Deck 12: Negligence: Breach of Duty

Question 1

Under a reasonable patient standard, expert witnesses would be needed to help determine how much information should be disclosed to a patient.

Answer 1

False

Question 2

The defendant is expected to know that matches can cause dangerous fires even if the defendant's mental illness prevents him or her from knowing this.

Answer 2

True

Question 3

By definition, a reasonable person does not cause accidents.

Answer 3

False

Question 4

When doctors wish to stop providing medical services, they must first give their patients reasonable notice of withdrawal.

Question 5

To avoid an accident that might injure another, a reasonable person would undergo any inconvenience or burden.

Question 6

Attorney mistakes in the practice of law always lead to negligence liability.

Question 7

In most negligence cases, the standard of care is reasonableness.

Question 8

Under the English rule, the losing party pays the attorney fees of both sides.

Question 9

The statute of limitations designates the time period a party must wait before bringing a cause of action.

Question 10

If the defendants in a joint enterprise are jointly and severally liable, the plaintiff can collect the entire judgment from any individual defendant.

Question 11

Unless a statute provides otherwise, parents are not vicariously liable for the torts committed by their children.

Question 12

Establishing a res ipsa loquitur case means that the plaintiff has proven breach of duty.

Question 13

A defendant is never expected to do more than what is considered to be custom and usage in the industry.

Question 14

Physically, a reasonable person has the same strengths and weaknesses as the defendant.

Question 15

Doctors are strictly liable for the harm they wrongfully cause.

Question 16

Reasonableness is determined primarily by an objective standard.

Question 17

Legislative intent may help you determine whether a statute was violated.

Question 18

Res ipsa loquitur can be used only when there is direct or specific evidence of negligence (unreasonableness).

Question 19

If the violation of a statute is negligence per se, the jury will be allowed to find that the defendant acted reasonably only if the presumption of unreasonableness is overcome.

Question 20

An employer is vicariously liable for the torts of an employee if committed within the scope of employment.

Question 21

Dave operates a small guitar shop where he makes and sells guitars.One day he carelessly leaves flammable glue next to a heater.The shop burns down.The neighboring shop owned by Jane also burns.Jane sues Dave for negligence.

A)Dave was obligated to take all steps needed to prevent the fire.
B)Dave was obligated to take all reasonable steps needed to prevent the fire.
C)Dave's obligation was limited to taking all steps customarily taken by small guitar shops to prevent such fires.
D)Res ipsa loquitur applies.

Question 22

Lena is water skiing.When the boat is about to pull her out of the water, the propeller of the boat injures her.She sues the boat owner for negligence.

A)The reason res ipsa loquitur does not apply is that the injury was caused by an unavoidable accident.
B)The reason res ipsa loquitur does not apply is that the propeller was in the exclusive control of the boat.
C)The reason res ipsa loquitur applies is that an accident of this kind was more likely than not due to someone's carelessness.
D)The reason res ipsa loquitur does not apply is that it is as likely that Lena was careless as it is that the boat was careless.

Question 23

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
the owner of the car is liable for harm caused by the driver

Question 24

With liability insurance

A)The insurer agrees to cover damages unless comparative negligence bars recovery.
B)The insurer agrees to pay, on behalf of the insured, damages the latter is obligated to pay to a third party because of his or her legal liability to the third person for committing a tort or other wrong.
C)The insurer can refuse to pay damages incurred by the insured if the latter's negligence is determined to be gross.

Question 25

A/an ________ is a promise by a physician to achieve a particular cure or other result.

Question 26

Someone who has assets with which to pay a judgment is said to have ________.

Question 27

Medical malpractice

A)is the failure of a doctor to exercise the skills commonly applied by doctors in any field
B)is the failure of a doctor to exercise the skills commonly applied by doctors in the same field under the same circumstances
C)is the failure of a doctor to exercise the highest skills applied by doctors in the same field under the same circumstances
D)is the failure of a doctor to exercise the skills always applied by doctors in the same field under the same circumstances

Question 28

In negligence a breach of duty is

A)reasonableness as determined by an ordinarily prudent person
B)compliance with a statute that imposes a safety measure
C)unreasonable conduct endangering someone to whom you owe a duty of care
D)unreasonable conduct whether or not a duty of reasonable care is owed

Question 29

An attorney loses a client's case because of a failure to file the complaint before the running of the statute of limitations.

A)The client can win a legal malpractice action against the attorney if the client was not contributorily negligent.
B)The client can win a legal malpractice action against the attorney if the client can establish that the case would have been won if the complaint had been filed on time.
C)The client can win a legal malpractice action against the attorney regardless of the merits of the underlying case that was lost due to the statute of limitations.

Question 30

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
an assumption or theory to be proved

Question 31

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
mutual right of control

Question 32

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
conduct a reasonable person would take to avoid injury

Question 33

A risk-benefit analysis

A)requires a finding of breach of duty for substantial harm
B)cannot apply in a state that uses the Andrews test for duty
C)is also called proximate cause
D)determines whether the risks outweigh the benefits

Question 34

________ is the right to have another person pay you the full amount you were forced to pay.

Question 35

Bill is forty years old, but has a mental disability that prevents him from understanding the danger in sharp objects.He plays with such objects as a five-year-old would play with, such as a beach ball.One day he sees his friend Kevin coming down the street.Bill is holding a knife that he took from his brother.When Kevin approaches, Bill throws the knife at Kevin and shouts "Catch." Bill is surprised and confused when he finds out that the knife seriously wounds Kevin.Kevin sues Bill for negligence.

A)Bill will be held to the standard of a reasonable person with the mental disability that Bill has.
B)Bill will be held to the standard of a reasonable person who has the basic knowledge and intelligence needed in everyday life, even though Bill lacks both.
C)Bill will be held to the standard of a reasonable five-year-old person.
D)Bill will be strictly liable for engaging in an inherently dangerous activity.

Question 36

The failure of a doctor to provide informed consent on proposed treatment may lead to a/an ________ claim, although more often the claim is negligence.

Question 37

A presumption

A)always removes the case from the jury
B)is an inference or assumption of fact that can be drawn when another fact or set of facts is established
C)must be accepted by the fact finder
D)by definition cannot be overcome

Question 38

Under the ________ rule, the amount of damages caused by the tortfeasor shall not be reduced by any injury-related funds received by the plaintiff from sources independent of the tortfeasor.

Question 39

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
each defendant is responsible individually and together

Question 40

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
a method by which something is assessed or measured

Question 41

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
having assets to pay a judgment

Question 42

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
professional misconduct by doctors

Question 43

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
one of the circumstances to be weighed

Question 44

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
only the employee is liable due to this deviation

Question 45

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
medical procedures performed primarily to prevent litigation

Question 46

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
how a business or profession has acted in the past

Question 47

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
requiring someone else to pay you the amount you were forced to pay

Question 48

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
measuring something solely by what one individual did, knew, etc.

Question 49

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
deciding whether the risks outweigh the benefits

Question 50

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
the failure to use the reasonable care that was owed

Question 51

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
the employer answers for the tort of the employee

Question 52

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
funds obtained independent of the tortfeasor

Question 53

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
carelessly monitoring an incompetent person

Question 54

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
the thing speaks for itself

Question 55

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
a promised result

Question 56

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
third party encourages parties to settle

Question 57

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
liability without fault

Question 58

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
losing party pays other side's attorney fees

Question 59

MATCHING
a.reasonable care
b.breach of duty
c.hypothesis
d.risk-benefit analysis
e.standard
f.res ipsa loquitur
g.joint and several liability
h.custom
i.frolic
j.subjective standard
k.negligence per se
l.factor
m.joint enterprise
n.family purpose doctrine
o.respondeat superior
the jury must find that there was negligence

Question 60

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
knowing and voluntary agreement

Question 61

Define legal malpractice.

Question 62

Who is liable for paralegal negligence?

Question 63

What is the function of a screening panel?

Question 64

Define reasonable person.

Question 65

Distinguish between mediation and arbitration.

Question 66

What happens when a plaintiff establishes the elements of a res ipsa loquitur case?

Question 67

What is a conspiracy of silence in litigation?

Question 68

Explain why we say that reasonableness is a comparative standard.

Question 69

What happens if the violation of a statute is excused?

Question 70

When does a physician-patient relationship arise?

Question 71

What is the practice of defensive medicine?

Question 72

Distinguish between a national standard and the same-or-similar-community standard in the standard of care required of doctors.

Question 73

What is meant by going bare?

Question 74

Distinguish between damage caps and fee caps.

Question 75

Explain how the breach-of-duty equation helps determine what a reasonable person would have done.

Question 76

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
the employer is responsible for the tort of the employee

Question 77

When is a defendant vicariously liable for the torts committed by an independent contractor that the defendant hires?

Question 78

Distinguish between the reasonable patient standard and the reasonable doctor standard in determining whether a patient has provided informed consent.

Question 79

MATCHING
a.medical malpractice
b.deep pockets
c.warranty
d.strict liability
e.informed consent
f.defensive medicine
g.collateral source
h.negligent supervision
i.mediation
j.English rule
k.legal malpractice
l.indemnity
m.respondeat superior
professional misconduct by attorneys