Question 1

What effect does the rule of res ipsa loquitur have in a negligence case?

Accepted Answer

A) It creates a rebuttable presumption of breach of duty. 
B) It creates a non-rebuttable presumption of causation. 
C) It results in strict liability of the defendant. 
D) It results in strict liability of the plaintiff. 
A) It creates a rebuttable presumption of breach of duty. 
B) It creates a non-rebuttable presumption of causation. 
C) It results in strict liability of the defendant. 
D) It results in strict liability of the plaintiff.

Question 2

Which of the following is NOT an element of a negligence claim?

Accepted Answer

A) The defendant owed a duty of care to the plaintiff. 
B) There were substantial monetary damages due to the actions of the defendant. 
C) The defendant committed a breach of a duty he owed to the plaintiff. 
D) The breach committed by the defendant was the actual and proximate cause of injury to the plaintiff. 
A) The defendant owed a duty of care to the plaintiff. 
B) There were substantial monetary damages due to the actions of the defendant. 
C) The defendant committed a breach of a duty he owed to the plaintiff. 
D) The breach committed by the defendant was the actual and proximate cause of injury to the plaintiff.

Question 3

The ________ test provides that the defendant's conduct is the actual cause of the plaintiff's injury when the plaintiff would not have been hurt if not for the defendant's breach of duty.

Accepted Answer

A) but-for 
B) zone of danger 
C) substantial factor 
D) impact 
A) but-for 
B) zone of danger 
C) substantial factor 
D) impact

Question 4

Negligent defendants are never liable for the consequences of an unforeseeable intervening cause.

Accepted Answer

A) True 
 B)False

Question 5

A defendant who is negligent is not liable for the unlikely or unforeseeable harm that results.This concept is called:

Accepted Answer

A) proximate cause. 
B) distal cause. 
C) just cause. 
D) the "but for" rule. 
A) proximate cause. 
B) distal cause. 
C) just cause. 
D) the "but for" rule.

Question 6

Negligence is conduct by an individual that falls below the reasonably necessary levels to protect others from the risk of harm.

Accepted Answer

A) True 
 B)False

Question 7

Jack had taken his girlfriend Jenny on a long drive.While driving on the highway,he suddenly had a severe headache and lost control of the car.They collided with a passing car.The doctor had previously warned Jack that he has a brain tumor,due to which he would experience occasional pains.Jenny sued Jack for negligence.Will she succeed?

Accepted Answer

A) Yes,because Jack could reasonably foresee severe pain,which might lead to accidents. 
B) No,because Jack did not intend to cause an accident. 
C) Yes,because Jack caused the accident. 
D) No,because she should have sued the driver of the passing car which hit them. 
A) Yes,because Jack could reasonably foresee severe pain,which might lead to accidents. 
B) No,because Jack did not intend to cause an accident. 
C) Yes,because Jack caused the accident. 
D) No,because she should have sued the driver of the passing car which hit them.

Question 8

Jill voluntarily uses Joe's lawn mower,even though Joe had told her that his mower frequently fails and can even cause accidents.In case of an accident,Joe has the defense of:

Accepted Answer

A) contributory negligence. 
B) assumption of risk. 
C) comparative negligence. 
D) comparative fault. 
A) contributory negligence. 
B) assumption of risk. 
C) comparative negligence. 
D) comparative fault.

Question 9

In a strict liability case,the plaintiff must prove that the defendant breached a duty.

Accepted Answer

A) True 
 B)False

Question 10

Questions of proximate cause assume the existence of ________.

Accepted Answer

A) intervening cause 
B) strict liability 
C) actual cause 
D) comparative fault 
A) intervening cause 
B) strict liability 
C) actual cause 
D) comparative fault

Question 11

Which of the following parties enters the land without its possessor's consent and without any other privilege?

Accepted Answer

A) Invitees 
B) Trespassers 
C) Guests 
D) Licensees 
A) Invitees 
B) Trespassers 
C) Guests 
D) Licensees

Question 12

What are the strategies followed by the tort reform movement?

Accepted Answer

The tort reform movement since the mid-1

Question 13

Which of the following parties enter a property with the possessor's consent,but for his/her own purpose?

Accepted Answer

A) Licensee 
B) Trespasser 
C) Invitee 
D) Attendee 
A) Licensee 
B) Trespasser 
C) Invitee 
D) Attendee

Question 14

Strict liability makes people liable irrespective of their fault.What can justify this? That is,what is the standard rationale for strict liability?

Accepted Answer

The imposition of strict liability is a

Question 15

A legal theory that imposes liability even if the defendant acts with all reasonable care and caution is called:

Accepted Answer

A) assumption of risk. 
B) strict liability. 
C) superseding event. 
D) contributory negligence. 
A) assumption of risk. 
B) strict liability. 
C) superseding event. 
D) contributory negligence.

Question 16

Today,a tort reformer is someone who wants to:

Accepted Answer

A) help more injured plaintiffs recover more money. 
B) make tort law more clear,coherent,and rational through uniform legislation. 
C) deal with the "insurance crisis" by limiting plaintiffs' ability to recover damages. 
D) get rid of negligence law and replace it with strict liability. 
A) help more injured plaintiffs recover more money. 
B) make tort law more clear,coherent,and rational through uniform legislation. 
C) deal with the "insurance crisis" by limiting plaintiffs' ability to recover damages. 
D) get rid of negligence law and replace it with strict liability.

Question 17

Which of the following statements about Currie v.Chevron U.S.A. ,Inc. ,the case in the text,is true?

Accepted Answer

A) The gas station attendant committed her own affirmative negligent act separate from her employment with Chevron. 
B) There was a sufficient conflict in the evidence for reasonable minds to differ as to whether the circumstances of that morning would have put the gas station attendant on notice that activating the gas pump would pose an unreasonable risk of harm. 
C) Muhammad's attack was unforeseeable because the Chevron station was in a low crime area and had not been the site of any criminal activity in previous years. 
D) There was no evidence from which the jury could have found that Shukla was aware that Muhammad and Antoine were involved in a serious fight at the Chevron station before she activated the gas pump for Muhammad. 
A) The gas station attendant committed her own affirmative negligent act separate from her employment with Chevron. 
B) There was a sufficient conflict in the evidence for reasonable minds to differ as to whether the circumstances of that morning would have put the gas station attendant on notice that activating the gas pump would pose an unreasonable risk of harm. 
C) Muhammad's attack was unforeseeable because the Chevron station was in a low crime area and had not been the site of any criminal activity in previous years. 
D) There was no evidence from which the jury could have found that Shukla was aware that Muhammad and Antoine were involved in a serious fight at the Chevron station before she activated the gas pump for Muhammad.

Question 18

What property conditions is a possessor of property obligated to warn licensees of?

Accepted Answer

A) Dangerous on-premises conditions that he should reasonably discover 
B) Dangerous on-premises conditions that he knows about 
C) Dangerous on-premises conditions,regardless of whether a licensee is likely to discover them 
D) Dangerous on-premises conditions that the licensee is unlikely to discover 
A) Dangerous on-premises conditions that he should reasonably discover 
B) Dangerous on-premises conditions that he knows about 
C) Dangerous on-premises conditions,regardless of whether a licensee is likely to discover them 
D) Dangerous on-premises conditions that the licensee is unlikely to discover

Question 19

Which personal characteristic ordinarily does not relieve a person from the duty to conform to the usual reasonable person standard?

Accepted Answer

A) Deafness 
B) Infancy 
C) Blindness 
D) Mental deficiency 
A) Deafness 
B) Infancy 
C) Blindness 
D) Mental deficiency

Question 20

Attendees of free public lectures and church services would be classified as:

Accepted Answer

A) trespassers. 
B) licensees. 
C) invitees. 
D) business visitors. 
A) trespassers. 
B) licensees. 
C) invitees. 
D) business visitors.

Exam 7: Negligence and Strict Liability

What effect does the rule of res ipsa loquitur have in a negligence case?

Which of the following is NOT an element of a negligence claim?

The ________ test provides that the defendant's conduct is the actual cause of the plaintiff's injury when the plaintiff would not have been hurt if not for the defendant's breach of duty.

Negligent defendants are never liable for the consequences of an unforeseeable intervening cause.

A defendant who is negligent is not liable for the unlikely or unforeseeable harm that results.This concept is called:

Negligence is conduct by an individual that falls below the reasonably necessary levels to protect others from the risk of harm.

Jill voluntarily uses Joe's lawn mower,even though Joe had told her that his mower frequently fails and can even cause accidents.In case of an accident,Joe has the defense of:

In a strict liability case,the plaintiff must prove that the defendant breached a duty.

Questions of proximate cause assume the existence of ________.

Which of the following parties enters the land without its possessor's consent and without any other privilege?

What are the strategies followed by the tort reform movement?

Which of the following parties enter a property with the possessor's consent,but for his/her own purpose?

Strict liability makes people liable irrespective of their fault.What can justify this? That is,what is the standard rationale for strict liability?

A legal theory that imposes liability even if the defendant acts with all reasonable care and caution is called:

Today,a tort reformer is someone who wants to:

Which of the following statements about Currie v.Chevron U.S.A. ,Inc. ,the case in the text,is true?

What property conditions is a possessor of property obligated to warn licensees of?

Which personal characteristic ordinarily does not relieve a person from the duty to conform to the usual reasonable person standard?

Attendees of free public lectures and church services would be classified as:

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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