Question 1

The law of negligence holds our behavior up to an objective standard of conduct: We must conduct ourselves like a "reasonable person of ordinary prudence in similar circumstances."

Accepted Answer

A) True 
 B)False

Question 2

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.

Question 3

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.

Question 4

In an act of recklessness,Ryan bets his friends that he can drive down a crowded street blindfolded,and he ends up striking Cameron.Under which of the following circumstances would Cameron be barred from any recovery from Ryan?

Accepted Answer

A)  If Cameron had not looked before stepping into Ryan's path 
B)  If Cameron had bet Ryan's friends he could run in front of Ryan without being hit 
C)  If Cameron was mildly intoxicated while walking 
D)  If Cameron could hear Ryan's car approaching but had no place to hide

Question 5

If the actions cause injury of the kind the statute was designed to protect against,and if the person who is injured is within the group of people the statute was designed to protect,then the defendant is presumed negligent.

Accepted Answer

A) True 
 B)False

Question 6

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.

Question 7

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

Question 8

While fishing in a lake,George anchored his new motorboat and went ashore to make an important phone call.He accidently left the key in the boat and Jeb stole the boat.While driving the boat recklessly,Jeb hit Angela,who was water skiing and severely injured her.Should George be responsible for Angela's injuries?

Accepted Answer

The answer of While fishing in a lake,George anchored his...

Question 9

Most states have adopted a comparative negligence system because it distributes the cost of the accident according to the degree of both plaintiff's and defendant's fault.

Accepted Answer

A) True 
 B)False

Question 10

Martin works as a pizza delivery person.He parks his bike outside Regalia Inc.to deliver an order.Meanwhile,a damaged book rack in Regalia,which is situated on the first floor of the building,falls down through an open window and crashes on his bike.However,no one admits to having seen the rack fall.Can Martin recover against Regalia for negligence?

Accepted Answer

A)  Martin can recover only if he finds a witness who saw the book rack crashing on the bike. 
B)  Martin can recover if he can prove that book racks do not fall out of windows in the absence of negligence and that Regalia Inc. had exclusive control of the rack prior to the fall. 
C)  Martin will be unable to recover because parking under an open floor window amounts to contributory negligence and he is therefore liable for the accident too. 
D)  Martin will be unable to recover because parking under an open window amounts to assumption of risk.

Question 11

If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into his car and is hit,Jamal is liable for Eddie's injuries.

Accepted Answer

A) True 
 B)False

Question 12

The doctrine of _____ holds that even though the plaintiff was negligent,he or she can still recover if it can be shown that the defendant had the final opportunity to avoid the harm.

Accepted Answer

A)  last clear chance 
B)  negligence per se 
C)  comparative negligence 
D)  strict liability

Question 13

Under a pure comparative negligence system,plaintiffs _____.

Accepted Answer

A)  that share the fault with the defendant will not be able to recover 
B)  are able to recover the portion of their losses not attributable to their fault 
C)  are barred from recovery if they are as much or more at fault for their injuries as the defendant 
D)  are able to recover for the full extent of losses from the defendant even if they were well aware of the risks involved

Question 14

Emmy worked late nights at a convenience store.One night,Emmy discovered that the "emergency alert" security system was not working.The owner of the store told her that he would have the system repaired immediately.Nevertheless,a month went by before the system was repaired.In the meantime,the store was robbed while Emmy was working and,in the course of the robbery,the perpetrator broke Emmy's leg.Under these circumstances,if Emmy presses charges,she is most likely to recover from the store owner:

Accepted Answer

A)  for negligence because the harm was foreseeable. 
B)  for battery because his inaction was the reason for her injury. 
C)  for intentional tort. 
D)  only for emotional distress.

Question 15

Negligence is an intentional breach of duty that may or may not result in harm to another.

Accepted Answer

A) True 
 B)False

Question 16

To recover for negligent infliction of emotional distress as a third party,the plaintiff does not always have to establish some physical symptoms resulting from the said distress.

Accepted Answer

A) True 
 B)False

Question 17

Contributory negligence is not a good defense to recklessness,but assumption of risk is a good defense.

Accepted Answer

A) True 
 B)False

Question 18

In which of the following situations is a defendant guilty of recklessness?

Accepted Answer

A)  When the risk of harm is lower than the degree of risk that would make an act negligent 
B)  When the behavior indicates a conscious disregard for a known high degree of probable harm to another 
C)  When the situation is less morally objectionable than negligence 
D)  When the situation is more objectionable than intentional wrongdoing

Question 19

Which of the following statements is true for assumption of risk?

Accepted Answer

A)  It is not a defense in cases based on strict liability. 
B)  It is not a defense in cases based on reckless behavior. 
C)  It dictates that the person assuming responsibility will have to recover for all people involved in the accident. 
D)  It bars the plaintiff's recovery as the plaintiff fully understands the nature and extent of the risk involved.

Question 20

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming,her _____ might prevent her from receiving damages for her injuries from George.

Accepted Answer

A)  comparative negligence 
B)  breach of duty 
C)  assumption of risk 
D)  contributory negligence

Exam 7: Negligence and Strict Liability

The law of negligence holds our behavior up to an objective standard of conduct: We must conduct ourselves like a "reasonable person of ordinary prudence in similar circumstances."

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

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

In an act of recklessness,Ryan bets his friends that he can drive down a crowded street blindfolded,and he ends up striking Cameron.Under which of the following circumstances would Cameron be barred from any recovery from Ryan?

If the actions cause injury of the kind the statute was designed to protect against,and if the person who is injured is within the group of people the statute was designed to protect,then the defendant is presumed negligent.

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:

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

Most states have adopted a comparative negligence system because it distributes the cost of the accident according to the degree of both plaintiff's and defendant's fault.

If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into his car and is hit,Jamal is liable for Eddie's injuries.

The doctrine of _____ holds that even though the plaintiff was negligent,he or she can still recover if it can be shown that the defendant had the final opportunity to avoid the harm.

Under a pure comparative negligence system,plaintiffs _____.

Negligence is an intentional breach of duty that may or may not result in harm to another.

To recover for negligent infliction of emotional distress as a third party,the plaintiff does not always have to establish some physical symptoms resulting from the said distress.

Contributory negligence is not a good defense to recklessness,but assumption of risk is a good defense.

In which of the following situations is a defendant guilty of recklessness?

Which of the following statements is true for assumption of risk?

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming,her _____ might prevent her from receiving damages for her injuries from George.