Question 1

Match each statement with the correct term below.
-mala in se

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 2

Match each statement with the correct term below.
-licensee

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 3

For an action of negligence,six elements must be proved.

Accepted Answer

A) True 
 B)False

Question 4

Match each statement with the correct term below.
-civil 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 5

What is the reasonable person standard? How is it applied to each of the following types of people?
a.Children
b.Persons with physical disabilities
c.Persons who are mentally retarded
d.Professional people with advanced degrees and training, such as doctors, lawyers, and accountants
e.Persons acting in emergency situations
f. Persons who violate statutory duties

Accepted Answer

The "reasonable person" is a fictitious

Question 6

Res ipsa loquitur means "the thing speaks for itself" and it permits the jury to infer negligent conduct and causation from the mere occurrence of certain types of events.

Accepted Answer

A) True 
 B)False

Question 7

A(n)__________ is a sudden,unexpected event calling for immediate action,that is considered when determining whether conduct was reasonable in a negligence lawsuit.

Accepted Answer

A) res ipsa loquitur. 
B) duty to act. 
C) emergency. 
D) None of the above. 
A) res ipsa loquitur. 
B) duty to act. 
C) emergency. 
D) None of the above.

Question 8

A reasonable person,as used in the law of torts,is a fictitious individual who is always careful,prudent,and never negligent.

Accepted Answer

A) True 
 B)False

Question 9

What activities give rise to strict liability and what defenses are available to strict liability?

Accepted Answer

Strict liability,or liability without fa

Question 10

A tiger gets loose from the tent of a circus and mauls a passerby.The circus claims it has always treated the animal well and that it was not at all negligent in its handling of the animal.The circus has no liability for the injury caused by the animal.

Accepted Answer

A) True 
 B)False

Question 11

The duty of employers includes the duty to exercise reasonable care in hiring,training,supervising,and retaining employees.This duty is independent of the vicarious liability of an employer for an employee's tortious conduct during the course of employment.

Accepted Answer

A) True 
 B)False

Question 12

Match each statement with the correct term below.
-deontology

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 13

While comparative negligence is generally not a defense in a strict liability case,contributory negligence generally is a successful defense.

Accepted Answer

A) True 
 B)False

Question 14

Match each statement with the correct term below.
-disparagement

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 15

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks.Once on the tracks,the patient stumbled and sprained his ankle.A few minutes later a train approached.The engineer saw the man on the track and could have stopped,but the train's brakes were defective.As a result,the train hit and killed the man.His family is suing the railroad for negligence in a state that follows the contributory negligence doctrine.In this case,

Accepted Answer

A) the patient has assumed the risk of wandering onto the railroad tracks. 
B) because the patient was contributorily negligent, the railroad has no liability. 
C) the train had the last clear chance to avoid the accident, so the patient's contributory negligence does not bar his estate's recovery. 
D) the train's striking of the man was an intervening cause, so the railroad company was negligent. 
A) the patient has assumed the risk of wandering onto the railroad tracks. 
B) because the patient was contributorily negligent, the railroad has no liability. 
C) the train had the last clear chance to avoid the accident, so the patient's contributory negligence does not bar his estate's recovery. 
D) the train's striking of the man was an intervening cause, so the railroad company was negligent.

Question 16

Under the Second Restatement,the owner of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

Accepted Answer

A) True 
 B)False

Question 17

Match each statement with the correct term below.
-superseding cause

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 18

A violation of a statute constitutes negligence per se regardless of whether the injured party is a member of the class protected by the statute.

Accepted Answer

A) True 
 B)False

Question 19

Match each statement with the correct term below.
-battery

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 20

While driving his car five miles over the speed limit,Carl struck Darla,who was jaywalking across the street.When the case came to trial,the jury determined that Carl was 40% negligent and that Darla was 60% negligent.Darla's injuries are $10,000.If this accident occurred in a state following the modified comparative negligence theory of recovery,Darla will:

Accepted Answer

A) recover $10,000. 
B) not recover anything. 
C) recover $6,000. 
D) recover $4,000. 
A) recover $10,000. 
B) not recover anything. 
C) recover $6,000. 
D) recover $4,000.

Exam 8: Negligence and Strict Liability

Match each statement with the correct term below. -mala in se

Match each statement with the correct term below. -licensee

For an action of negligence,six elements must be proved.

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

Res ipsa loquitur means "the thing speaks for itself" and it permits the jury to infer negligent conduct and causation from the mere occurrence of certain types of events.

A(n)__________ is a sudden,unexpected event calling for immediate action,that is considered when determining whether conduct was reasonable in a negligence lawsuit.

A reasonable person,as used in the law of torts,is a fictitious individual who is always careful,prudent,and never negligent.

What activities give rise to strict liability and what defenses are available to strict liability?

A tiger gets loose from the tent of a circus and mauls a passerby.The circus claims it has always treated the animal well and that it was not at all negligent in its handling of the animal.The circus has no liability for the injury caused by the animal.

The duty of employers includes the duty to exercise reasonable care in hiring,training,supervising,and retaining employees.This duty is independent of the vicarious liability of an employer for an employee's tortious conduct during the course of employment.

Match each statement with the correct term below. -deontology

While comparative negligence is generally not a defense in a strict liability case,contributory negligence generally is a successful defense.

Match each statement with the correct term below. -disparagement

Under the Second Restatement,the owner of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

Match each statement with the correct term below. -superseding cause

A violation of a statute constitutes negligence per se regardless of whether the injured party is a member of the class protected by the statute.

Match each statement with the correct term below. -battery

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

Filters