Deck 2: Negligence

Question 1

Contrary to popular belief, the largest amounts of damages have been awarded to businesses rather than people bringing lawsuits.

Answer 1

True

Question 2

Which of the following is not one of the factors the reasonable person uses to determine how to behave in any given situation?

A) Social value of the behavior
B) Amount of effort needed to prevent the injury
C) Foreseeability of special damages
D) None of these choices.

Answer 2

C

Question 3

Breach of duty is defined as

A) legal obligation.
B) the obligation to do something.
C) failure to act in a prudent manner.
D) actions that fall below a certain standard of care.

Answer 3

D

Question 4

Foreseeable plaintiffs theory asks:

A) Did the tortfeasor intend to injure the plaintiff?
B) Was it reasonably foreseeable that the person hurt would be injured as a result of the tortfeasor's actions?
C) Should the tortfeasor have known that his or her actions would cause a specific type of injury?
D) This concept applies to intentional torts, not negligence.

Question 5

Which of the following is not an element of negligence?

A) Duty of care
B) Damages
C) Foreseeability
D) All of these choices.

Question 6

Liam parked his car on a hill. He forgot to engage the parking brake. The car slipped out of gear, rolled down the hill, and crashed into Wen Ting's restaurant, injuring three customers. To whom did Liam owe a duty of reasonable care?

A) Himself
B) Wen Ting
C) The three customers
D) Both Wen Ting and the three customers

Question 7

Substantial factor analysis is a form of direct causation.

Question 8

Proximate cause is defined in terms of duty.

Question 9

There is no duty to come to the assistance of those in need.

Question 10

Most negligence cases are based on

A) an affirmative duty or act owed to another that is improperly performed.
B) a failure to act.
C) an unreasonable act based on a special relationship.
D) None of these choices.

Question 11

Generally, people who are mentally ill are not held to the reasonable person standard.

Question 12

Nominal damages are awarded in situations in which no actual damages have occurred.

Question 13

Scope of duty is defined in terms of the foreseeability of injury to the victim.

Question 14

Negligence requires intent to commit a harmful act.

Question 15

If the tortfeasor's actions resulted in the victim's injuries, then the tortfeasor was the

A) actual cause of the victim's harm.
B) cause-in-fact of the victim's harm.
C) cause ex ante of the victim's harm.
D) cause-in-law of the victim's harm.

Question 16

When a single tortfeasor causes injury, he or she is jointly and severally liable.

Question 17

In malpractice cases, the standard of care is commonly defined by

A) expert testimony.
B) the special skills and training of the defendant's profession.
C) a national standard.
D) None of these choices.

Question 18

To commit negligence, the tortfeasor must breach his or her duty of care.

Question 19

Negligence may be broadly defined as

A) the failure to exercise the highest standard of care to avoid injuring others or their property.
B) the failure to exercise reasonable care to avoid injuring others or their property.
C) a complete disregard for the safety and welfare of others.
D) being careless.

Question 20

In a negligence lawsuit, who usually decides how the reasonable person would have acted?

A) The judge
B) The jury
C) The arbiter-of-law
D) The trier-of-fact

Question 21

Substantial factor analysis states that

A) the tortfeasor is liable for injuries to the victim if the tortfeasor reasonably should have known that his or her actions would cause injuries.
B) the tortfeasor did not intend to cause the injuries.
C) the tortfeasor is liable for injuries to the victim when the tortfeasor's actions were a substantial factor in producing the harm.
D) to set the plaintiff's damages, the court considers how substantially the victim was hurt and how much of a factor the defendant played in causing the harm.

Question 22

Indemnity is

A) the sharing of payment for a debt (or judgment) among persons who are all liable for the debt.
B) a contract to reimburse another for actual loss suffered.
C) the right of a person who has paid an entire debt (or judgment) to get back a fair share of the payment from another person who is also responsible for the judgment.
D) the obligation to share payment of a debt (or judgment) when several persons are liable for the debt.

Question 23

Damages for the loss of the enjoyment of life, or value of life, are called

A) punitive damages.
B) compensatory damages.
C) hedonic damages.
D) actual damages.

Question 24

Proximate cause is

A) the zone within which the plaintiff's injury was reasonably foreseeable as a consequence of the defendant's behavior.
B) the chain of events linking the tortfeasor's conduct to the victim's injury.
C) unforeseeable harm.
D) All of these choices.

Question 25

Which of the following describes the theory of joint and several liability?

A) When multiple defendants act together to injure the plaintiff, all defendants are liable for the harm.
B) But for the defendant's actions, the plaintiff's injury would not have happened.
C) When multiple defendants combine to injure the plaintiff, a single defendant is liable if his or her actions were a substantial factor in producing the harm.
D) None of these choices.