Deck 13: Negligence: Proximate Cause

Question 1

Intervening forces are always superseding causes.

Answer 1

False

Question 2

The extent of the injury must be foreseeable for the defendant to be the proximate cause of that injury.

Answer 2

False

Question 3

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
how convincing something must be

Answer 3

C

Question 4

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
actual cause and legal cause

Question 5

You can always determine actual cause through historical data since history repeats itself.

Question 6

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
a new or independent force that produces harm after the defendant's act or omission

Question 7

The weight of the evidence determines what standard of proof will be used in a negligence case.

Question 8

The two components of proximate cause are

A)actual cause and cause in fact
C)actual cause and legal cause
B)actual cause and superseding cause
D)actual cause and intervening cause

Question 9

The defendant will not be liable for the aggravation of the original injury caused by the defendant when the plaintiff could have prevented the aggravation.

Question 10

An intervening cause

A)is always a superseding cause
B)determines actual cause
C)is an independent force that produces harm after the defendant's act
D)is an independent force that produces harm before the defendant's act

Question 11

The two components of proximate cause are actual cause and legal cause.

Question 12

A plaintiff with a high vulnerability to injury is said to have a/an ________.

Question 13

While the but-for test and the substantial-factor test might lead to the same conclusion, it is generally easier to establish cause in fact by the substantial-factor test.

Question 14

The manner in which the injury occurs does not have to be foreseeable if the general nature or type of harm was a foreseeable consequence of the original risk.

Question 15

A sudden violent storm that contributes to the plaintiff's injury is an intervening ________.

Question 16

The two tests for actual cause are

A)but-for and substantial factor
C)general cause and special cause
B)cause in fact and legal cause
D)but-for and proximate cause

Question 17

The standard of proof in most negligence cases is ________ of the evidence.

Question 18

Legal cause is established

A)if the intervening cause is a superseding cause
B)if the injury was not the foreseeable consequence of the original risk
C)if the injury was the foreseeable consequence of the original risk
D)if actual cause exists by the but-for or substantial-factor tests

Question 19

Proximate cause is cause that is legally sufficient to impose liability for the results of one's wrongful act or omission.

Question 20

Under the mitigation-of-damages rule, the defendant will not be liable for any ________ of the plaintiff's injury that could have been prevented by the plaintiff.

Question 21

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
a cause beyond the foreseeable risk originally created

Question 22

What are some of the commonsense considerations for determining whether something is the actual cause of an injury?

Question 23

When is an intervening criminal human force a superseding cause?

Question 24

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
medical problem prior to the defendant's wrong

Question 25

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
few or no assets

Question 26

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
Restatement's test for proximate cause

Question 27

What are the two tests to determine whether the defendant was the actual cause of the plaintiff's injury?

Question 28

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
high vulnerability to injury

Question 29

What is the legal cause component of proximate cause?

Question 30

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
doctrine of avoidable consequences

Question 31

Explain why it is not true that you will be liable for every injury of which you are the actual cause.

Question 32

MATCHING
a.proximate cause
b.actual cause
c.standard of proof
d.preexisting condition
e.duty to mitigate damages
f.thin-skull rule
g.highly extraordinary
h.judgment proof
i.intervening cause
j.superseding cause
but-for or substantial factor

Question 33

Distinguish between general causation and specific causation in toxic tort cases.