Question 1

Which of the following is not an example of a business visitor?

Accepted Answer

A) Attendees of a free public lecture 
B) Customers 
C) Delivery persons 
D) Patrons 
A) Attendees of a free public lecture 
B) Customers 
C) Delivery persons 
D) Patrons

Question 2

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action.This exception reflects the consideration of ________ in a negligence case.

Accepted Answer

A) personal characteristics 
B) context 
C) special duties 
D) deliberateness 
A) personal characteristics 
B) context 
C) special duties 
D) deliberateness

Question 3

Many courts no longer distinguish between licensees and invitees.

Accepted Answer

A) True 
 B)False

Question 4

In some states,social guests are classified as licensees.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following refers to a bodily injury that can be recovered in a negligence action?

Accepted Answer

A) Personal Injury 
B) Contract Injury 
C) Future damages 
D) Consequential damages 
A) Personal Injury 
B) Contract Injury 
C) Future damages 
D) Consequential damages

Question 6

________ is the plaintiff's voluntary consent to a known danger.

Accepted Answer

A) Contributory negligence 
B) Assumption of risk 
C) Comparative negligence 
D) Negligence per se 
A) Contributory negligence 
B) Assumption of risk 
C) Comparative negligence 
D) Negligence per se

Question 7

State X has a "Sunday Closing Law" making it a crime to operate a retail business on Sundays.The law's legislative history reveals that it was enacted to promote respect for the Sabbath by all the people of the state,and thus to promote public decency and morality.One Sunday,Judy Smith slips on a puddle of spilled soft drink at Joe's Hamburger joint (which is operating in violation of the statute),and suffers an injury to her spine.The soft drink would not have been spilled if the store had not been open on Sunday.Judy sues Joe in negligence.One part of her complaint relies on the doctrine of negligence per se.Under the doctrine of negligence per se:

Accepted Answer

A) Judy will recover because the spilled drink posed a reasonably foreseeable risk of harm,and Joe failed to eliminate that risk. 
B) Judy will recover because Joe violated the Sunday Closing Law. 
C) Judy will not recover because she was not within the class of persons intended to be protected by the statute. 
D) Judy will not recover because she did not suffer harm of a kind that the statute was intended to protect against. 
A) Judy will recover because the spilled drink posed a reasonably foreseeable risk of harm,and Joe failed to eliminate that risk. 
B) Judy will recover because Joe violated the Sunday Closing Law. 
C) Judy will not recover because she was not within the class of persons intended to be protected by the statute. 
D) Judy will not recover because she did not suffer harm of a kind that the statute was intended to protect against.

Question 8

The owner of a theatre negligently failed to install the requisite number of emergency exits. During a showing of Shakespeare's Macbeth,one of the intoxicated viewers got carried away and burned himself.The entire hall was ablaze.There was only one emergency exit.Thus,many people were killed in the stampede.Will the theatre owner be liable for negligence?

Accepted Answer

A) No,because the intervening cause of an intoxicated viewer burning himself absolves the theatre owner's liability. 
B) No,because the viewer's reaction was completely unforeseeable by any reasonable man of ordinary prudence. 
C) Yes,because the harm was foreseeable and the owner cannot escape his liability. 
D) Yes,because though the harm was unforeseeable,the owner still cannot escape his breach of duty. 
A) No,because the intervening cause of an intoxicated viewer burning himself absolves the theatre owner's liability. 
B) No,because the viewer's reaction was completely unforeseeable by any reasonable man of ordinary prudence. 
C) Yes,because the harm was foreseeable and the owner cannot escape his liability. 
D) Yes,because though the harm was unforeseeable,the owner still cannot escape his breach of duty.

Question 9

Under the legal theory of negligence,each person must act as a reasonable person of ordinary prudence.

Accepted Answer

A) True 
 B)False

Question 10

The doctrine of res ipsa loquitur means "the thing speaks for others."

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is false regarding the reasonable person test?

Accepted Answer

A) The reasonable person test applies even if the defendant did not owe the plaintiff a duty of reasonable care. 
B) The reasonable person test is an objective test. 
C) The reasonable person test compares the defendant's actions with those that a hypothetical person with ordinary prudence and sensibilities would have taken (or not taken)under the circumstances. 
D) The reasonable person test is flexible and is determined on a case-by-case basis. 
A) The reasonable person test applies even if the defendant did not owe the plaintiff a duty of reasonable care. 
B) The reasonable person test is an objective test. 
C) The reasonable person test compares the defendant's actions with those that a hypothetical person with ordinary prudence and sensibilities would have taken (or not taken)under the circumstances. 
D) The reasonable person test is flexible and is determined on a case-by-case basis.

Question 12

The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior.

Accepted Answer

A) True 
 B)False

Question 13

The most important example of strict liability principles in modern legislation is:

Accepted Answer

A) Road safety legislations 
B) Environmental acts 
C) Disabilities acts 
D) Workers' compensation acts 
A) Road safety legislations 
B) Environmental acts 
C) Disabilities acts 
D) Workers' compensation acts

Question 14

Which of the following personal traits or conditions will not change the normal reasonable person standard to which defendants are subject?

Accepted Answer

A) Blindness 
B) Deafness 
C) Voluntary intoxication 
D) Infancy 
A) Blindness 
B) Deafness 
C) Voluntary intoxication 
D) Infancy

Question 15

Homer's negligence caused an automobile accident with Bart.As a result of the collision,Bart's car collides with a telephone pole,causing the pole to fall.The falling pole then takes out some electrical power lines.The resulting power outage leaves Patty without any light in her apartment.As she fumbles in the darkness,she trips over her cat,falls,and is injured.Patty sues Homer.In order to avoid liability,Homer's best defense is that:

Accepted Answer

A) there is no actual cause between the negligence and the injury. 
B) there is no proximate cause between the breach of duty and the injury. 
C) Bart's car was the one that collided with the telephone pole. 
D) the electrical power lines should not have fallen under the force of a car. 
A) there is no actual cause between the negligence and the injury. 
B) there is no proximate cause between the breach of duty and the injury. 
C) Bart's car was the one that collided with the telephone pole. 
D) the electrical power lines should not have fallen under the force of a car.

Question 16

Generally,property owners do not owe a duty of care to trespassers who regularly enter the land without authorization.

Accepted Answer

A) True 
 B)False

Question 17

Don starts a fire that soon consumes Paula's trailer.Don did not know that the trailer was occupied and had no reason to know this,but it was.After rushing into the trailer to save her child,Paula is severely burned.Paula sues Don in negligence.Assuming that Don has breached a duty,what two arguments might he make in defense? Assume that the traditional negligence defenses apply.Will these arguments work here?

Accepted Answer

Don can argue: (1)no proximate cause (be

Question 18

If an individual can foresee that his/her actions will cause a risk of harm to another,then the individual has a duty to protect that other person from harm.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is a court least likely to label as an abnormally dangerous activity?

Accepted Answer

A) Transporting large quantities of gasoline by truck 
B) Crop dusting 
C) Stunt flying 
D) Blasting 
A) Transporting large quantities of gasoline by truck 
B) Crop dusting 
C) Stunt flying 
D) Blasting

Question 20

Negligence "per se" is a legal rule that establishes a defendant's negligence when:

Accepted Answer

A) a statute intended to protect persons like the plaintiff has been violated. 
B) the defendant intended to harm the plaintiff. 
C) the plaintiff intended to harm the defendant. 
D) both the defendant and the plaintiff intended to harm each other. 
A) a statute intended to protect persons like the plaintiff has been violated. 
B) the defendant intended to harm the plaintiff. 
C) the plaintiff intended to harm the defendant. 
D) both the defendant and the plaintiff intended to harm each other.

Exam 7: Negligence and Strict Liability

Which of the following is not an example of a business visitor?

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action.This exception reflects the consideration of ________ in a negligence case.

Many courts no longer distinguish between licensees and invitees.

In some states,social guests are classified as licensees.

Which of the following refers to a bodily injury that can be recovered in a negligence action?

________ is the plaintiff's voluntary consent to a known danger.

Under the legal theory of negligence,each person must act as a reasonable person of ordinary prudence.

The doctrine of res ipsa loquitur means "the thing speaks for others."

Which of the following is false regarding the reasonable person test?

The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior.

The most important example of strict liability principles in modern legislation is:

Which of the following personal traits or conditions will not change the normal reasonable person standard to which defendants are subject?

Generally,property owners do not owe a duty of care to trespassers who regularly enter the land without authorization.

If an individual can foresee that his/her actions will cause a risk of harm to another,then the individual has a duty to protect that other person from harm.

Which of the following is a court least likely to label as an abnormally dangerous activity?

Negligence "per se" is a legal rule that establishes a defendant's negligence when:

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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