Question 1

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

Question 2

What is the intent of the family purpose doctrine?

Accepted Answer

A) to impose liability on children for the care of elderly parents 
B) to impose liability on the owner of an automobile for the negligence of immediate family members operating the automobile 
C) to impose liability on a parent for any negligence caused by a child 
D) to impose strict liability on the owner of a wild animal for any injuries caused by the animal 
A) to impose liability on children for the care of elderly parents 
B) to impose liability on the owner of an automobile for the negligence of immediate family members operating the automobile 
C) to impose liability on a parent for any negligence caused by a child 
D) to impose strict liability on the owner of a wild animal for any injuries caused by the animal

Question 3

Under certain conditions,the wrongful acts of one person can be attributed to another person.This practice is called

Accepted Answer

A) imputed negligence. 
B) mediation. 
C) comparative negligence. 
D) strict liability. 
A) imputed negligence. 
B) mediation. 
C) comparative negligence. 
D) strict liability.

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

Under common law,which of the following persons is most likely to be classified as an invitee?

Accepted Answer

A) a mail carrier 
B) a social guest 
C) a door-to-door salesperson 
D) a solicitor for a charitable organization 
A) a mail carrier 
B) a social guest 
C) a door-to-door salesperson 
D) a solicitor for a charitable organization

Question 10

Failure to exercise the degree of care required by law to protect others from harm is called

Accepted Answer

A) premeditated liability. 
B) vicarious liability. 
C) punitive damages. 
D) negligence. 
A) premeditated liability. 
B) vicarious liability. 
C) punitive damages. 
D) negligence.

Question 11

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

Question 12

Under state workers compensation programs,employers may not use common law defenses to defend against claims of workers who are injured on the job.In such cases,proof of a worker's injury is proof of responsibility of the employer.Because of this characteristic,workers compensation is an example of

Accepted Answer

A) personal injury. 
B) absolute liability. 
C) comparative negligence. 
D) tort liability. 
A) personal injury. 
B) absolute liability. 
C) comparative negligence. 
D) tort liability.

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. 
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

The doctrine of respondeat superior applies to a(n)

Accepted Answer

A) parent's liability for a negligent child. 
B) pet owner's liability for the pet. 
C) employer's liability for a negligent employee. 
D) manufacturer's liability for a faulty product. 
A) parent's liability for a negligent child. 
B) pet owner's liability for the pet. 
C) employer's liability for a negligent employee. 
D) manufacturer's liability for a faulty product.

Question 15

Which of the following is an intentional tort?

Accepted Answer

A) slander 
B) negligence 
C) strict liability 
D) murder 
A) slander 
B) negligence 
C) strict liability 
D) murder

Question 16

All of the following are elements of negligence EXCEPT

Accepted Answer

A) the ability to pay damages. 
B) the failure to perform a legal duty to use reasonable care. 
C) damages or injuries to a claimant. 
D) proximate cause between the negligent act and the injury or harm that occurs. 
A) the ability to pay damages. 
B) the failure to perform a legal duty to use reasonable care. 
C) damages or injuries to a claimant. 
D) proximate cause between the negligent act and the injury or harm that occurs.

Question 17

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

Question 18

Bruce believes a local manufacturer is responsible for contaminating some land he owns.He filed suit against the company.Rather than have the case go to court,the manufacturing company's legal team suggested mediation or arbitration to settle the case.Methods that are employed to resolve legal disputes without litigation,such as mediation,are called

Accepted Answer

A) collateral source rules. 
B) alternative dispute resolution techniques. 
C) joint and several liability techniques. 
D) comparative negligence rules. 
A) collateral source rules. 
B) alternative dispute resolution techniques. 
C) joint and several liability techniques. 
D) comparative negligence rules.

Question 19

Congress passed the Sarbanes-Oxley Act to address which of the following problems?

Accepted Answer

A) deficiencies in the tort liability system 
B) corporate fraud and lax corporate governance 
C) inefficiencies in state regulation of the insurance industry 
D) inadequate availability of certain insurance coverages 
A) deficiencies in the tort liability system 
B) corporate fraud and lax corporate governance 
C) inefficiencies in state regulation of the insurance industry 
D) inadequate availability of certain insurance coverages

Question 20

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. 
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.

Exam 19: The Liability Risk

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

What is the intent of the family purpose doctrine?

Under certain conditions,the wrongful acts of one person can be attributed to another person.This practice is called

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.

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?

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

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

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?

Under common law,which of the following persons is most likely to be classified as an invitee?

Failure to exercise the degree of care required by law to protect others from harm is called

Under state workers compensation programs,employers may not use common law defenses to defend against claims of workers who are injured on the job.In such cases,proof of a worker's injury is proof of responsibility of the employer.Because of this characteristic,workers compensation is an example of

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

The doctrine of respondeat superior applies to a(n)

Which of the following is an intentional tort?

All of the following are elements of negligence EXCEPT

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

Congress passed the Sarbanes-Oxley Act to address which of the following problems?

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

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