Question 1

Which of the following is true regarding whether Mike is liable for the injuries Sam sustained in coming to the rescue of the divers in distress?

Accepted Answer

A)   Mike is not liable for Sam's injuries because Sam had no legal duty to come to the aid of the other divers.
B)   Mike is not liable for Sam's injuries because Sam assumed the risk of harm.
C)   Mike is not liable for Sam's injuries because the shark attack constituted a superseding cause of the injuries.
D)   Mike is liable for Sam's injuries only if he made them worse by not getting Sam medical attention on a timely basis.
E)   Mike is liable for Sam's injuries under the danger invites rescue doctrine.F) C) and E)
G) D) and E)

Question 2

To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Accepted Answer

A) True 
 B)False

Question 3

According to the pure comparative negligence defense,a defendant must be more than 50% at fault before the plaintiff can recover.

Accepted Answer

A) True 
 B)False

Question 4

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

In some situations,the law specifies the duty of care one individual owes to another.

Accepted Answer

A) True 
 B)False

Question 7

Assume Bobby begins to cross the street in a jurisdiction that applies contributory negligence.He does not go to a crosswalk but proceeds to illegally cross the street without checking to see if any vehicles are coming.Slick sees Bobby in the street,notices that he is not in the crosswalk,and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street.Slick does slow down somewhat and only causes Bobby some significant bruising,but Bobby is angry and sues.Which of the following is most likely to happen in a contributory negligence jurisdiction?

Accepted Answer

A)   Slick will not be held liable because Bobby was contributorily negligent.
B)   Bobby will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Bobby.
C)   Bobby will win because of comparative negligence.
D)   Slick will win because of the assumption of risk doctrine based upon the fact that Bobby committed an offense by crossing the street where he did in violation of clearly defined law.
E)   Bobby will lose because Slick, at least, reduced his speed.F) A) and E)
G) B) and C)

Question 8

While driving her car down the street,Susan sees a child playing near the road with no adult around.Which of the following is true?

Accepted Answer

A)   Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance.
B)   She must come to the child's assistance only because a child is involved.
C)   She has no duty to render assistance to the child.
D)   She must render assistance to the child only if she can do so without peril to herself.
E)   She must render assistance to the child only if she is acquainted with the child's parents.F) D) and E)
G) A) and E) C

Question 9

Courts usually award punitive damages in cases in which the offender has committed ______.

Accepted Answer

A)   Negligence
B)   Strict liability offense
C)   A res ipsa loquitur offense
D)   A tort directly involving negligence per se
E)   Gross negligenceF) A) and E)
G) A) and D)

Question 10

Actual cause is also known as ______.

Accepted Answer

A)   Proximate cause
B)   Legal cause
C)   Cause in fact
D)   Cause for certainty
E)   Proximately related causeF) A) and C)
G) B) and D)

Question 11

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.F) A) and D)
G) C) and D)

Question 12

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Accepted Answer

A)   Reasonable person
B)   Above-average person
C)   Without error
D)   Perfect accountability
E)   Reasonable accountabilityF) B) and C)
G) None of the above

Question 13

Billy,the diver who had damaged equipment because of the shark incident wants to sue Mike for damages.Which of the following is the most likely result?

Accepted Answer

A)   Billy will win because Mike should have warned him about the occasional appearance of sharks.
B)   Billy will lose because Mike had no duty to warn him of anything.
C)   Billy will lose because he did not sustain physical injury.
D)   Billy will win only if he can establish that he had a contract with Mike whereby Mike agreed to reveal harmful conditions.
E)   Billy will win only if he can establish that he did not have insurance to cover the equipment.F) C) and D)
G) A) and C)

Question 14

Which of the following was the result in District of Columbia v.Wayne Singleton,the case in the text involving whether the doctrine of res ipsa loquitur applied to a negligence action involving a single-vehicle accident?

Accepted Answer

A)   That the doctrine of res ipsa loquitur applied to absolve the defendant from liability.
B)   That the doctrine of res ipsa loquitur applied to establish the defendant's liability to the plaintiff.
C)   That the doctrine of res ipsa loquitur applied to prevent the defendant from invoking the doctrine of comparative fault.
D)   That the doctrine of res ipsa loquitur to the motor vehicle accident at issue because it applies only in litigation involving strict liability.
E)   That the doctrine of res ipsa loquitur did not apply because the plaintiff failed to eliminate sufficiently other causes of the accident.F) C) and D)
G) B) and E)

Question 15

Define the term "res ipsa loquitur" and set forth what a plaintiff must demonstrate in order rely upon that doctrine.

Accepted Answer

Res ipsa loquitur means "the thing speaks for itself".In most states to establish res ipsa loquitur the plaintiff must demonstrate that (1)the event was the kind that does not ordinarily occur in the absence of negligence,(2)other reasonable causes including the conduct of third parties and the plaintiff have been sufficiently eliminated,and (3)the indicated negligence is within the scope of the defendant's duty to the plaintiff.

Question 16

Which of the following occurs when a plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior?

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 incident.F) C) and D)
G) A) and B)

Question 17

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages,with no requirement that the defendant be more than 50% at fault?

Accepted Answer

A)   Assumption of the risk.
B)   Last-clear-chance.
C)   Modified comparative negligence.
D)   Pure comparative negligence.
E)   Both modified comparative negligence and last-clear-chance.F) B) and E)
G) A) and B) D

Question 18

Which of the following is sometimes referred to as "but for" causation?

Accepted Answer

A)   Proximate cause.
B)   Significant cause.
C)   Actual cause.
D)   Legal cause.
E)   Constructive cause.F) A) and D)
G) A) and E)

Question 19

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.F) C) and D)
G) B) and E)

Question 20

In reference to the case in the text,Ex Parte Emmette L.Barran,III,what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Accepted Answer

A)   The court ruled that under pure contributive negligence principles, the plaintiff was entitled to recover.
B)   The court ruled that under pure comparative negligence principles, the plaintiff was entitled to recover.
C)   The court ruled that under modified comparative negligence principles, the plaintiff was entitled to recover.
D)   The court dismissed the case on the basis of negligence per se.
E)   The court dismissed the lawsuit on the basis that the plaintiff assumed the risk of harm.F) A) and B)
G) C) and E)

Exam 9: Negligence and Strict Liability

Which of the following is true regarding whether Mike is liable for the injuries Sam sustained in coming to the rescue of the divers in distress?

Correct Answer
verified

To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Correct Answer
verified

According to the pure comparative negligence defense,a defendant must be more than 50% at fault before the plaintiff can recover.

Correct Answer
verified

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Correct Answer
verified

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

Correct Answer
verified

In some situations,the law specifies the duty of care one individual owes to another.

Correct Answer
verified

Correct Answer
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While driving her car down the street,Susan sees a child playing near the road with no adult around.Which of the following is true?

Correct Answer
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C

Courts usually award punitive damages in cases in which the offender has committed ______.

Correct Answer
verified

Actual cause is also known as ______.

Correct Answer
verified

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?

Correct Answer
verified

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Correct Answer
verified

Billy,the diver who had damaged equipment because of the shark incident wants to sue Mike for damages.Which of the following is the most likely result?

Correct Answer
verified

Which of the following was the result in District of Columbia v.Wayne Singleton,the case in the text involving whether the doctrine of res ipsa loquitur applied to a negligence action involving a single-vehicle accident?

Correct Answer
verified

Define the term "res ipsa loquitur" and set forth what a plaintiff must demonstrate in order rely upon that doctrine.

Which of the following occurs when a plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior?

Correct Answer
verified

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages,with no requirement that the defendant be more than 50% at fault?

Correct Answer
verified
D

Which of the following is sometimes referred to as "but for" causation?

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

Correct Answer
verified

In reference to the case in the text,Ex Parte Emmette L.Barran,III,what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Correct Answer
verified

Exam 9: Negligence and Strict Liability

Which of the following is true regarding whether Mike is liable for the injuries Sam sustained in coming to the rescue of the divers in distress?

Correct AnswerverifiedShow Answer

To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Correct AnswerverifiedShow Answer

According to the pure comparative negligence defense,a defendant must be more than 50% at fault before the plaintiff can recover.

Correct AnswerverifiedShow Answer

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In some situations,the law specifies the duty of care one individual owes to another.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

While driving her car down the street,Susan sees a child playing near the road with no adult around.Which of the following is true?

Correct AnswerverifiedC

Courts usually award punitive damages in cases in which the offender has committed ______.

Correct AnswerverifiedShow Answer

Actual cause is also known as ______.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Correct AnswerverifiedShow Answer

Billy,the diver who had damaged equipment because of the shark incident wants to sue Mike for damages.Which of the following is the most likely result?

Correct AnswerverifiedShow Answer

Which of the following was the result in District of Columbia v.Wayne Singleton,the case in the text involving whether the doctrine of res ipsa loquitur applied to a negligence action involving a single-vehicle accident?

Correct AnswerverifiedShow Answer

Define the term "res ipsa loquitur" and set forth what a plaintiff must demonstrate in order rely upon that doctrine.

Which of the following occurs when a plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior?

Correct AnswerverifiedShow Answer

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages,with no requirement that the defendant be more than 50% at fault?

Correct AnswerverifiedD

Which of the following is sometimes referred to as "but for" causation?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In reference to the case in the text,Ex Parte Emmette L.Barran,III,what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Correct AnswerverifiedShow Answer

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C

Correct Answer
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D

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