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


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) Both mental and physical capabilities are taken into account in determining whether a defendant is negligent.

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

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A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

A) True
B) False

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Which of the following damages are intended to reimburse a plaintiff for his or her losses?


A) Compensatory.
B) Punitives.
C) Nominal.
D) Exemplary.
E) Quantum.

F) A) and E)
G) A) and D)

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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?


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

F) B) and C)
G) C) and E)

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


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.

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

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Which of the following are elements of causation?


A) Actual cause and proximate cause.
B) Actual cause and significant cause.
C) Actual cause and clear cause.
D) Proximate cause and significant cause.
E) Proximate cause and real cause.

F) A) and E)
G) A) and D)

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Strict liability is liability without fault.

A) True
B) False

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Which of the following is true regarding the bank's claim that it should be able to recover under the res ipsa loquitur doctrine?


A) The bank is correct because under that doctrine defendants are liable for any harm caused.
B) The bank is correct only if Holly has sufficient insurance to cover the bank burning.
C) The bank is correct only if it can be established that Holly was a repeat driving offender.
D) The bank is incorrect because the issue here is causation, not whether there was a lack of due care.
E) The bank is incorrect because res ipsa loquitur is a defense.

F) A) and E)
G) A) and D)

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Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?


A) A surprise event
B) A superseding cause
C) A relative cause
D) An unusual cause
E) Assumption of the risk

F) A) and B)
G) A) and C)

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


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

F) A) and E)
G) A) and C)

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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?


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

F) All of the above
G) A) and B)

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Which of the following is true regarding negligence under South African Law?


A) South Africa's legal system is a combination of selected legal traditions involving Roman, Dutch, and French law, but not German law.
B) Under South African law, individuals can be found negligent in only one way, through failing to exercise reasonable care.
C) South African law models the law of the U.S. and is substantially the same.
D) South African law refuses to recognize sudden emergency as a standard for determining negligence in crisis situations.
E) South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.

F) A) and E)
G) B) and E)

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Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?


A) Good Samaritan statutes.
B) Aid to others statutes.
C) Rescue statutes.
D) Freedom statutes.
E) All clear statutes.

F) A) and B)
G) B) and E)

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In District of Columbia v.Wayne Singleton,the case in the text involving the single-vehicle bus accident,the court applied the doctrine of res ipsa loquitur because a single-vehicle accident is a type that does not normally occur in the absence of negligence.

A) True
B) False

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


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

F) B) and C)
G) A) and E)

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Which of the following is liability without fault?


A) Negligence.
B) Assumption of the risk.
C) Strict liability.
D) Storekeeper liability.
E) Homeowner liability.

F) A) and B)
G) D) and E)

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Why are punitive damages awarded?


A) Only to punish the offender.
B) Only to deter others from committing similar offenses.
C) Only to reimburse a plaintiff for his or her losses.
D) To punish the offender and to deter others from committing similar offenses.
E) To punish the offender, to deter others from committing similar offenses, and to reimburse a plaintiff for his or her losses.

F) B) and E)
G) A) and E)

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


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

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

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Which of the following must the defendant prove in order to rely upon the defense of contributory negligence?


A) Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm.
B) Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury.
C) Only that the plaintiff violated the last-clear-chance doctrine.
D) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
E) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm; that the plaintiff's failure was a contributing cause to the plaintiff's injuries; and also that the plaintiff failed to abide by the last-clear-chance doctrine.

F) C) and E)
G) A) and D)

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Which of the following is most likely true regarding whether Holly is the proximate cause of the bank burning?


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.

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

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