Question 1

Which of the following statements about comparative negligence laws is (are) true?
I.Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages.
II.Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.

Accepted Answer

A)  I only 
B)  II only 
C)  both I and II 
D)  neither I nor II

Question 2

One tort reform proposal is capping noneconomic damages. Noneconomic damages include

Accepted Answer

A)  payment for time missed from work. 
B)  payment for the cost of a hospital stay. 
C)  payment for pain and suffering. 
D)  payment for the cost of care provided by a physical therapist.

Question 3

Francis opened a store. She knows that customers who come to the store may be injured on the premises and hold her responsible for their injuries. Under common law, business customers in the store Francis opened are considered

Accepted Answer

A)  aliens. 
B)  licensees. 
C)  trespassers. 
D)  invitees.

Question 4

Which of the following statements about the elements of negligence is (are) true?
I.The negligence of the tortfeasor may arise from a failure to act.
II.The damage that results must be in the form of property damage.

Accepted Answer

A)  I only 
B)  II only 
C)  both I and II 
D)  neither I nor II

Question 5

In the context of medical malpractice, what is a "never event"?

Accepted Answer

A)  A medical condition that despite the best screening and technology cannot be detected. 
B)  A pandemic that quickly spreads and infects many people. 
C)  A medical error that should never occur. 
D)  An event for which doctors and medical facilities cannot be held legally responsible.

Question 6

One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced, it cannot be considered a defective product today. This defense is called the

Accepted Answer

A)  collateral source rule. 
B)  state of the art defense. 
C)  strict liability defense. 
D)  privity of contract rule.

Question 7

Under one doctrine, a person who understands the danger inherent in an activity cannot recover damages in the event of injury from the activity. This doctrine is called the

Accepted Answer

A)  contributory negligence doctrine. 
B)  assumption of risk doctrine. 
C)  comparative negligence doctrine. 
D)  fellow servant doctrine.

Question 8

Which of the following are legal obligations of a property owner with respect to an invitee?
I.The property owner must warn an invitee of any unsafe conditions.
II.The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.

Accepted Answer

A)  I only 
B)  II only 
C)  both I and II 
D)  neither I nor II

Question 9

A legal wrong for which the law allows a remedy in the form of money damages is a

Accepted Answer

A)  crime. 
B)  breach. 
C)  misdemeanor. 
D)  tort.

Question 10

Steve was involved in an auto accident. Both drivers were partially at fault for the accident. Steve's actual damages were $50,000. He was judged to be 60 percent at fault. If Steve's state has a 51 percent rule for comparative negligence, how much will Steve collect?

Accepted Answer

A)  $0 
B)  $20,000 
C)  $30,000 
D)  $50,000

Question 11

Alternative techniques for resolving legal disputes without litigation include which of the following?
I.Arbitration
II.Mediation

Accepted Answer

A)  I only 
B)  II only 
C)  both I and II 
D)  neither I nor II

Question 12

James was injured in an auto accident caused by another motorist's negligence. He received severe facial lacerations and injured his back in the accident. In payment for his pain, suffering, and disfigurement, losses which cannot be specifically itemized, James will receive

Accepted Answer

A)  punitive damages. 
B)  special damages. 
C)  imputed damages. 
D)  general damages.

Question 13

All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT

Accepted Answer

A)  The injured party has not contributed to the accident in any way. 
B)  The injured party must prove negligence on the part of the defendant. 
C)  The event is one that normally does not occur in the absence of negligence. 
D)  The defendant has exclusive control over the instrumentality causing the accident.

Question 14

Trisha was injured when the delivery truck for a local furniture store struck her. The delivery driver claimed the brakes of the delivery truck failed, causing the accident. Trisha filed suit, and in her lawsuit named the delivery driver, the furniture store, the service station responsible for vehicle maintenance, and the manufacturer of the vehicle. Even though the manufacturer of the vehicle may be only 1 percent responsible for the accident, it may be required to pay a large percentage of the damages under the

Accepted Answer

A)  collateral source rule. 
B)  assumption of risk rule. 
C)  joint and several liability rule. 
D)  last clear chance rule.

Question 15

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?

Accepted Answer

A)  vicarious liability 
B)  the last clear chance rule 
C)  contributory negligence 
D)  the assumption of risk doctrine

Question 16

Jan was injured in a work-related auto accident. She sued the other driver, and the case went to court. While questioning Jan, the defendant's lawyer asked if her injuries and lost earnings were covered under workers compensation. Jan's lawyer objected to the question. The judge ruled the question was improper and instructed the jury to disregard the question. Based on the judge's reaction to the question, which of the following rules is in force where this trial took place?

Accepted Answer

A)  the joint and several liability rule 
B)  the last clear chance rule 
C)  the comparative negligence rule 
D)  the collateral source rule

Exam 19: The Liability Risk

Which of the following statements about comparative negligence laws is (are) true? I.Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages. II.Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.

One tort reform proposal is capping noneconomic damages. Noneconomic damages include

Francis opened a store. She knows that customers who come to the store may be injured on the premises and hold her responsible for their injuries. Under common law, business customers in the store Francis opened are considered

Which of the following statements about the elements of negligence is (are) true? I.The negligence of the tortfeasor may arise from a failure to act. II.The damage that results must be in the form of property damage.

In the context of medical malpractice, what is a "never event"?

One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced, it cannot be considered a defective product today. This defense is called the

Under one doctrine, a person who understands the danger inherent in an activity cannot recover damages in the event of injury from the activity. This doctrine is called the

Which of the following are legal obligations of a property owner with respect to an invitee? I.The property owner must warn an invitee of any unsafe conditions. II.The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.

A legal wrong for which the law allows a remedy in the form of money damages is a

Steve was involved in an auto accident. Both drivers were partially at fault for the accident. Steve's actual damages were $50,000. He was judged to be 60 percent at fault. If Steve's state has a 51 percent rule for comparative negligence, how much will Steve collect?

Alternative techniques for resolving legal disputes without litigation include which of the following? I.Arbitration II.Mediation

James was injured in an auto accident caused by another motorist's negligence. He received severe facial lacerations and injured his back in the accident. In payment for his pain, suffering, and disfigurement, losses which cannot be specifically itemized, James will receive

All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?