Question 1

[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large.The statutes purpose is to protect neighbors of dog owners from potential injury or property damage All dogs are required to be on a leash whenever they are off the owner's premises.Naomie's dog,while not on a leash,gets out of her backyard and goes next door to Pavel's house.Pavel left his gym bag on his back porch,and the dog chews up the bag and all its contents,including Pavel's gym shoes.Another neighbor sees the whole thing happen and informs Pavel.Pavel knows that this isn't the first time the dog has gotten loose and destroyed property,and Naomie has done nothing to warn anyone or prevent the dog from getting loose.
-Which theory will Pavel likely rely on to seek recovery for his damaged property against Naomie?

Accepted Answer

A)  Stare decisis
B)  Negligence per se
C)  Res ipsa loquitur
D)  A fortiori
E)  Actus reusF) B) and C)
G) A) and E)

Question 2

Darryl is jaywalking in a jurisdiction that applies contributory negligence.Slick sees Darryl in the street,notices that he is not in the crosswalk,and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street.Slick does slow down somewhat and only causes Darryl some significant bruising,but Darryl is angry and sues.Which of the following is most likely to happen in a contributory negligence jurisdiction?

Accepted Answer

A)  Darryl 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 Darryl.
B)  Slick will not be held liable because Darryl was contributorily negligent.
C)  Darryl will lose because Slick,at least,reduced his speed.
D)  Darryl will win because of comparative negligence.
E)  Slick will win because of the assumption of risk doctrine based upon the fact that Darryl committed an offense by crossing the street where he did in violation of clearly defined law.F) A) and B)
G) A) and C)

Question 3

Damages in a negligence case refers to ________.

Accepted Answer

A)  A compensable loss suffered by the plaintiff.
B)  The standard of care a reasonable person owes to another.
C)  Actual harm or cause in fact which resulted from a failure to live up to a standard of care.
D)  Legal cause or the extent to which the defendant is held responsible for actions which fall short of the standard of care.
E)  A failure to live up to the standard of care a reasonable person owes to others.F) A) and B)
G) B) and D)

Question 4

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

Accepted Answer

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

Question 5

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Accepted Answer

A)  Negligence per se.
B)  Contributory negligence doctrine.
C)  Res ipsa loquitur.
D)  Last-clear-chance doctrine.
E)  Assumption of the risk doctrine.F) A) and B)
G) D) and E)

Question 6

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 7

Negligent torts involve willfully refusing to exercise extraordinary care to protect another's person or property.

Accepted Answer

A) True 
 B)False

Question 8

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)  Modified risk doctrine.
C)  Modified comparative doctrine.
D)  Last-clear-chance doctrine.
E)  There is no such doctrine.F) C) and D)
G) A) and D)

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Three-quarters of the states remain contributory negligence states.

Accepted Answer

A) True 
 B)False

Question 11

Which is the most difficult part of establishing the defense of assumption of the risk?

Accepted Answer

A)  Showing that the plaintiff signed the contract assuming the risk without duress.
B)  Showing a lack of contributory conduct on the part of other defendants.
C)  Showing that the plaintiff was aware of applicable law.
D)  Showing that the plaintiff assumed the risk of the actual harm suffered.
E)  Showing that the defendant was aware that the plaintiff assumed the risk.F) A) and B)
G) A) and C)

Question 12

Which of the following aids plaintiffs in establishing negligence claims?

Accepted Answer

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

Question 13

Which of the following is not an example of a situation where a duty of care exists.

Accepted Answer

A)  When you hire an employee and know the employee is in a dangerous situation.
B)  When you hit someone with your car and injure the person.
C)  When you are a landowner and invite someone onto your property.
D)  When you are a business owner and customers enter company property.
E)  When you walk by a stranger who is drowning in a lake in your neighborhood.F) B) and D)
G) C) and D)

Question 14

Identify and explain the elements of negligence.

Accepted Answer

The elements along with definitions are ...

Question 15

A teenager plays Grand Theft Auto and runs over people in the game.The teen decides to recreate the game in real life,driving his vehicle up onto the sidewalk and running over two people.The victims pursue a claim against the maker of grand theft auto for negligence,arguing the game makers had a duty of care.Are the victims likely to prevail?

Accepted Answer

A)  Yes because teenagers are impressionable and video game makers have a duty not to expose them to violence.
B)  Yes,because the teen admitted Grand Theft Auto was his inspiration.
C)  No,because courts have consistently found it is not foreseeable that playing certain video games or viewing certain websites would result in murder.
D)  Yes,because studies have shown a link between violent video games and real-life violence.
E)  No,because the game makers were not personally in the car at the time of the incident.F) D) and E)
G) B) and E)

Question 16

The duty that a business owes to customers is best expressed by which of the following statements?

Accepted Answer

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

Question 17

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

Question 18

The severity of potential harm is a factor in determining whether a reasonable person would have owed a duty to others.

Accepted Answer

A) True 
 B)False

Question 19

Claudio,who has never had prior health issues,suddenly has a heart attack while driving.He runs over a student who is crossing the street,breaking her leg.Which of the following is true?

Accepted Answer

A)  The student can recover only if the student can establish that the student did not have any medical insurance.
B)  The student can recover upon a showing of injury.Nothing else is required.
C)  The student can recover in an action for negligence only if it can be shown that Bob had insurance.
D)  It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
E)  The student may recover only if the student can show that the student was in the marked crosswalk.F) A) and B)
G) B) and D)

Question 20

Identify and discuss the two separate elements of causation and how they are applied.

Accepted Answer

The two elements of causation are actual...

Exam 9: Negligence and Strict Liability

Which of the following is not an example of a situation where a duty of care exists.

Correct Answer
verified

Identify and explain the elements of negligence.

Correct Answer
verified
The elements along with definitions are ...
View Answer

Correct Answer
verified

Identify and discuss the two separate elements of causation and how they are applied.

Correct Answer
verified
The two elements of causation are actual...
View Answer

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Correct Answer
verified

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

Correct Answer
verified

Three-quarters of the states remain contributory negligence states.

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

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

Correct Answer
verified

The severity of potential harm is a factor in determining whether a reasonable person would have owed a duty to others.

Correct Answer
verified

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?

Correct Answer
verified

Which is the most difficult part of establishing the defense of assumption of the risk?

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

Negligent torts involve willfully refusing to exercise extraordinary care to protect another's person or property.

Correct Answer
verified

Which of the following aids plaintiffs in establishing negligence claims?

Correct Answer
verified

Correct Answer
verified

The duty that a business owes to customers is best expressed by which of the following statements?

Correct Answer
verified

Damages in a negligence case refers to ________.

Correct Answer
verified

Correct Answer
verified

Claudio,who has never had prior health issues,suddenly has a heart attack while driving.He runs over a student who is crossing the street,breaking her leg.Which of the following is true?

Correct Answer
verified

Exam 9: Negligence and Strict Liability

Which of the following is not an example of a situation where a duty of care exists.

Correct AnswerverifiedShow Answer

Identify and explain the elements of negligence.

Correct AnswerverifiedThe elements along with definitions are ...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Identify and discuss the two separate elements of causation and how they are applied.

Correct AnswerverifiedThe two elements of causation are actual...View AnswerShow Answer

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Three-quarters of the states remain contributory negligence states.

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

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

Correct AnswerverifiedShow Answer

The severity of potential harm is a factor in determining whether a reasonable person would have owed a duty to others.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Which is the most difficult part of establishing the defense of assumption of the risk?

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

Negligent torts involve willfully refusing to exercise extraordinary care to protect another's person or property.

Correct AnswerverifiedShow Answer

Which of the following aids plaintiffs in establishing negligence claims?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The duty that a business owes to customers is best expressed by which of the following statements?

Correct AnswerverifiedShow Answer

Damages in a negligence case refers to ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Claudio,who has never had prior health issues,suddenly has a heart attack while driving.He runs over a student who is crossing the street,breaking her leg.Which of the following is true?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified
The elements along with definitions are ...
View Answer

Correct Answer
verified

Correct Answer
verified
The two elements of causation are actual...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified