Question 1

Assume a jurisdiction has a law that all residential swimming pools must have a fence that is at least six feet tall surrounding the swimming pool. Cindy has a pool in her backyard; but it was built only a few months ago, and Cindy has not had the extra money with which to build the fence. Unfortunately, one of the neighborhood children goes swimming in the pool and drowns. The parents of the child sue Cindy. Discuss how they would likely go about proving their case and the elements that would be required.

Accepted Answer

The parents would likely rely on the doc...

Question 2

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Accepted Answer

A)   Last-clear-chance doctrine.
B)   Assumption of the risk doctrine.
C)   Contributory negligence doctrine.
D)   Res ipsa loquitur.
E)   Negligence per se.F) A) and C)
G) C) and E)

Question 3

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

Question 4

In reference to the case in the text, Ex Parte Emmette L. Barran, III, what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Accepted Answer

A)   The court ruled that under pure contributive negligence principles, the plaintiff was entitled to recover.
B)   The court ruled that under pure comparative negligence principles, the plaintiff was entitled to recover.
C)   The court ruled that under modified comparative negligence principles, the plaintiff was entitled to recover.
D)   The court dismissed the case on the basis of negligence per se.
E)   The court dismissed the lawsuit on the basis that the plaintiff assumed the risk of harm.F) B) and C)
G) All of the above

Question 5

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

Accepted Answer

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

Question 6

Proximate cause is also sometimes referred to as which of the following?

Accepted Answer

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

Question 7

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Accepted Answer

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

Question 8

Which of the following is liability without fault?

Accepted Answer

A)   Negligence.
B)   Assumption of the risk.
C)   Strict liability.
D)   Storekeeper liability.
E)   Homeowner liability.F) C) and E)
G) A) and B)

Question 9

Define the term "res ipsa loquitur" and set forth what a plaintiff must demonstrate in order rely upon that doctrine.

Accepted Answer

Res ipsa loquitur means "the thing speak...

Question 10

Which of the following is true regarding negligence under South African Law?

Accepted Answer

A)   South Africa's legal system is a combination of selected legal traditions involving Roman, Dutch, and French law, but not German law.
B)   Under South African law, individuals can be found negligent in only one way, through failing to exercise reasonable care.
C)   South African law models the law of the U.S. and is substantially the same.
D)   South African law refuses to recognize sudden emergency as a standard for determining negligence in crisis situations.
E)   South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.F) D) and E)
G) A) and B)

Question 11

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Accepted Answer

A) True 
 B)False

Question 12

"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 true regarding whether actual cause exists in the bank's action against Holly?

Accepted Answer

A)   Actual causation would exist because the bank would not have been burnt down if Holly had fulfilled her duty to drive properly.
B)   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.
C)   Actual cause is present because Holly was the legal cause of the bank burning.
D)   Actual cause is not present because Holly is not the legal cause of the bank burning.
E)   Actual cause is not present because Holly is not the proximate cause of the bank burning.F) B) and E)
G) A) and B)

Question 13

In District of Columbia v. Wayne Singleton, the case in the text involving the single-vehicle bus accident, the court applied the doctrine of res ipsa loquitur because a single-vehicle accident is a type that does not normally occur in the absence of negligence.

Accepted Answer

A) True 
 B)False

Question 14

More than half the states remain contributory negligence states.

Accepted Answer

A) True 
 B)False

Question 15

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Accepted Answer

A)   Reasonable person
B)   Above-average person
C)   Without error
D)   Perfect accountability
E)   Reasonable accountabilityF) A) and B)
G) B) and D)

Question 16

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

Accepted Answer

A) True 
 B)False

Question 17

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Accepted Answer

A) True 
 B)False

Question 18

As the law currently stands in most jurisdictions, do individuals have a general duty to rescue strangers from perilous situations? Discuss whether or not you believe individuals should have a duty under tort law to rescue strangers from perilous situations and how you think the law should be written in that area.

Accepted Answer

In most situations, the law ho...

Question 19

Which is the most difficult part of establishing the defense of assumption of the risk?

Accepted Answer

A)   Showing that the plaintiff assumed the risk of the actual harm suffered.
B)   Showing that the defendant was aware that the plaintiff assumed the risk.
C)   Showing that the plaintiff was aware of applicable law.
D)   Showing that the plaintiff signed the contract assuming the risk without duress.
E)   Showing a lack of contributory conduct on the part of other defendants.F) All of the above
G) C) and D)

Question 20

Actual cause is also known as ______.

Accepted Answer

A)   Proximate cause
B)   Legal cause
C)   Cause in fact
D)   Cause for certainty
E)   Proximately related causeF) A) and D)
G) B) and D)

Exam 9: Negligence and Strict Liability

Correct Answer
verified
In most situations, the law ho...
View Answer

Which is the most difficult part of establishing the defense of assumption of the risk?

Correct Answer
verified

In District of Columbia v. Wayne Singleton, the case in the text involving the single-vehicle bus accident, the court applied the doctrine of res ipsa loquitur because a single-vehicle accident is a type that does not normally occur in the absence of negligence.

Correct Answer
verified

More than half the states remain contributory negligence states.

Correct Answer
verified

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

Correct Answer
verified

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Correct Answer
verified

Proximate cause is also sometimes referred to as which of the following?

Correct Answer
verified

Which of the following is liability without fault?

Correct Answer
verified

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Correct Answer
verified

Define the term "res ipsa loquitur" and set forth what a plaintiff must demonstrate in order rely upon that doctrine.

Correct Answer
verified
Res ipsa loquitur means "the thing speak...
View Answer

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Correct Answer
verified

Which of the following is true regarding negligence under South African Law?

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

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Correct Answer
verified

In reference to the case in the text, Ex Parte Emmette L. Barran, III, what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Correct Answer
verified

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

Correct Answer
verified

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Correct Answer
verified

Correct Answer
verified
The parents would likely rely on the doc...
View Answer

Actual cause is also known as ______.

Correct Answer
verified

Correct Answer
verified

Exam 9: Negligence and Strict Liability

Correct AnswerverifiedIn most situations, the law ho...View AnswerShow Answer

Which is the most difficult part of establishing the defense of assumption of the risk?

Correct AnswerverifiedShow Answer

In District of Columbia v. Wayne Singleton, the case in the text involving the single-vehicle bus accident, the court applied the doctrine of res ipsa loquitur because a single-vehicle accident is a type that does not normally occur in the absence of negligence.

Correct AnswerverifiedShow Answer

More than half the states remain contributory negligence states.

Correct AnswerverifiedShow Answer

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

Correct AnswerverifiedShow Answer

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Correct AnswerverifiedShow Answer

Proximate cause is also sometimes referred to as which of the following?

Correct AnswerverifiedShow Answer

Which of the following is liability without fault?

Correct AnswerverifiedShow Answer

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Correct AnswerverifiedShow Answer

Define the term "res ipsa loquitur" and set forth what a plaintiff must demonstrate in order rely upon that doctrine.

Correct AnswerverifiedRes ipsa loquitur means "the thing speak...View AnswerShow Answer

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Correct AnswerverifiedShow Answer

Which of the following is true regarding negligence under South African Law?

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

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Correct AnswerverifiedShow Answer

In reference to the case in the text, Ex Parte Emmette L. Barran, III, what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Correct AnswerverifiedShow Answer

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

Correct AnswerverifiedShow Answer

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe parents would likely rely on the doc...View AnswerShow Answer

Actual cause is also known as ______.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
verified
In most situations, the law ho...
View Answer

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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
Res ipsa loquitur means "the thing speak...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The parents would likely rely on the doc...
View Answer

Correct Answer
verified

Correct Answer
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