Question 1

The defense of contributory negligence has been abolished by those states that have adopted:

Accepted Answer

A)  stricter requirements for proving negligence. 
B)  no-fault reform statutes. 
C)  assumption of risk as an affirmative defense. 
D)  the comparative fault doctrine. 
A)  stricter requirements for proving negligence. 
B)  no-fault reform statutes. 
C)  assumption of risk as an affirmative defense. 
D)  the comparative fault doctrine. C

Question 2

A statute of limitations ordinarily begins to run against a cause of action at the time the cause of action accrues.

Accepted Answer

A) True 
 B)False  True

Question 3

DEFINE
-accord and satisfaction

Accepted Answer

A type of release that arises out of the parties' decision to replace their former agreement (contract) with a new agreement, called an accord, which, if fully performed, constitutes a satisfaction of the prior contract or obligation.

Question 4

The injury caused by a civil assault for which damages are recoverable is based upon mental or emotional suffering.

Accepted Answer

A) True 
 B)False

Question 5

If a bank brings an action against the defendant to enforce the repayment of a loan of money (action on a promissory note), may the defendant avoid the cause of action by showing that at the time he took the loan he was under an economic duress and the plaintiff bank took advantage of the situation?

Accepted Answer

No. The affirmative defense of duress ap

Question 6

Does Rule 8(c) contain a complete list of all affirmative defenses?

Accepted Answer

No. Rule 8(c) merely

Question 7

Every cause of action is subject to a particular statute of limitations.

Accepted Answer

A) True 
 B)False

Question 8

DEFINE
-insufficiency of process

Accepted Answer

A failure to follow

Question 9

Consent is an affirmative defense to a claim based upon trespass to the plaintiff's real estate.

Accepted Answer

A) True 
 B)False

Question 10

DEFINE
-release

Accepted Answer

A contract by which a person r

Question 11

DEFINE
-consent

Accepted Answer

A complete affirmative defense to most t

Question 12

An affirmative defense overcomes the claim even though the claim is true and fully proven.

Accepted Answer

A) True 
 B)False

Question 13

When does a cause of action accrue?

Accepted Answer

A cause of action in tort occu

Question 14

Contributory negligence is an affirmative defense to an action for battery to the plaintiff's person.

Accepted Answer

A) True 
 B)False

Question 15

DEFINE
-statute of limitations

Accepted Answer

A statute that limits the time during wh

Question 16

Describe the basis for applying the res judicata doctrine as a bar to the plaintiff's lawsuit.

Accepted Answer

Res judicata applies to bar a

Question 17

Does a release have to be in writing to be valid and enforceable and used as an affirmative defense?

Accepted Answer

No. A release only has to meet the requi

Question 18

An award received through arbitration may be enforced through a court by having the award confirmed by the court.

Accepted Answer

A) True 
 B)False

Question 19

An affirmative defense that is not raised in the defendant's answer or in a motion is waived.

Accepted Answer

A) True 
 B)False

Question 20

Most affirmative defenses must be proven:

Accepted Answer

A)  by clear and convincing evidence. 
B)  beyond a reasonable doubt. 
C)  by a preponderance of the evidence. 
D)  by prima facie evidence. 
A)  by clear and convincing evidence. 
B)  beyond a reasonable doubt. 
C)  by a preponderance of the evidence. 
D)  by prima facie evidence.

Exam 5: Affirmative Defenses

The defense of contributory negligence has been abolished by those states that have adopted:

A statute of limitations ordinarily begins to run against a cause of action at the time the cause of action accrues.

DEFINE -accord and satisfaction

The injury caused by a civil assault for which damages are recoverable is based upon mental or emotional suffering.

Does Rule 8(c) contain a complete list of all affirmative defenses?

Every cause of action is subject to a particular statute of limitations.

DEFINE -insufficiency of process

Consent is an affirmative defense to a claim based upon trespass to the plaintiff's real estate.

DEFINE -release

DEFINE -consent

An affirmative defense overcomes the claim even though the claim is true and fully proven.

When does a cause of action accrue?

Contributory negligence is an affirmative defense to an action for battery to the plaintiff's person.

DEFINE -statute of limitations

Describe the basis for applying the res judicata doctrine as a bar to the plaintiff's lawsuit.

Does a release have to be in writing to be valid and enforceable and used as an affirmative defense?

An award received through arbitration may be enforced through a court by having the award confirmed by the court.

An affirmative defense that is not raised in the defendant's answer or in a motion is waived.

Most affirmative defenses must be proven:

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters