Question 1

Which of the following is true regarding contributory negligence?

Accepted Answer

A)  The defense was once available in a few states but is not available in any states today. 
B)  It is available in all states today. 
C)  It was outlawed by a federal statute. 
D)  It was once available in all states but has been replaced in most states by the defense of comparative negligence. 
E)  It was once available in all states but has been replaced in most states by the defense of assumption of risk. 
A)  The defense was once available in a few states but is not available in any states today. 
B)  It is available in all states today. 
C)  It was outlawed by a federal statute. 
D)  It was once available in all states but has been replaced in most states by the defense of comparative negligence. 
E)  It was once available in all states but has been replaced in most states by the defense of assumption of risk. D

Question 2

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Accepted Answer

A)  Proximate cause. 
B)  Actual cause. 
C)  Cause in fact. 
D)  Significant cause. 
E)  Close cause. 
A)  Proximate cause. 
B)  Actual cause. 
C)  Cause in fact. 
D)  Significant cause. 
E)  Close cause. A

Question 3

Which of the following is a tort?

Accepted Answer

A)  A civil or criminal action in state court. 
B)  A civil or criminal action in state court or federal court. 
C)  A breach of contract. 
D)  A wrong or injury to another, other than a breach of contract. 
E)  None of these. 
A)  A civil or criminal action in state court. 
B)  A civil or criminal action in state court or federal court. 
C)  A breach of contract. 
D)  A wrong or injury to another, other than a breach of contract. 
E)  None of these. D

Question 4

When would a plaintiff use the doctrine of res ipsa loquitur?

Accepted Answer

A)  To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. 
B)  To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. 
C)  To allow the judge and jury to presume the defendant is guilty of contributory negligence. 
D)  To allow the judge and jury to presume the defendant destroyed evidence. 
E)  None of these. 
A)  To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. 
B)  To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. 
C)  To allow the judge and jury to presume the defendant is guilty of contributory negligence. 
D)  To allow the judge and jury to presume the defendant destroyed evidence. 
E)  None of these.

Question 5

Consent, if proven, is a defense to battery.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Accepted Answer

A)  Implied assumption of the risk. 
B)  Express assumption of the risk. 
C)  Express assumption of the last-clear-chance doctrine. 
D)  Implied assumption of the last-clear-chance doctrine. 
E)  Assumption by contract. 
A)  Implied assumption of the risk. 
B)  Express assumption of the risk. 
C)  Express assumption of the last-clear-chance doctrine. 
D)  Implied assumption of the last-clear-chance doctrine. 
E)  Assumption by contract.

Question 7

Reference - Diving Fiasco. Mike, who owns a dive shop in the U.S., decides to take a group of his customers diving in U.S. waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike does not reveal that information to the group of divers going with him. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. While the shark does not actually bite Billy himself, the attack results in damage to his diving equipment. Mike, who is in charge of the dive, does nothing to help and leaves the other divers to return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to do so but in the process he pulls his back and requires medical care. All divers are very unhappy with Mike. Which of the following is true regarding whether Wendy and Sam had a duty to come to the assistance of the divers in peril?

Accepted Answer

A)  Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril. 
B)  Wendy and Sam had a duty to go to the aid of the divers in peril only if Mike refused to do so. 
C)  Wendy and Sam did not have a duty to go to the aid of the divers in peril unless they were the first to see the problem. 
D)  Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers who were in peril. They had no duty to help strangers. 
E)  Sam and Wendy had a duty to help the divers who were in peril if personal safety was involved but not if the only issue was damage to property. 
A)  Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril. 
B)  Wendy and Sam had a duty to go to the aid of the divers in peril only if Mike refused to do so. 
C)  Wendy and Sam did not have a duty to go to the aid of the divers in peril unless they were the first to see the problem. 
D)  Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers who were in peril. They had no duty to help strangers. 
E)  Sam and Wendy had a duty to help the divers who were in peril if personal safety was involved but not if the only issue was damage to property.

Question 8

Define absolute privilege in the context of defamation and give an example of when an absolute privilege would be applied.

Accepted Answer

When an absolute privilege exists, one c

Question 9

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Accepted Answer

A)  Res ipsa loquitur. 
B)  Negligence per se. 
C)  Statutory shop act. 
D)  Comparative negligence. 
E)  Assumption of the risk. 
A)  Res ipsa loquitur. 
B)  Negligence per se. 
C)  Statutory shop act. 
D)  Comparative negligence. 
E)  Assumption of the risk.

Question 10

Reference - Chewer. The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities which would perhaps deter her from allowing the dog to run loose. What type of damages would Robert seek in order to punish Susan and to deter her actions in regard to letting the dog run free?

Accepted Answer

A)  Punitive. 
B)  Compensatory. 
C)  Nominal. 
D)  Liquidated. 
E)  There are no such damages available. 
A)  Punitive. 
B)  Compensatory. 
C)  Nominal. 
D)  Liquidated. 
E)  There are no such damages available.

Question 11

Which of the following is true regarding the law of negligence in Germany?

Accepted Answer

A)  It is the same as the law of negligence in the United States. 
B)  It focuses only on conscious negligence. 
C)  It focuses only on unconscious negligence. 
D)  Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only conscious negligence being found not guilty. 
E)  Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only unconscious negligence being found not guilty. 
A)  It is the same as the law of negligence in the United States. 
B)  It focuses only on conscious negligence. 
C)  It focuses only on unconscious negligence. 
D)  Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only conscious negligence being found not guilty. 
E)  Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only unconscious negligence being found not guilty.

Question 12

The courts generally hold that landowners have a duty to protect individuals on their property.

Accepted Answer

A) True 
 B)False

Question 13

What does the term "negligence per se" mean literally?

Accepted Answer

A)  Pure negligence. 
B)  Select negligence. 
C)  Negligence in or of itself. 
D)  Absolute wrongdoing. 
E)  Allowable negligence. 
A)  Pure negligence. 
B)  Select negligence. 
C)  Negligence in or of itself. 
D)  Absolute wrongdoing. 
E)  Allowable negligence.

Question 14

Proximate cause is also sometimes referred to as which of the following?

Accepted Answer

A)  Actual cause. 
B)  Cause in fact. 
C)  Legal cause. 
D)  Significant cause 
E)  Cause in fact 
A)  Actual cause. 
B)  Cause in fact. 
C)  Legal cause. 
D)  Significant cause 
E)  Cause in fact

Question 15

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

Accepted Answer

A)  Malfeasance. 
B)  Malpractice. 
C)  Mistake. 
D)  Physician liability. 
E)  Physician guilty. 
A)  Malfeasance. 
B)  Malpractice. 
C)  Mistake. 
D)  Physician liability. 
E)  Physician guilty.

Question 16

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Accepted Answer

A)  Nominal. 
B)  Compensatory. 
C)  Punitive. 
D)  Retaliatory. 
E)  Revenge. 
A)  Nominal. 
B)  Compensatory. 
C)  Punitive. 
D)  Retaliatory. 
E)  Revenge.

Question 17

Identify the elements of negligence.

Accepted Answer

The elements of negligence are

Question 18

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

Accepted Answer

A) True 
 B)False

Question 19

____________ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

Accepted Answer

A)  Criminal. 
B)  Liability. 
C)  Intentional. 
D)  Negligent. 
E)  Strict-liability. 
A)  Criminal. 
B)  Liability. 
C)  Intentional. 
D)  Negligent. 
E)  Strict-liability.

Question 20

Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?

Accepted Answer

A)  Robby's conduct constitutes a battery. 
B)  Robby's conduct constitutes an assault. 
C)  Robby's conduct constitutes both a battery and an assault. 
D)  Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. 
E)  Robby's conduct does not constitute an assault because contact has not yet happened. 
A)  Robby's conduct constitutes a battery. 
B)  Robby's conduct constitutes an assault. 
C)  Robby's conduct constitutes both a battery and an assault. 
D)  Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. 
E)  Robby's conduct does not constitute an assault because contact has not yet happened.

Exam 6: Criminal Law and Business

Which of the following is true regarding contributory negligence?

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Which of the following is a tort?

When would a plaintiff use the doctrine of res ipsa loquitur?

Consent, if proven, is a defense to battery.

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Define absolute privilege in the context of defamation and give an example of when an absolute privilege would be applied.

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Which of the following is true regarding the law of negligence in Germany?

The courts generally hold that landowners have a duty to protect individuals on their property.

What does the term "negligence per se" mean literally?

Proximate cause is also sometimes referred to as which of the following?

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Identify the elements of negligence.

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

____________ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

The Us Legal System and Alternative Dispute Resolution

Administrative Law

Constitutional Law

Tort Law

Real, Personal, and Intellectual Property

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

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