Question 1

When negligence per se applies,the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

Accepted Answer

A) True 
 B)False

Question 2

Assume Bob,who had no notice of any heart problem,is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process.Which of the following is true?

Accepted Answer

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

Question 3

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 guiltyF) A) and B)
G) C) and E)

Question 4

In most states,proximate cause is determined by _______.

Accepted Answer

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

Question 5

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.F) All of the above
G) C) and D)

Question 6

Assume a jurisdiction has a law that all residential swimming pools must have a fence that is at least six feet tall surrounding the swimming pool.Cindy has a pool in her backyard; but it was built only a few months ago,and Cindy has not had the extra money with which to build the fence.Unfortunately,one of the neighborhood children goes swimming in the pool and drowns.The parents of the child sue Cindy.Discuss how they would likely go about proving their case and the elements that would be required.

Accepted Answer

The parents would likely rely on the doc...

Question 7

Identify and explain the elements of negligence.

Accepted Answer

The elements along with definitions are ...

Question 8

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

Question 9

Which of the following occurs when a plaintiff implicitly assumes a known risk?

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) B) and D)
G) C) and D)

Question 10

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

Question 11

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

Exam 9: Negligence and Strict Liability

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

Correct Answer
verified

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

Correct Answer
verified

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Correct Answer
verified

In most states,proximate cause is determined by _______.

Correct Answer
verified

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

Correct Answer
verified

Which of the following is true regarding contributory negligence?

Correct Answer
verified

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.

Correct Answer
verified

Identify and explain the elements of negligence.

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

Correct Answer
verified
The parents would likely rely on the doc...
View Answer

When negligence per se applies,the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

Correct Answer
verified

Assume Bob,who had no notice of any heart problem,is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process.Which of the following is true?

Correct Answer
verified

Exam 9: Negligence and Strict Liability

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Correct AnswerverifiedShow Answer

In most states,proximate cause is determined by _______.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is true regarding contributory negligence?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Identify and explain the elements of negligence.

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

Correct AnswerverifiedThe parents would likely rely on the doc...View AnswerShow Answer

When negligence per se applies,the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

Correct AnswerverifiedShow Answer

Assume Bob,who had no notice of any heart problem,is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process.Which of the following is true?

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

Correct Answer
verified
The parents would likely rely on the doc...
View Answer

Correct Answer
verified

Correct Answer
verified