question 16

Res ipsa loquitur can be used only when there is direct or specific evidence of negligence (unreasonableness).

Accepted Answer

A) True 
 B)False

Question 17

A defendant is never expected to do more than what is considered to be custom and usage in the industry.

Accepted Answer

A) True 
 B)False

Question 18

Match between columns
                        Premises: the owner of the car is liable for harm caused by the driver

Accepted Answer

The Answer of risk-benefit analysis and reasonable care and subjective is...

Question 19

In negligence a breach of duty is

Accepted Answer

A)  reasonableness as determined by an ordinarily prudent person 
B)  compliance with a statute that imposes a safety measure 
C)  unreasonable conduct endangering someone to whom you owe a duty of care 
D)  unreasonable conduct whether or not a duty of reasonable care is owed 
A)  reasonableness as determined by an ordinarily prudent person 
B)  compliance with a statute that imposes a safety measure 
C)  unreasonable conduct endangering someone to whom you owe a duty of care 
D)  unreasonable conduct whether or not a duty of reasonable care is owed

Question 20

What happens if the violation of a statute is excused?

Accepted Answer

The violation of the

If the defendants in a joint enterprise are jointly and severally liable, the plaintiff can collect the entire judgment from any individual defendant.

With liability insurance

In most negligence cases, the standard of care is reasonableness.

Dave operates a small guitar shop where he makes and sells guitars. One day he carelessly leaves flammable glue next to a heater. The shop burns down. The neighboring shop owned by Jane also burns. Jane sues Dave for negligence.

Doctors are strictly liable for the harm they wrongfully cause.

An attorney loses a client's case because of a failure to file the complaint before the running of the statute of limitations.

Unless a statute provides otherwise, parents are not vicariously liable for the torts committed by their children.

What is the function of a screening panel?

When is a defendant vicariously liable for the torts committed by an independent contractor that the defendant hires?

Establishing a res ipsa loquitur case means that the plaintiff has proven breach of duty.

Res ipsa loquitur can be used only when there is direct or specific evidence of negligence (unreasonableness).

A defendant is never expected to do more than what is considered to be custom and usage in the industry.

In negligence a breach of duty is

What happens if the violation of a statute is excused?

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

If the defendants in a joint enterprise are jointly and severally liable, the plaintiff can collect the entire judgment from any individual defendant.

With liability insurance

In most negligence cases, the standard of care is reasonableness.

Dave operates a small guitar shop where he makes and sells guitars. One day he carelessly leaves flammable glue next to a heater. The shop burns down. The neighboring shop owned by Jane also burns. Jane sues Dave for negligence.

Doctors are strictly liable for the harm they wrongfully cause.

An attorney loses a client's case because of a failure to file the complaint before the running of the statute of limitations.

Unless a statute provides otherwise, parents are not vicariously liable for the torts committed by their children.

What is the function of a screening panel?

When is a defendant vicariously liable for the torts committed by an independent contractor that the defendant hires?

Establishing a res ipsa loquitur case means that the plaintiff has proven breach of duty.

Res ipsa loquitur can be used only when there is direct or specific evidence of negligence (unreasonableness).

A defendant is never expected to do more than what is considered to be custom and usage in the industry.

In negligence a breach of duty is

What happens if the violation of a statute is excused?

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