Question 1

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

Accepted Answer

A) True 
 B)False  False

Question 2

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Accepted Answer

A)  In order to assist a defendant in defending against unfounded claims. 
B)  In order to assist a plaintiff in avoiding the assumption of the risk doctrine. 
C)  In order to assist a defendant in avoiding the assumption of the risk doctrine. 
D)  Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence. 
E)  Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility. 
A)  In order to assist a defendant in defending against unfounded claims. 
B)  In order to assist a plaintiff in avoiding the assumption of the risk doctrine. 
C)  In order to assist a defendant in avoiding the assumption of the risk doctrine. 
D)  Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence. 
E)  Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility. D

Question 3

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Accepted Answer

A)  It requires a finding of negligence. 
B)  It prohibits a finding of negligence. 
C)  The burden of proof shifts to the plaintiff. 
D)  The burden of proof shifts to the defendant. 
E)  The burden of proof rises to proof beyond a reasonable doubt. 
A)  It requires a finding of negligence. 
B)  It prohibits a finding of negligence. 
C)  The burden of proof shifts to the plaintiff. 
D)  The burden of proof shifts to the defendant. 
E)  The burden of proof rises to proof beyond a reasonable doubt. D

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

Which of the following aids plaintiffs in establishing negligence claims?

Accepted Answer

A)  Only res ipsa loquitur 
B)  Only negligence per se 
C)  Only assumption of risk 
D)  Res ipsa loquitur and negligence per se 
E)  Res ipsa loquitur, negligence per se, and assumption of risk 
A)  Only res ipsa loquitur 
B)  Only negligence per se 
C)  Only assumption of risk 
D)  Res ipsa loquitur and negligence per se 
E)  Res ipsa loquitur, negligence per se, and assumption of risk

Question 6

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 7

Which of the following theories will Susan likely use to defend herself?

Accepted Answer

A)  Assumption of the risk 
B)  Comparative negligence 
C)  Res ipsa loquitur 
D)  Negligence per se 
E)  Stare decisis 
A)  Assumption of the risk 
B)  Comparative negligence 
C)  Res ipsa loquitur 
D)  Negligence per se 
E)  Stare decisis

Question 8

"Blow up." Jeanie is hauling gas in the back of her pick-up truck for her personal watercraft. She is planning a lake party and thinks she will need a lot of it. On the way home, Jeanie stops at the automatic teller machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends Jeanie's pick-up. The truck explodes and results in the bank building burning to the ground. The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building. The bank claimed that it should be able to recover under the res ipsa loquitur doctrine.
-Which of the following is most likely true regarding whether Holly is the proximate cause of the bank burning?

Accepted Answer

A)  Holly is not the proximate cause of the bank burning because it was not foreseeable that Jeanie would have gas in the back of her pick-up truck that would result in such a fire. 
B)  Holly is not the proximate case of the accident because her actions were not the cause in fact of the accident. 
C)  Holly's actions were not the proximate cause of the accident because actual causation cannot be established since it was foreseeable that gas can result in a fire. 
D)  Holly's actions were the proximate cause of the bank's burning because actual cause is present. 
E)  Holly's actions were the proximate cause of the bank's burning because cause in fact can be established. 
A)  Holly is not the proximate cause of the bank burning because it was not foreseeable that Jeanie would have gas in the back of her pick-up truck that would result in such a fire. 
B)  Holly is not the proximate case of the accident because her actions were not the cause in fact of the accident. 
C)  Holly's actions were not the proximate cause of the accident because actual causation cannot be established since it was foreseeable that gas can result in a fire. 
D)  Holly's actions were the proximate cause of the bank's burning because actual cause is present. 
E)  Holly's actions were the proximate cause of the bank's burning because cause in fact can be established.

Question 9

Which of the following must a plaintiff prove to win a negligence case?

Accepted Answer

A)  Duty, breach of duty, and causation, but not damages. 
B)  Breach of duty only. 
C)  Duty and causation only. 
D)  Causation and damages. 
E)  Duty, breach of duty, causation, and damages. 
A)  Duty, breach of duty, and causation, but not damages. 
B)  Breach of duty only. 
C)  Duty and causation only. 
D)  Causation and damages. 
E)  Duty, breach of duty, causation, and damages.

Question 10

Tina negligently hits student Susie with her car. Which of the following is true?

Accepted Answer

A)  Tina has no duty to come to the aid of Susie. 
B)  Tina has a duty to come to the aid of Susie because she negligently hit her. 
C)  Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time. 
D)  Tina has a duty to come to the aid of Susie only if Susie has no insurance. 
E)  Tina has a duty to come to the aid of Susie only if no one else is willing to do so. 
A)  Tina has no duty to come to the aid of Susie. 
B)  Tina has a duty to come to the aid of Susie because she negligently hit her. 
C)  Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time. 
D)  Tina has a duty to come to the aid of Susie only if Susie has no insurance. 
E)  Tina has a duty to come to the aid of Susie only if no one else is willing to do so.

Question 11

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 12

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

Accepted Answer

A)  Assumption of risk. 
B)  Last-clear-chance doctrine. 
C)  Modified risk doctrine. 
D)  Modified comparative doctrine. 
E)  There is no such doctrine. 
A)  Assumption of risk. 
B)  Last-clear-chance doctrine. 
C)  Modified risk doctrine. 
D)  Modified comparative doctrine. 
E)  There is no such doctrine.

Question 13

In most states, proximate cause is determined by _______.

Accepted Answer

A)  Actual cause 
B)  Common law 
C)  Foreseeability 
D)  But-for causation 
E)  Strict liability 
A)  Actual cause 
B)  Common law 
C)  Foreseeability 
D)  But-for causation 
E)  Strict liability

Question 14

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Accepted Answer

A)  That the doctrine of res ipsa loquitur applied. 
B)  That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the type of accident at issue would not normally happen in the absence of negligence. 
C)  That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the dock at issue was in the exclusive control of the defendants. 
D)  That the doctrine of res ipsa loquitur did not apply because it only applies in contractual cases. 
E)  That whether or not the doctrine of res ipsa loquitur applied should be decided by the jury. 
A)  That the doctrine of res ipsa loquitur applied. 
B)  That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the type of accident at issue would not normally happen in the absence of negligence. 
C)  That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the dock at issue was in the exclusive control of the defendants. 
D)  That the doctrine of res ipsa loquitur did not apply because it only applies in contractual cases. 
E)  That whether or not the doctrine of res ipsa loquitur applied should be decided by the jury.

Question 15

Which of the following is an example of an inherently dangerous activity?

Accepted Answer

A)  Driving a vehicle. 
B)  Operating an airplane. 
C)  Dynamite blasting in a populated area. 
D)  Burning trash. 
E)  Babysitting. 
A)  Driving a vehicle. 
B)  Operating an airplane. 
C)  Dynamite blasting in a populated area. 
D)  Burning trash. 
E)  Babysitting.

Question 16

Which of the following is a condition required for the imposition of strict liability?

Accepted Answer

A)  The activity involves negligence pertaining to the preparation of food products. 
B)  The activity involves trespassing in a way that reasonably leads to fright on the part of home owners. 
C)  The activity is undertaken by a minor. 
D)  The activity is so inherently dangerous that it cannot ever be safely undertaken. 
E)  The activity is heavily regulated. 
A)  The activity involves negligence pertaining to the preparation of food products. 
B)  The activity involves trespassing in a way that reasonably leads to fright on the part of home owners. 
C)  The activity is undertaken by a minor. 
D)  The activity is so inherently dangerous that it cannot ever be safely undertaken. 
E)  The activity is heavily regulated.

Question 17

Which of the following is true regarding the duty that a business owes to customers?

Accepted Answer

A)  A business owes no duty to its customers other than to sell safe products. 
B)  A business owes an absolute duty to keep its customers safe and is strictly liable for any harm. 
C)  A business only owes a minimal duty toward customers. 
D)  A business owes a negligence per se duty toward customers. 
E)  A business has a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known. 
A)  A business owes no duty to its customers other than to sell safe products. 
B)  A business owes an absolute duty to keep its customers safe and is strictly liable for any harm. 
C)  A business only owes a minimal duty toward customers. 
D)  A business owes a negligence per se duty toward customers. 
E)  A business has a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known.

Question 18

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 19

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 state 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 some states by the defense of comparative negligence. 
E)  It was once available in all states and has been replaced in some states by the defense of assumption of risk. 
A)  The defense was once available in a few states but is not available in any state 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 some states by the defense of comparative negligence. 
E)  It was once available in all states and has been replaced in some states by the defense of assumption of risk.

Question 20

When would a defendant 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 no direct evidence of the defendant's lack of due care existed. 
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 plaintiff is guilty of contributory negligence. 
D)  To allow the judge and jury to presume the plaintiff destroyed evidence. 
E)  To allow the judge to hold the defendant liable under a strict liability theory. 
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 no direct evidence of the defendant's lack of due care existed. 
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 plaintiff is guilty of contributory negligence. 
D)  To allow the judge and jury to presume the plaintiff destroyed evidence. 
E)  To allow the judge to hold the defendant liable under a strict liability theory.

Exam 9: Negligence and Strict Liability

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

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

Which of the following aids plaintiffs in establishing negligence claims?

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.

Which of the following theories will Susan likely use to defend herself?

Which of the following must a plaintiff prove to win a negligence case?

Tina negligently hits student Susie with her car. Which of the following is true?

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

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

In most states, proximate cause is determined by _______.

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Which of the following is an example of an inherently dangerous activity?

Which of the following is a condition required for the imposition of strict liability?

Which of the following is true regarding the duty that a business owes to customers?

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 contributory negligence?

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

An Introduction to Dynamic Business Law

Business Ethics

The US Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters