Question 1

"Blow up." Jeanie is hauling gas in the back of her pick-up truck for her personal watercraft. She is planning a lake party and thinks she will need a lot of it. On the way home, Jeanie stops at the automatic teller machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends Jeanie's pick-up. The truck explodes and results in the bank building burning to the ground. The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building. The bank claimed that it should be able to recover under the res ipsa loquitur doctrine.
-Which of the following is most likely true regarding whether Holly is the proximate cause of the bank burning?

Accepted Answer

A)   Holly is not the proximate cause of the bank burning because it was not foreseeable that Jeanie would have gas in the back of her pick-up truck that would result in such a fire.
B)   Holly is not the proximate case of the accident because her actions were not the cause in fact of the accident.
C)   Holly's actions were not the proximate cause of the accident because actual causation cannot be established since it was foreseeable that gas can result in a fire.
D)   Holly's actions were the proximate cause of the bank's burning because actual cause is present.
E)   Holly's actions were the proximate cause of the bank's burning because cause in fact can be established.F) B) and C)
G) All of the above

Question 2

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Accepted Answer

A)   In order to assist a defendant in defending against unfounded claims.
B)   In order to assist a plaintiff in avoiding the assumption of the risk doctrine.
C)   In order to assist a defendant in avoiding the assumption of the risk doctrine.
D)   Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.
E)   Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility.F) A) and D)
G) A) and E) D

Question 3

Tina negligently hits student Susie with her car. Which of the following is true?

Accepted Answer

A)   Tina has no duty to come to the aid of Susie.
B)   Tina has a duty to come to the aid of Susie because she negligently hit her.
C)   Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time.
D)   Tina has a duty to come to the aid of Susie only if Susie has no insurance.
E)   Tina has a duty to come to the aid of Susie only if no one else is willing to do so.F) A) and E)
G) B) and C)

Question 4

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

Accepted Answer

A)   Malfeasance
B)   Malpractice
C)   Mistake
D)   Physician liability
E)   Physician guiltyF) C) and D)
G) B) and D)

Question 5

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

Accepted Answer

A)   The activity involves negligence pertaining to the preparation of food products.
B)   The activity involves trespassing in a way that reasonably leads to fright on the part of home owners.
C)   The activity is undertaken by a minor.
D)   The activity is so inherently dangerous that it cannot ever be safely undertaken.
E)   The activity is heavily regulated.F) None of the above
G) B) and C)

Question 6

In most states, proximate cause is determined by _______.

Accepted Answer

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

Question 7

Which of the following is true regarding the duty that a business owes to customers?

Accepted Answer

A)   A business owes no duty to its customers other than to sell safe products.
B)   A business owes an absolute duty to keep its customers safe and is strictly liable for any harm.
C)   A business only owes a minimal duty toward customers.
D)   A business owes a negligence per se duty toward customers.
E)   A business has a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known.F) A) and B)
G) D) and E)

Question 8

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

Accepted Answer

A)   Assumption of risk.
B)   Last-clear-chance doctrine.
C)   Modified risk doctrine.
D)   Modified comparative doctrine.
E)   There is no such doctrine.F) A) and B)
G) All of the above

Question 9

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Accepted Answer

A)   That the doctrine of res ipsa loquitur applied.
B)   That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the type of accident at issue would not normally happen in the absence of negligence.
C)   That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the dock at issue was in the exclusive control of the defendants.
D)   That the doctrine of res ipsa loquitur did not apply because it only applies in contractual cases.
E)   That whether or not the doctrine of res ipsa loquitur applied should be decided by the jury.F) A) and B)
G) A) and C)

Question 10

Which of the following theories will Susan likely use to defend herself?

Accepted Answer

A)   Assumption of the risk
B)   Comparative negligence
C)   Res ipsa loquitur
D)   Negligence per se
E)   Stare decisisF) A) and D)
G) A) and E)

Question 11

The courts generally hold that landowners have a duty to protect individuals on their property.

Accepted Answer

A) True 
 B)False

Question 12

When would a defendant use the doctrine of res ipsa loquitur?

Accepted Answer

A)   To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
B)   To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
C)   To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
D)   To allow the judge and jury to presume the plaintiff destroyed evidence.
E)   To allow the judge to hold the defendant liable under a strict liability theory.F) C) and E)
G) D) and E)

Question 13

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Accepted Answer

A)   It requires a finding of negligence.
B)   It prohibits a finding of negligence.
C)   The burden of proof shifts to the plaintiff.
D)   The burden of proof shifts to the defendant.
E)   The burden of proof rises to proof beyond a reasonable doubt.F) A) and E)
G) B) and D) D

Question 14

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

Accepted Answer

A) True 
 B)False  False

Question 15

What does the term "negligence per se" mean literally?

Accepted Answer

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

Question 16

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Accepted Answer

A)   Res ipsa loquitur.
B)   Negligence per se.
C)   Statutory shop act.
D)   Comparative negligence.
E)   Assumption of the risk.F) A) and C)
G) A) and B)

Question 17

Which of the following must a plaintiff prove to win a negligence case?

Accepted Answer

A)   Duty, breach of duty, and causation, but not damages.
B)   Breach of duty only.
C)   Duty and causation only.
D)   Causation and damages.
E)   Duty, breach of duty, causation, and damages.F) A) and D)
G) C) and D)

Question 18

Which of the following aids plaintiffs in establishing negligence claims?

Accepted Answer

A)   Only res ipsa loquitur
B)   Only negligence per se
C)   Only assumption of risk
D)   Res ipsa loquitur and negligence per se
E)   Res ipsa loquitur, negligence per se, and assumption of riskF) A) and D)
G) B) and C)

Question 19

Which of the following is an example of an inherently dangerous activity?

Accepted Answer

A)   Driving a vehicle.
B)   Operating an airplane.
C)   Dynamite blasting in a populated area.
D)   Burning trash.
E)   Babysitting.F) C) and E)
G) A) and C)

Question 20

Which of the following is true regarding contributory negligence?

Accepted Answer

A)   The defense was once available in a few states but is not available in any state today.
B)   It is available in all states today.
C)   It was outlawed by a federal statute.
D)   It was once available in all states but has been replaced in some states by the defense of comparative negligence.
E)   It was once available in all states and has been replaced in some states by the defense of assumption of risk.F) A) and B)
G) A) and E)

Exam 9: Negligence and Strict Liability

Correct Answer
verified

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Correct Answer
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D

Tina negligently hits student Susie with her car. Which of the following is true?

Correct Answer
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Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

Correct Answer
verified

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

Correct Answer
verified

In most states, proximate cause is determined by _______.

Correct Answer
verified

Which of the following is true regarding the duty that a business owes to customers?

Correct Answer
verified

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

Correct Answer
verified

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Correct Answer
verified

Which of the following theories will Susan likely use to defend herself?

Correct Answer
verified

The courts generally hold that landowners have a duty to protect individuals on their property.

Correct Answer
verified

When would a defendant use the doctrine of res ipsa loquitur?

Correct Answer
verified

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Correct Answer
verified
D

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

Correct Answer
verified
False

What does the term "negligence per se" mean literally?

Correct Answer
verified

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Correct Answer
verified

Which of the following must a plaintiff prove to win a negligence case?

Correct Answer
verified

Which of the following aids plaintiffs in establishing negligence claims?

Correct Answer
verified

Which of the following is an example of an inherently dangerous activity?

Correct Answer
verified

Which of the following is true regarding contributory negligence?

Correct Answer
verified

Exam 9: Negligence and Strict Liability

Correct AnswerverifiedShow Answer

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Correct AnswerverifiedD

Tina negligently hits student Susie with her car. Which of the following is true?

Correct AnswerverifiedShow Answer

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In most states, proximate cause is determined by _______.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the duty that a business owes to customers?

Correct AnswerverifiedShow Answer

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

Correct AnswerverifiedShow Answer

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Correct AnswerverifiedShow Answer

Which of the following theories will Susan likely use to defend herself?

Correct AnswerverifiedShow Answer

The courts generally hold that landowners have a duty to protect individuals on their property.

Correct AnswerverifiedShow Answer

When would a defendant use the doctrine of res ipsa loquitur?

Correct AnswerverifiedShow Answer

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Correct AnswerverifiedD

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

Correct AnswerverifiedFalse

What does the term "negligence per se" mean literally?

Correct AnswerverifiedShow Answer

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Correct AnswerverifiedShow Answer

Which of the following must a plaintiff prove to win a negligence case?

Correct AnswerverifiedShow Answer

Which of the following aids plaintiffs in establishing negligence claims?

Correct AnswerverifiedShow Answer

Which of the following is an example of an inherently dangerous activity?

Correct AnswerverifiedShow Answer

Which of the following is true regarding contributory negligence?

Correct AnswerverifiedShow Answer

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D

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D

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False

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