Question 1

A duty to act is imposed on those whose innocent conduct has injured another and left him helpless and in danger of further harm.

Accepted Answer

A) True 
 B)False

Question 2

A widely applied test for causation in fact is the "but for" rule.

Accepted Answer

A) True 
 B)False

Question 3

Match each statement with the correct term below.
-venue

Accepted Answer

A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court. 
A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court.

Question 4

Match each statement with the correct term below.
-entrapment

Accepted Answer

A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation. 
A) Mental fault; the mental element of a crime. 
B) A person who enters or remains on the land of another without permission or privilege to do so. 
C) The nonmental elements of a crime, including the wrongful, physical act. 
D) Unauthorized use of a person's name or likeness for one's own benefit. 
E) Liability for nonintentional and nonnegligent conduct.
F)Determines whether there is probable cause.
G)Liability imposed on one for the acts of another.
H)A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
I)Publication of false statements resulting in harm to another's business or monetary interest.
J)The crime of taking the property of one's employer in violation of a trust.
K)The crime of entering a building with the intent to commit a felony.
L)Injury to a person's reputation by the publication of false statements.
M)A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.
N)A serious crime punishable by death or imprisonment in a penitentiary.
O)An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability.
P)The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Q)A crime that is wrong in itself or morally wrong, such as murder.
R)The intentional infliction of harmful or offensive bodily contact.
S)Immunity from tort liability.
T)Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.
U)Purposeful, knowing, or reckless.
V)Intentional exercise of dominion or control over another's personal property.
W)Unreasonable and highly offensive interference with the seclusion of another.
X)A hearing at which the accused is informed of the crime against him and he enters a plea.
Y)Rule that permits the jury to infer both negligent conduct and causation.

Question 5

An action for negligence consists of which of the following elements which the plaintiff must prove?

Accepted Answer

A) Injury. 
B) Res ipsa loquitur. 
C) A reasonable person. 
D) All of the above. 
A) Injury. 
B) Res ipsa loquitur. 
C) A reasonable person. 
D) All of the above.

Question 6

Jack is a trucker who makes his living moving modular homes.This is a dangerous business in that the portions of the houses,when on the truck,are wider than the road lanes.Also,Jack frequently has to travel much more slowly than the other vehicles on the road.One day Jack,on his way to Atlanta with a modular home in tow,found himself approaching two trucks coming from the opposite direction with the words "High Museum Exhibits" on the truck panels.When Jack swerves to avoid a bicyclist,the High Museum truck runs off the road and tumbles down an embankment.No one is harmed,but the painting exhibit being transported is damaged.Discuss the various theories of negligence that might be applied here and why they would be appropriate.

Accepted Answer

The first question that needs to be addr

Question 7

Match each statement with the correct term below.
-procedural law

Accepted Answer

A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. 
A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves.

Question 8

Which of the following is a defense that a defendant could raise in an action based on strict liability?

Accepted Answer

A) The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations. 
B) The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged. 
C) A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten. 
D) All of the above are valid defenses which would be successful if raised by the defendant. 
A) The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations. 
B) The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged. 
C) A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten. 
D) All of the above are valid defenses which would be successful if raised by the defendant.

Question 9

Express voluntary assumption of the risk is a defense to an action based upon strict liability.

Accepted Answer

A) True 
 B)False

Question 10

Match each statement with the correct term below.
-injunction

Accepted Answer

A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. 
A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves.

Question 11

Match each statement with the correct term below.
-distributive justice

Accepted Answer

A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. 
A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves.

Question 12

A principal factor that the courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury is:

Accepted Answer

A) negligence per se. 
B) unforeseeable consequences. 
C) superseding causes. 
D) Both (b) and (c) are correct. 
A) negligence per se. 
B) unforeseeable consequences. 
C) superseding causes. 
D) Both (b) and (c) are correct.

Question 13

The plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest in order to have a valid negligence action.

Accepted Answer

A) True 
 B)False

Question 14

Match each statement with the correct term below.
-federal preemption

Accepted Answer

A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court. 
A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court.

Question 15

Violation of a statute designed to protect underage,unlicensed drivers,as well as innocent third parties,from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from leaving the keys in their car if the car is unattended,is likely to be characterized as:

Accepted Answer

A) negligence per se. 
B) res ipsa loquitur. 
C) contributory negligence. 
D) assumption of risk. 
A) negligence per se. 
B) res ipsa loquitur. 
C) contributory negligence. 
D) assumption of risk.

Question 16

Match each statement with the correct term below.
-directed verdict

Accepted Answer

A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court. 
A) Standard of review applicable to governmental action involving classifications based on race, national origin, or fundamental rights. 
B) The right of the federal government to regulate matters within its power to the exclusion of regulation by the states. 
C) A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision. 
D) Sworn testimony, taken out of court, of the opposing party or other witnesses. 
E) The initial pleading in a case in which the plaintiff states her allegations.
F)Preliminary examination of potential jurors.
G)Authority of more than one court to hear the same case.
H)A judgment against a defendant who fails to respond to a complaint.
I)A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.
J)The pretrial exchange of information between the opposing parties in a lawsuit.
K)Standard of review applicable to regulation affecting gender or legitimacy.
L)Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.
M)Authority of a court to hear a case based on claims against property.
N)Government's power to take private property for public use with payment of just compensation.
O)A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
P)A series of formal, written, responsive statements by each side to a lawsuit.
Q)Division of governing power between the federal government and the states.
R)Final, binding determination on the merits made by a judge before trial.
S)The particular geographical place where a court with jurisdiction may hear a case.
T)Basis for discretionary review by the Supreme Court.

Question 17

Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless,some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cracked corn for the chickens.The chickens died and the neighbor sues.What is the likely result?

Accepted Answer

A) Cal is not liable because he was not negligent in his spraying operation. 
B) Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. 
C) Cal is liable because spraying pesticides is an abnormally dangerous activity. 
D) Cal is not liable for the damage because of contributory negligence. 
A) Cal is not liable because he was not negligent in his spraying operation. 
B) Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. 
C) Cal is liable because spraying pesticides is an abnormally dangerous activity. 
D) Cal is not liable for the damage because of contributory negligence.

Question 18

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

Accepted Answer

A) res ipsa loquitur. 
B) foreseeability. 
C) negligence per se. 
D) assumption of the risk. 
A) res ipsa loquitur. 
B) foreseeability. 
C) negligence per se. 
D) assumption of the risk.

Question 19

Match each statement with the correct term below.
-common law system

Accepted Answer

A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. 
A) The judiciary initiates, conducts, and decides cases. 
B) Part of private law dealing with rights and duties of individuals among themselves. 
C) A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes. 
D) A system of law first developed in England that relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. 
E) Theory that actions must be judged by their motives and means as well as their results.
F)The law establishing duties which, if violated, constitute a wrong against the entire community.
G)A legal obligation requiring a person to perform or refrain from performing an act.
H)A body of law based upon principles distinct from common law and providing remedies not available at law.
I)A court order requiring a party to do or to refrain from doing a specified act.
J)A general legal principle formulated by equity courts.
K)Person who initiates a civil suit.
L)Rules for enforcing substantive law.
M)Theory stressing equality of opportunity rather than results.
N)An equitable remedy rewriting a contract to conform to the original intent of the parties.
O)An equitable remedy invalidating a contract by setting it aside.
P)Theory that moral actions are those that produce the greatest net pleasure compared with net pain.
Q)A court order directing a party to perform a contractual duty.
R)The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.
S)Basic law that creates rights and duties.
T)Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves.

Question 20

If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff,the plaintiff can recover some damages in those states where contributory negligence is still recognized.

Accepted Answer

A) True 
 B)False

Exam 8: Negligence and Strict Liability

A duty to act is imposed on those whose innocent conduct has injured another and left him helpless and in danger of further harm.

A widely applied test for causation in fact is the "but for" rule.

Match each statement with the correct term below. -venue

Match each statement with the correct term below. -entrapment

An action for negligence consists of which of the following elements which the plaintiff must prove?

Match each statement with the correct term below. -procedural law

Which of the following is a defense that a defendant could raise in an action based on strict liability?

Express voluntary assumption of the risk is a defense to an action based upon strict liability.

Match each statement with the correct term below. -injunction

Match each statement with the correct term below. -distributive justice

A principal factor that the courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury is:

The plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest in order to have a valid negligence action.

Match each statement with the correct term below. -federal preemption

Violation of a statute designed to protect underage,unlicensed drivers,as well as innocent third parties,from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from leaving the keys in their car if the car is unattended,is likely to be characterized as:

Match each statement with the correct term below. -directed verdict

Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless,some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cracked corn for the chickens.The chickens died and the neighbor sues.What is the likely result?

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

Match each statement with the correct term below. -common law system

If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff,the plaintiff can recover some damages in those states where contributory negligence is still recognized.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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