Question 1

Which of the following is sometimes referred to as proximate cause?

Accepted Answer

A)  Legal cause.
B)  Factual Cause.
C)  Actual cause.
D)  Significant cause.
E)  Cause in fact.F) C) and D)
G) B) and E)

Question 2

Which statement about negligence in Germany is true?

Accepted Answer

A)  It focuses only on unconscious negligence.
B)  Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only conscious negligence being found not guilty.
C)  Both mental and physical capabilities are taken into account in determining whether a defendant is negligent.
D)  It is the same as the law of negligence in the United States.
E)  It focuses only on conscious negligence.F) B) and C)
G) A) and E)

Question 3

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Accepted Answer

A)  Last-clear-chance.
B)  Assumption of the risk.
C)  Pure comparative negligence.
D)  Modified comparative negligence.
E)  Both modified comparative negligence and last-clear-chance.F) A) and E)
G) A) and D)

Question 4

[Diving Fiasco] Rogerio,who owns a dive shop in the U.S. ,takes a group of his customers diving in U.S.waters.Rogerio is aware that the area where the divers will be visiting is occasionally visited by sharks.He is also aware that,while sting rays are usually tame,they can become aggressive when fed.Rogerio did not reveal the information about sharks or sting rays to the group of divers going with him because,in his experience,as soon as customers hear of a hint of danger,they refuse to pay and go on the trip.The divers go down into the water,and some have squid with which to feed the sting rays.During the dive,one of the sting rays becomes agitated and lashes diver Tamika's arm.Tamika is so disconcerted that she drops her regulator her breathing device) from her mouth and is in considerable distress.Another diver,Billy,encounters a shark which snaps at him.Fortunately,the shark does not bite him but does damage his diving equipment.He is also in distress.Rogerio,who is in charge of the dive,does nothing and just returns to the boat because the dive turned out to be more trouble than expected.Claudia,another diver on the trip,also returns to the boat without doing anything to help the divers in distress.Sam,on the other hand,goes to rescue the divers who are in distress.He manages to assist them,but in the process,he injures his back and requires medical care.All divers return to the boat and are very unhappy with Rogerio.
-The diver whose equipment was damaged because of the shark incident,Billy,wants to sue Rogerio for damages.Which of the following is the most likely result?

Accepted Answer

A)  Billy will lose because Rogerio had no duty to warn him of anything.
B)  Billy will lose because he did not sustain physical injury.
C)  Billy will win because Rogerio should have warned him about the occasional appearance of sharks.
D)  Billy will win only if he can establish that he had a contract with Rogerio whereby Rogerio agreed to reveal harmful conditions.
E)  Billy will win only if he can establish that he did not have insurance to cover the equipment.F) A) and C)
G) A) and B)

Question 5

Which of the following is a condition required for the imposition of strict liability?

Accepted Answer

A)  The activity is undertaken by a minor.
B)  The activity is heavily regulated.
C)  The activity involves trespassing in a way that reasonably leads to fright on the part of home owners.
D)  The activity is so inherently dangerous that it cannot ever be safely undertaken.
E)  The activity involves negligence pertaining to the preparation of food products.F) B) and C)
G) A) and B)

Question 6

Courts usually award punitive damages in cases in which the offender has committed ________.

Accepted Answer

A)  A tort directly involving negligence per se
B)  Gross negligence
C)  Strict liability offense
D)  Negligence
E)  A res ipsa loquitur offenseF) A) and B)
G) A) and C)

Question 7

Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

Accepted Answer

A)  Rescue statutes.
B)  Freedom statutes.
C)  All clear statutes.
D)  Aid to others statutes.
E)  Good Samaritan statutes.F) D) and E)
G) A) and B)

Question 8

Res ipsa loquitor allows a judge or jury to infer that the defendant's negligence was,more likely than not,the cause of the plaintiff's harm.

Accepted Answer

A) True 
 B)False

Question 9

"But for" causation refers to which of the following?

Accepted Answer

A)  Significant cause.
B)  Legal cause.
C)  Actual cause.
D)  Constructive cause.
E)  Proximate cause.F) C) and D)
G) A) and B)

Question 10

Generally speaking,courts hold that landowners have a duty to protect individuals on their property.

Accepted Answer

A) True 
 B)False

Question 11

A defendant must be more than 25% at fault before the plaintiff can recover,according to the pure comparative negligence defense,

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is an example of a dram shop act?

Accepted Answer

A)  A statute which allows the selling of beer but not hard liquor.
B)  A statute which requires bar owners to post a bond before opening for business in a jurisdiction.
C)  A statute which requires bar owners to have a license before operating a bar.
D)  A statute that prohibits any bars on certain streets in the jurisdiction.
E)  A statute which allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar.F) A) and E)
G) A) and D)

Question 13

Did Rogerio have a duty to provide assistance to Tamika and Billy during the dive?

Accepted Answer

A)  Rogerio had a duty to come to their assistance only if no one else did so.
B)  Rogerio had a duty to come to their assistance only if they were minors.
C)  Rogerio had a duty to come to their assistance only if he had specifically agreed to do so prior to the dive.
D)  Rogerio had a duty to come to their aid because he arranged the dive and was charging them.
E)  Rogerio had no duty to provide any assistance to them.F) A) and D)
G) B) and C)

Question 14

Which of the following occurs when a plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior?

Accepted Answer

A)  Express assumption of the last-clear-chance doctrine.
B)  Implied assumption of the last-clear-chance doctrine.
C)  Implied assumption of the risk.
D)  Assumption by incident.
E)  Express assumption of the risk.F) B) and E)
G) All of the above

Question 15

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

Accepted Answer

A)  A relative cause
B)  A superseding cause
C)  A surprise event
D)  Assumption of the risk
E)  An unusual causeF) C) and D)
G) B) and C)

Question 16

[Blow Up] Devin has several full gas cans in the bed of her pick-up truck,because she runs a landscaping company and needs the gas for her mowers.On the way home from the gas station,Devin stops at her bank and exits her truck.Teresa pulls behind her and negligently rear-ends Devin's pick-up.The truck explodes and results in the bank building burning to the ground.The bank sues Teresa for negligence claiming that Teresa should have to pay for the entire bank building.The bank claims that it should be able to recover under the res ipsa loquitur doctrine.
-Does actual cause exist in the bank's action against Teresa?

Accepted Answer

A)  Actual cause is present because Teresa was the legal cause of the bank burning.
B)  Actual cause is not present because Teresa is not the proximate cause of the bank burning.
C)  Actual cause is present because as a matter of policy,it is believed that someone who rear-ends a vehicle should be responsible for damages.
D)  Actual causation would exist because the bank would not have been burnt down if Teresa had fulfilled her duty to drive properly.
E)  Actual cause is not present because Teresa is not the legal cause of the bank burning.F) A) and C)
G) B) and C)

Question 17

What is the literal meaning of "negligence per se"?

Accepted Answer

A)  Select negligence.
B)  Allowable negligence.
C)  Absolute wrongdoing.
D)  Pure negligence.
E)  Negligence in or of itself.F) A) and C)
G) B) and C)

Question 18

Proximate cause is determined by ,in most states.

Accepted Answer

A)  But-for causation
B)  Strict liability
C)  Actual cause
D)  Common law
E)  ForeseeabilityF) A) and B)
G) A) and E)

Question 19

What is the term for when a plaintiff implicitly assumes a known risk?

Accepted Answer

A)  Express assumption of the risk.
B)  Implied assumption of the risk.
C)  Assumption by incident.
D)  Express assumption of the last-clear-chance doctrine.
E)  Implied assumption of the last-clear-chance doctrine.F) A) and C)
G) All of the above

Question 20

Which of the following was the result on appeal in John Coomer v.Kansas City Royals Baseball Team,the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary activity during games?

Accepted Answer

A)  The court dismissed the case on the basis that through a click agreement the plaintiff expressly agreed not to sue for any injuries when ordering the tickets through the Internet.
B)  The court affirmed a jury verdict in favor of the defense on the basis that the plaintiff assumed the risk of injury by hotdog because the tossing of the hotdogs was a customary event of which the plaintiff was or should have been aware before attending the game.
C)  The court found that the jury was improperly instructed on the assumption of the risk defense and that the plaintiff did not assume the risk of injury by hotdog by attending the game.
D)  The court affirmed a jury verdict finding for the defense on the basis that the plaintiff did not immediately report injuries to stadium officials.
E)  The court dismissed the case on the basis that injuries at baseball games are an inherent part of the sport whether by baseball or by hotdog.F) B) and D)
G) B) and E)

Exam 9: Negligence and Strict Liability

What is the literal meaning of "negligence per se"?

Correct Answer
verified

Which of the following occurs when a plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior?

Correct Answer
verified

Did Rogerio have a duty to provide assistance to Tamika and Billy during the dive?

Correct Answer
verified

Generally speaking,courts hold that landowners have a duty to protect individuals on their property.

Correct Answer
verified

Which of the following is a condition required for the imposition of strict liability?

Correct Answer
verified

Proximate cause is determined by ,in most states.

Correct Answer
verified

Which of the following is sometimes referred to as proximate cause?

Correct Answer
verified

"But for" causation refers to which of the following?

Correct Answer
verified

Res ipsa loquitor allows a judge or jury to infer that the defendant's negligence was,more likely than not,the cause of the plaintiff's harm.

Correct Answer
verified

What is the term for when a plaintiff implicitly assumes a known risk?

Correct Answer
verified

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Correct Answer
verified

Correct Answer
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Which of the following is an example of a dram shop act?

Correct Answer
verified

A defendant must be more than 25% at fault before the plaintiff can recover,according to the pure comparative negligence defense,

Correct Answer
verified

Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

Correct Answer
verified

Which of the following was the result on appeal in John Coomer v.Kansas City Royals Baseball Team,the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary activity during games?

Correct Answer
verified

Correct Answer
verified

Which statement about negligence in Germany is true?

Correct Answer
verified

Courts usually award punitive damages in cases in which the offender has committed ________.

Correct Answer
verified

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

Correct Answer
verified

Exam 9: Negligence and Strict Liability

What is the literal meaning of "negligence per se"?

Correct AnswerverifiedShow Answer

Which of the following occurs when a plaintiff expressly agrees,usually in a written contract,to assume the risk posed by the defendant's behavior?

Correct AnswerverifiedShow Answer

Did Rogerio have a duty to provide assistance to Tamika and Billy during the dive?

Correct AnswerverifiedShow Answer

Generally speaking,courts hold that landowners have a duty to protect individuals on their property.

Correct AnswerverifiedShow Answer

Which of the following is a condition required for the imposition of strict liability?

Correct AnswerverifiedShow Answer

Proximate cause is determined by ,in most states.

Correct AnswerverifiedShow Answer

Which of the following is sometimes referred to as proximate cause?

Correct AnswerverifiedShow Answer

"But for" causation refers to which of the following?

Correct AnswerverifiedShow Answer

Res ipsa loquitor allows a judge or jury to infer that the defendant's negligence was,more likely than not,the cause of the plaintiff's harm.

Correct AnswerverifiedShow Answer

What is the term for when a plaintiff implicitly assumes a known risk?

Correct AnswerverifiedShow Answer

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is an example of a dram shop act?

Correct AnswerverifiedShow Answer

A defendant must be more than 25% at fault before the plaintiff can recover,according to the pure comparative negligence defense,

Correct AnswerverifiedShow Answer

Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in John Coomer v.Kansas City Royals Baseball Team,the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary activity during games?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which statement about negligence in Germany is true?

Correct AnswerverifiedShow Answer

Courts usually award punitive damages in cases in which the offender has committed ________.

Correct AnswerverifiedShow Answer

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

Correct AnswerverifiedShow Answer

Correct Answer
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