Question 1

Match between columns
                        Premises: but-for or substantial factor

Accepted Answer

The Answer of actual cause and judgment proof and standard is...

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

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 acts or omissions, would the injury have occurred? 
(b) Did the defendant's acts or omissions have an important or significant role in bringing about the injury?

Question 4

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 5

The two tests for actual cause are

Accepted Answer

A)  but-for and substantial factor 
B)  cause in fact and legal cause 
C)  general cause and special cause 
D)  but-for and proximate cause 
A)  but-for and substantial factor 
B)  cause in fact and legal cause 
C)  general cause and special cause 
D)  but-for and proximate cause

Question 6

When is an intervening criminal human force a superseding cause?

Accepted Answer

when the criminal act was not

Question 7

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 8

Legal cause is established

Accepted Answer

A)  if the intervening cause is a superseding cause 
B)  if the injury was not the foreseeable consequence of the original risk 
C)  if the injury was the foreseeable consequence of the original risk 
D)  if actual cause exists by the but-for or substantial-factor tests 
A)  if the intervening cause is a superseding cause 
B)  if the injury was not the foreseeable consequence of the original risk 
C)  if the injury was the foreseeable consequence of the original risk 
D)  if actual cause exists by the but-for or substantial-factor tests

Question 9

Under the mitigation-of-damages rule, the defendant will not be liable for any ________ of the plaintiff's injury that could have been prevented by the plaintiff.

Accepted Answer

The answer of Under the mitigation-of-damages rule, the defendant will...

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Match between columns
                        Premises: doctrine of avoidable consequences

Accepted Answer

The Answer of intervening cause and thin-skull rule and actual is...

Question 12

The two components of proximate cause are

Accepted Answer

A)  actual cause and cause in fact 
B)  actual cause and superseding cause 
C)  actual cause and legal cause 
D)  actual cause and intervening cause 
A)  actual cause and cause in fact 
B)  actual cause and superseding cause 
C)  actual cause and legal cause 
D)  actual cause and intervening cause

Question 13

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 14

Match between columns
                        Premises: how convincing something must be

Accepted Answer

The Answer of judgment proof and standard of proof and is...

Question 15

The manner in which the injury occurs does not have to be foreseeable if the general nature or type of harm was a foreseeable consequence of the original risk.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

The answer of A plaintiff with a high vulnerability to...

Question 17

Match between columns
                        Premises: a cause beyond the foreseeable risk originally created

Accepted Answer

The Answer of superseding cause and standard of proof and is...

Question 18

Match between columns
                        Premises: actual cause and legal cause

Accepted Answer

The Answer of judgment proof and intervening cause and thin-skull is...

Question 19

Match between columns
                        Premises: Restatement's test for proximate cause

Accepted Answer

The Answer of superseding cause and judgment proof and duty is...

Question 20

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

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

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

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

The two tests for actual cause are

When is an intervening criminal human force a superseding cause?

An intervening cause

Legal cause is established

Under the mitigation-of-damages rule, the defendant will not be liable for any ________ of the plaintiff's injury that could have been prevented by the plaintiff.

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

The two components of proximate cause are

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

The manner in which the injury occurs does not have to be foreseeable if the general nature or type of harm was a foreseeable consequence of the original risk.

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

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.

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 II: Breach of Duty

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 13: Negligence: Element III: Proximate Cause

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

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

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

The two tests for actual cause are

When is an intervening criminal human force a superseding cause?

An intervening cause

Legal cause is established

Under the mitigation-of-damages rule, the defendant will not be liable for any ________ of the plaintiff's injury that could have been prevented by the plaintiff.

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

The two components of proximate cause are

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

The manner in which the injury occurs does not have to be foreseeable if the general nature or type of harm was a foreseeable consequence of the original risk.

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

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.

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 II: Breach of Duty

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