Deck 5: Negligence: Breach of Duty

Question 1

An attorney who is a certified criminal law specialist is held to a higher standard of care when practicing criminal law than other attorneys who do not specialize in that area.

Answer 1

True

Question 2

Intoxicated individuals are held to a lower standard of care than others.

Answer 2

False

Question 3

Professionals are held to a standard of care than laypersons.

Answer 3

higher

Question 4

The P in the Learned Hand formula refers to the _, the L refers to the , and the B refers to the .

Question 5

If a(n) standard is used, the defendant's behavior is compared to that of a reasonable person, but if a(n) standard is used, the defendant is asked whether he or she acted in a reasonable manner.

Question 6

The Learned Hand formula is used to _.

Question 7

The physical characteristics of a defendant are sometimes taken into consideration in determining the reasonableness of behavior.

Question 8

The Restatement uses an entirely different approach to assessing the reasonableness of defendants' conduct than does Learned Hand.

Question 9

Adherence to custom within an industry is conclusive evidence of reasonable behavior.

Question 10

A plaintiff who was contributorily negligent probably may not rely on the doctrine of res ipsa loquitur.

Question 11

Defendants responding to emergency situations are not held to the same standard of care as those acting in less stressful situations.

Question 12

Novices in a profession are held to a lower standard of care than their more experienced counterparts.

Question 13

A defendant who violates an ordinance and injures someone as a result of that violation may be considered .

Question 14

statutes limit drivers' liability to their passengers.

Question 15

The doctrine of res ipsa loquitur does not apply if it is just as likely that someone other than the defendant caused the plaintiff 's injury.

Question 16

The only way a defendant can rebut a claim of negligence per se is by claiming the plaintiff was contributorily negligent or assumed the risk.

Question 17

Only the violation of civil statute can result in a defendant being found negligent per se.

Question 18

A defendant who violates a statute and, as a result, injures a plaintiff is automatically negligent per se.

Question 19

The courts typically use a subjective standard in determining whether a defendant acted reasonably.

Question 20

A child is held to the standard of care of children of similar , , and _.

Question 21

What must a plaintiff prove if he or she wants to argue that the defendant who violated a statute was negligent per se?

Question 22

What could a defendant who was alleged to be negligent per se argue in his or her defense?

Question 23

To what standard of care are the following persons held? a. A blind person b. An insane person c. Someone of substandard intelligence

Question 24

What is the rationale underlying the automobile guest statutes?

Question 25

Name three factors that are taken into consideration when determining the reasonableness of a defendant's conduct.

Question 26

Ignorance of the law is an excuse under the reasonable person standard.

Question 27

Why might a plaintiff want to resort to the doctrine of res ipsa loquitur?

Question 28

What three things would a plaintiff who wanted to use the doctrine of res ipsa loquitur have to prove?