Question 1

A landowner's highest duty is owed to licensees.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following acts resulting in injury would be negligence per se?

Accepted Answer

A)  Janet driving 40 mph over the posted speed limit. 
B)  Ted keeping explosives in his private, locked garage without complying with state law regulating the storage of such materials. 
C)  A retailer selling glue containing benzene to a 14-year-old boy in violation of state law. 
D)  All the above acts are negligence per se. 
A)  Janet driving 40 mph over the posted speed limit. 
B)  Ted keeping explosives in his private, locked garage without complying with state law regulating the storage of such materials. 
C)  A retailer selling glue containing benzene to a 14-year-old boy in violation of state law. 
D)  All the above acts are negligence per se. D

Question 3

While hunting,Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush.Under the common law,Adele is liable for Roger's injuries.

Accepted Answer

A) True 
 B)False  False

Question 4

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign.Annette sued Vincent.The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000.Under comparative negligence,the jury should award Annette:

Accepted Answer

A)  $20,000. 
B)  $80,000. 
C)  $100,000. 
D)  nothing. 
A)  $20,000. 
B)  $80,000. 
C)  $100,000. 
D)  nothing.

Question 5

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

Accepted Answer

A)  a licensee; to warn of known dangers. 
B)  an invitee; of reasonable care. 
C)  a social guest; only to avoid intentionally injuring him. 
D)  none of the above. 
A)  a licensee; to warn of known dangers. 
B)  an invitee; of reasonable care. 
C)  a social guest; only to avoid intentionally injuring him. 
D)  none of the above.

Question 6

List and discuss the elements necessary to establish negligence.

Accepted Answer

For there to be a successful lawsuit for

Question 7

Tort law is not concerned with how to respond to injury caused by criminals,as this would be addressed by criminal law.

Accepted Answer

A) True 
 B)False

Question 8

Palsgraf v.Long Island Railroad Co.addressed the issue of furnishing alcohol to minors.

Accepted Answer

A) True 
 B)False

Question 9

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

Accepted Answer

A)  The "reasonable person" standard does not apply to Laura since she is an extraordinary person. 
B)  Both Laura's and Randy's conduct will be based on the "reasonable person" standard. 
C)  The "reasonable person" standard does not apply to Randy since he is mentally impaired. 
D)  The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low). 
A)  The "reasonable person" standard does not apply to Laura since she is an extraordinary person. 
B)  Both Laura's and Randy's conduct will be based on the "reasonable person" standard. 
C)  The "reasonable person" standard does not apply to Randy since he is mentally impaired. 
D)  The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low).

Question 10

Due to dram shop laws,commercial establishments that serve alcohol bear some liability for injuries caused by their intoxicated patrons.

Accepted Answer

A) True 
 B)False

Question 11

In a negligence case,the plaintiff must establish:

Accepted Answer

A)  duty, strict liability, causation, and injury. 
B)  mens rea, breach, foreseeable harm, and injury. 
C)  duty, actus reus, foreseeable harm, and causation. 
D)  duty of due care, breach, causation, foreseeable harm, and injury. 
A)  duty, strict liability, causation, and injury. 
B)  mens rea, breach, foreseeable harm, and injury. 
C)  duty, actus reus, foreseeable harm, and causation. 
D)  duty of due care, breach, causation, foreseeable harm, and injury.

Question 12

Kelley went ice skating on a neighbor's pond,but she fell through a thin area into icy waters.Kelley did not have permission to be on the property,and the neighbor did not even know that she was there.Is the neighbor liable for Kelley's injuries?

Accepted Answer

A)  Yes. The neighbor should have posted "thin ice" notices. 
B)  No. Kelley was a trespasser and the neighbor could only be held liable for intentionally injuring her or for gross misconduct. 
C)  It may depend on Kelley's age. 
D)  Yes, the neighbor is strictly liable. 
A)  Yes. The neighbor should have posted "thin ice" notices. 
B)  No. Kelley was a trespasser and the neighbor could only be held liable for intentionally injuring her or for gross misconduct. 
C)  It may depend on Kelley's age. 
D)  Yes, the neighbor is strictly liable.

Question 13

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Accepted Answer

A) True 
 B)False

Question 14

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

Accepted Answer

A) True 
 B)False

Question 15

If a court applies res ipsa loquitur:

Accepted Answer

A)  the plaintiff needs to prove the case by a preponderance of the evidence. 
B)  the plaintiff must prove the case by clear and convincing evidence. 
C)  the defendant has the burden of proving he or she is not liable. 
D)  the defendant is strictly liable. 
A)  the plaintiff needs to prove the case by a preponderance of the evidence. 
B)  the plaintiff must prove the case by clear and convincing evidence. 
C)  the defendant has the burden of proving he or she is not liable. 
D)  the defendant is strictly liable.

Question 16

If the law denies all liability for harm done by tortious or criminal activity,no one will have to pay for the harm.

Accepted Answer

A) True 
 B)False

Question 17

Discuss the concepts of contributory negligence and comparative negligence.

Accepted Answer

Contributory negligence is a defense tha

Question 18

One morning,Miles placed a thumbtack on the chair of the office manager where he worked.He had no quarrel with the office manager,but thought this would be funny.Two days after sitting on the tack,the office manager was hospitalized with an infection caused by the tack.Which of the following is correct?

Accepted Answer

A)  Miles actions were negligent. 
B)  No tort has been committed. 
C)  Miles committed an intentional tort. 
D)  Miles is strictly liable. 
A)  Miles actions were negligent. 
B)  No tort has been committed. 
C)  Miles committed an intentional tort. 
D)  Miles is strictly liable.

Question 19

Silas asks his friend Shelby to come to his property to go fishing at his pond.If he fails to warn her that the dock has a rotten spot and she falls through and is injured,Silas would be held liable in most states.

Accepted Answer

A) True 
 B)False

Question 20

The Supreme Court of California in Wiener v.Southcoast Childcare Centers,Inc.:

Accepted Answer

A)  ruled that it did not matter whether the driver of the vehicle acted negligently or with criminal intent, the risk of harm from an unsafe fence was the same and defendants had a duty to make the fence stronger. 
B)  required application of a different standard for third-party criminal acts versus acts of ordinary negligence. 
C)  determined that foreseeability was not at issue in this case. 
D)  placed importance on the fact that the child care facility had been the target of violence in the past. 
A)  ruled that it did not matter whether the driver of the vehicle acted negligently or with criminal intent, the risk of harm from an unsafe fence was the same and defendants had a duty to make the fence stronger. 
B)  required application of a different standard for third-party criminal acts versus acts of ordinary negligence. 
C)  determined that foreseeability was not at issue in this case. 
D)  placed importance on the fact that the child care facility had been the target of violence in the past.

Exam 7: Negligence And Strict Liability

A landowner's highest duty is owed to licensees.

Which of the following acts resulting in injury would be negligence per se?

While hunting,Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush.Under the common law,Adele is liable for Roger's injuries.

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

List and discuss the elements necessary to establish negligence.

Tort law is not concerned with how to respond to injury caused by criminals,as this would be addressed by criminal law.

Palsgraf v.Long Island Railroad Co.addressed the issue of furnishing alcohol to minors.

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

Due to dram shop laws,commercial establishments that serve alcohol bear some liability for injuries caused by their intoxicated patrons.

In a negligence case,the plaintiff must establish:

Kelley went ice skating on a neighbor's pond,but she fell through a thin area into icy waters.Kelley did not have permission to be on the property,and the neighbor did not even know that she was there.Is the neighbor liable for Kelley's injuries?

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

If a court applies res ipsa loquitur:

If the law denies all liability for harm done by tortious or criminal activity,no one will have to pay for the harm.

Discuss the concepts of contributory negligence and comparative negligence.

Silas asks his friend Shelby to come to his property to go fishing at his pond.If he fails to warn her that the dock has a rotten spot and she falls through and is injured,Silas would be held liable in most states.

The Supreme Court of California in Wiener v.Southcoast Childcare Centers,Inc.:

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A customer in a restaurant would be considered to whom the restaurant owner owes a duty .