Question 1

Which of the following statements is true about recklessness?

Accepted Answer

A)  Assumption of risk is not a good defense for recklessness. 
B)  It is best defended with a plea of contributory negligence. 
C)  It is more morally objectionable than negligence but less than intentional wrongdoing. 
D)  It is identical to intentional wrongdoing. 
A)  Assumption of risk is not a good defense for recklessness. 
B)  It is best defended with a plea of contributory negligence. 
C)  It is more morally objectionable than negligence but less than intentional wrongdoing. 
D)  It is identical to intentional wrongdoing.

Question 2

Which of the following is a correct statement regarding strict liability?

Accepted Answer

A)  Strict liability is commonly described as "liability with fault." 
B)  The most recent major application of strict liability is to the manufacturers of defective products that are "unreasonably dangerous." 
C)  The basic idea behind strict liability is that the risks associated with certain activities should be borne by an innocent person who has suffered loss. 
D)  Generally speaking, negligence is a good defense to strict liability suits. 
A)  Strict liability is commonly described as "liability with fault." 
B)  The most recent major application of strict liability is to the manufacturers of defective products that are "unreasonably dangerous." 
C)  The basic idea behind strict liability is that the risks associated with certain activities should be borne by an innocent person who has suffered loss. 
D)  Generally speaking, negligence is a good defense to strict liability suits.

Question 3

Bella is Ming's babysitter. She takes Ming to the amusement park for a roller coaster ride. Due to the intensity of the ride, Ming, who has an especially weak heart, dies of a heart attack during the ride. Which of the following concepts best fits Bella's act of negligence?

Accepted Answer

A)  Proximate cause 
B)  Negligence per se 
C)  Breach of duty 
D)  Principles of causation 
A)  Proximate cause 
B)  Negligence per se 
C)  Breach of duty 
D)  Principles of causation

Question 4

A person is guilty of breach of duty if he or she exposes another person to a foreseeable, unreasonable risk of harm, something the "reasonable person" would never do.

Accepted Answer

A) True 
 B)False

Question 5

Under the doctrine of strict liability, care and caution mitigate liability.

Accepted Answer

A) True 
 B)False

Question 6

Res ipsa loquitur means "the thing speaks for itself."

Accepted Answer

A) True 
 B)False

Question 7

Ultrahazardous activities:

Accepted Answer

A)  are defined only by international statutes. 
B)  are subject to strict liability. 
C)  only create liability where the defendant fails to act as a reasonable person. 
D)  only create liability when the defendant fails to exercise utmost care. 
A)  are defined only by international statutes. 
B)  are subject to strict liability. 
C)  only create liability where the defendant fails to act as a reasonable person. 
D)  only create liability when the defendant fails to exercise utmost care.

Question 8

The Restatement (Second) of Torts suggests that negligent defendants should be liable for injuries that, if one looks backward after the accident, appear to be "highly extraordinary."

Accepted Answer

A) True 
 B)False

Question 9

Courts are increasingly allowing third parties to recover for emotional distress resulting from witnessing harm caused to another person by the defendant's negligent acts.

Accepted Answer

A) True 
 B)False

Question 10

Rachel saw her sister Rebecca being hit by a car. She rushed to help her and later accompanied her to the hospital. Unfortunately, several hours later her sister died. Rachel, who received psychiatric treatment as a result of the traumatic experience, sued the car driver for emotional distress. Which of the following is most likely to be true in this case?

Accepted Answer

A)  Rachel is not entitled to recovery because she was not in the "zone of danger" created by the negligent act. 
B)  The courts will allow recovery for battery because Rachel is related to the victim of the accident. 
C)  The courts will not allow recovery because Rachel suffered only emotional trauma with no visible signs of physical injury. 
D)  Rachel will be awarded recovery because she bore witness to the accident during which her sister was killed. 
A)  Rachel is not entitled to recovery because she was not in the "zone of danger" created by the negligent act. 
B)  The courts will allow recovery for battery because Rachel is related to the victim of the accident. 
C)  The courts will not allow recovery because Rachel suffered only emotional trauma with no visible signs of physical injury. 
D)  Rachel will be awarded recovery because she bore witness to the accident during which her sister was killed.

Question 11

Which of the following is true about the doctrine of res ipsa loquitur?

Accepted Answer

A)  It says that an act of negligence and a criminal offense should be treated with the same weight. 
B)  It puts the burden on the plaintiff to show that the injury was not caused by his or her negligence. 
C)  It is applicable to cases where the defendant has exclusive control of the thing that caused the injury and is reluctant to disclose facts that prove liability. 
D)  It offers protection to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act. 
A)  It says that an act of negligence and a criminal offense should be treated with the same weight. 
B)  It puts the burden on the plaintiff to show that the injury was not caused by his or her negligence. 
C)  It is applicable to cases where the defendant has exclusive control of the thing that caused the injury and is reluctant to disclose facts that prove liability. 
D)  It offers protection to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act.

Question 12

An intervening force, which happens after the defendant's negligent act and contributes to the plaintiff's injury, can excuse the defendant from liability if it:

Accepted Answer

A)  could have been anticipated. 
B)  was proximate. 
C)  was unforeseeable. 
D)  was an intentional tort and not an unintentional one. 
A)  could have been anticipated. 
B)  was proximate. 
C)  was unforeseeable. 
D)  was an intentional tort and not an unintentional one.

Question 13

A plaintiff in a negligence suit must prove that the defendant's breach of duty was the remote cause of the plaintiff's injuries.

Accepted Answer

A) True 
 B)False

Question 14

To recover in a negligence suit, a plaintiff must prove that the:

Accepted Answer

A)  defendant had intent to injure the plaintiff and did so by a breach of duty. 
B)  defendant's breach of duty was the proximate cause of the plaintiff's injuries. 
C)  defendant's breach of duty might have indirectly caused the plaintiff injuries. 
D)  defendant's actions did not violate any statutes. 
A)  defendant had intent to injure the plaintiff and did so by a breach of duty. 
B)  defendant's breach of duty was the proximate cause of the plaintiff's injuries. 
C)  defendant's breach of duty might have indirectly caused the plaintiff injuries. 
D)  defendant's actions did not violate any statutes.

Question 15

Benjamin's negligent act injures Judith. Naomi, Judith's friend, breaks her arm while attempting to come to Judith's aid. Benjamin is most likely to be liable for harm to _____.

Accepted Answer

A)  only Judith 
B)  only Naomi 
C)  both Judith and Naomi 
D)  neither Judith nor Naomi 
A)  only Judith 
B)  only Naomi 
C)  both Judith and Naomi 
D)  neither Judith nor Naomi

Question 16

Which of the following statements is true for both contributory negligence and assumption of the risk?

Accepted Answer

A)  They are defenses adopted to ease the harshness of the comparative negligence system. 
B)  They are recent defenses to recklessness but not negligence. 
C)  They are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety. 
D)  They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm. 
A)  They are defenses adopted to ease the harshness of the comparative negligence system. 
B)  They are recent defenses to recklessness but not negligence. 
C)  They are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety. 
D)  They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm.

Question 17

The law of negligence holds our behavior up to a(n) _____ standard of conduct.

Accepted Answer

A)  objective 
B)  strict liability 
C)  subjective 
D)  criminal 
A)  objective 
B)  strict liability 
C)  subjective 
D)  criminal

Question 18

One night, when Henry got home and flipped on the light switch, the kitchen exploded, leaving him severely injured. The explosion was caused by a failure of the gas connector, which allowed a large amount of gas to escape, and a small spark created by turning on the light caused it to explode. Henry sued the gas corporation, arguing that it knew the connector was defective but it did not warn its customers. Henry won the case. He is most likely to have won the lawsuit on the grounds of:

Accepted Answer

A)  negligence per se. 
B)  recklessness. 
C)  strict liability. 
D)  breach of duty. 
A)  negligence per se. 
B)  recklessness. 
C)  strict liability. 
D)  breach of duty.

Question 19

Penny had carelessly left marbles on the steps of her house. When Bijou came to visit, she broke her leg by slipping on those marbles and severely damaged her spine. While in the hospital recovering from her fall, her body being weak from all the antibiotics, readily contracted a viral infection. Under these circumstances, Penny is most likely to be liable:

Accepted Answer

A)  only for the damage to Bijou resulting from her fall. 
B)  only for Bijou's viral infection. 
C)  for injuries sustained by Bijou and also for the viral infection. 
D)  for neither problems because Bijou should have been careful. 
A)  only for the damage to Bijou resulting from her fall. 
B)  only for Bijou's viral infection. 
C)  for injuries sustained by Bijou and also for the viral infection. 
D)  for neither problems because Bijou should have been careful.

Question 20

The idea of placing a legal limit on the extent of a negligent person's liability is called proximate cause.

Accepted Answer

A) True 
 B)False

Exam 7: Negligence and Strict Liability

Which of the following statements is true about recklessness?

Which of the following is a correct statement regarding strict liability?

Bella is Ming's babysitter. She takes Ming to the amusement park for a roller coaster ride. Due to the intensity of the ride, Ming, who has an especially weak heart, dies of a heart attack during the ride. Which of the following concepts best fits Bella's act of negligence?

A person is guilty of breach of duty if he or she exposes another person to a foreseeable, unreasonable risk of harm, something the "reasonable person" would never do.

Under the doctrine of strict liability, care and caution mitigate liability.

Res ipsa loquitur means "the thing speaks for itself."

Ultrahazardous activities:

The Restatement (Second) of Torts suggests that negligent defendants should be liable for injuries that, if one looks backward after the accident, appear to be "highly extraordinary."

Courts are increasingly allowing third parties to recover for emotional distress resulting from witnessing harm caused to another person by the defendant's negligent acts.

Which of the following is true about the doctrine of res ipsa loquitur?

An intervening force, which happens after the defendant's negligent act and contributes to the plaintiff's injury, can excuse the defendant from liability if it:

A plaintiff in a negligence suit must prove that the defendant's breach of duty was the remote cause of the plaintiff's injuries.

To recover in a negligence suit, a plaintiff must prove that the:

Benjamin's negligent act injures Judith. Naomi, Judith's friend, breaks her arm while attempting to come to Judith's aid. Benjamin is most likely to be liable for harm to _____.

Which of the following statements is true for both contributory negligence and assumption of the risk?

The law of negligence holds our behavior up to a(n) _____ standard of conduct.

The idea of placing a legal limit on the extent of a negligent person's liability is called proximate cause.

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

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Crimes

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The Nature and Origins of Contracts

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Third Parties Contract Rights

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Introduction to Security

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