Question 1

The common law doctrine by which the state and federal governments have been immune from liability for harm suffered by the tortious conduct of its employees is ___________.

Accepted Answer

A)  borrowed servant doctrine 
B)  respondeat superior 
C)  sovereign immunity 
D)  captain of the ship doctrine

Question 2

Evidence furnished by physical things themselves is ___________ evidence.

Accepted Answer

A)  hearsay 
B)  documentary 
C)  testimonial 
D)  demonstrative

Question 3

Comparative negligence generally requires that damages among multiple defendants be divided ___________.

Accepted Answer

A)  equally 
B)  60/40 
C)  50/50 
D)  according to fault (the degree of negligence of each party/defendant to a lawsuit)

Question 4

Questions of law are decided by the ___________.

Accepted Answer

A)  court 
B)  plaintiff's attorney 
C)  defendant's attorney 
D)  jury

Question 5

Knowing that a danger exists and voluntarily accepting the risk by taking a chance and exposing oneself to it is ___________.

Accepted Answer

A)  assumption of a risk 
B)  intervening cause 
C)  contributory negligence 
D)  comparative negligence

Question 6

The order that calls for a document to be produced by an organization is called a ___________.

Accepted Answer

A)  summons 
B)  subpoena duces tecum 
C)  search warrant 
D)  court request

Question 7

A sworn statement from a witness that can be used as evidence at a trial is called a ___________.

Accepted Answer

A)  countersuit 
B)  pleading 
C)  claim 
D)  deposition

Question 8

The ___________ rule prescribes that well-known facts (e.g., that fractures need prompt attention and that two X-rays of the same patient might show different results) need not be proven, but, rather, they are recognized by the court as fact.

Accepted Answer

A)  common law doctrine 
B)  hearsay 
C)  comparative 
D)  judicial notice

Question 9

The common law doctrine that holds a physician, for example, responsible for the acts of a nurse in the operating room when the physician directs the nurse to perform a particular medical act in the operating room and the nurse then performs it negligently and consequently injures the patient is the ___________.

Accepted Answer

A)  borrowed servant doctrine 
B)  res ipsa loquitur 
C)  Good Samaritan Act 
D)  statute of limitations

Exam 6: Civil Procedure and Trial Practice