Chapter 7 Flashcards
The courts have created a uniform test that must be used to determine proximate cause
true or false?
false
Limits on punitive damages and damages for pain and suffering are examples of:
Multiple Choice
Tort reform
Liability reform
Negligence reform
Judicial reform
Tort reform
Persons may not protect themselves from strict liability by acting with the “utmost care and caution.”
true or false?
true
A conscious disregard for a known high degree of probable harm to another is known as:
Multiple Choice
Recklessness
Negligence
Res ipsa loquitur
Battery
Recklessness
Which of the following exemplifies “ultrahazardous” activity?
Multiple Choice
Using explosives.
Negligent supervision of staff.
Investing in high-risk stocks.
Driving a tractor-trailer.
Using explosives.
The element of negligence that focuses on whether there is a causal connection between the plaintiff’s injury and the defendant’s negligent conduct is:
Multiple Choice
Damages
Breach
Duty
Causation
Causation
Which of the following standards is applied in regard to the duty element of a cause of action for negligence?
Multiple Choice
The law of negligence applies a subjective standard of conduct to negligence actions.
The law of negligence applies an objective standard of conduct to negligence actions.
The law of negligence applies an inflexible, but fair, standard of conduct in negligence actions.
The law of negligence applies the “model person” standard of conduct to negligence actions.
The law of negligence applies an objective standard of conduct to negligence actions.
Most states have adopted a “pure” comparative fault system.
true or false
true
Products that are defective in such a way that is not readily apparent to the buyer and endangers life or property are referred to as:
Multiple Choice
Negligently dangerous
Proximately dangerous
Unreasonably dangerous
Punitively dangerous
Unreasonably dangerous
If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into Jamal’s car and is hit, Jamal is liable for Eddie’s injuries.
true or false
false
Penny carelessly left marbles on the steps of her house. When Bijou came to visit Penny she slipped on the marbles, breaking her leg and severely damaging her spine. While in the hospital recovering from her fall, Bijou’s body became weak from antibiotics that were overprescribed by her attending physician, and she contracted a viral infection. Under these circumstances, Penny is:
Multiple Choice
not liable for any of Bijou’s injuries, since Bijou was contributorily negligent per se.
liable for only Bijou’s leg and spinal injuries.
liable for Bijou’s leg and spinal injuries, as well as for her viral infection.
liable for only Bijou’s viral infection.
liable for Bijou’s leg and spinal injuries, as well as for her viral infection.
An intervening cause, which happens after the defendant’s negligent act and contributes to the plaintiff’s injury, can excuse the defendant from liability if it:
Multiple Choice
was an intentional tort.
was unforeseeable.
was remotely related to the plaintiff’s injury.
could have been reasonably anticipated.
was unforeseeable.
Which of the following is a general negligence causation rule?
Multiple Choice
The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his or her injuries.
The defendant is unaccountable for those who are injured while making a reasonable attempt to rescue someone endangered by his or her act.
The defendant is generally not held liable for diseases the victims contract while weakened by their injuries.
The defendant is not liable for those who make reasonable attempts to avoid being injured by his or her acts.
The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his or her injuries.
From his office window, Ben saw a co-worker and friend, Jan, get hit by a car while crossing the street. Ben was very upset and, claiming negligent infliction of emotional distress, joined Jan’s lawsuit against the driver. Assuming it is determined that the driver was negligent, which of the following is the most likely resolution of Ben’s claim?
Multiple Choice
Ben will lose because the tort of negligent infliction of emotional distress is not recognized.
Because of the principle that a driver is liable for all damages proximately caused by his or her negligence, Ben will win regardless of whether he actually received mental health counseling so long as he testifies regarding serious emotional distress.
Ben will win so long as he can establish that he indeed suffered serious emotional distress from the accident such that he received mental health counseling.
Ben will lose because he is not a close relative and has no other relationship ties with Jan that would lead to a finding of liability to him on the part of the driver.
Ben will lose because he is not a close relative and has no other relationship ties with Jan that would lead to a finding of liability to him on the part of the driver.
While jogging across a golf course, Ralph is hit on the head by a flying golf ball. Maurice, the golfer, failed to yell the customary term “fore” before hitting the ball which would have warned Ralph to beware of the ball. If Ralph sues Maurice for negligence, of the following options, which would be Maurice’s best defensive measure?
Multiple Choice
Assumption of risk
Contributory negligence
Proximate causation
Last clear chance
Assumption of risk
