Deck 2: Foreseeability in Tort Law

Question 1

You determine whether something was foreseeable from hindsight-by examining all of the facts after they have occurred.

Answer 1

False

Question 2

Which factors are not used in an assessment of the foreseeability of an event?

A) preparation analysis
B) specific sensory data
C) legal research
D) area and activity analysis

Answer 2

C

Question 3

An objective standard exists when something is measured by what a particular person actually knew, felt, or did.

Answer 3

False

Question 4

The reasonable person test is an objective standard.

Question 5

When you ask whether someone should have known something, you are applying a/an ________ standard.

Question 6

The spectrum of foreseeability

A) covers a range from highly unusual to a certainty
B) is determined by the jury
C) is determined by the judge
D) depends on an assessment made after the fact

Question 8

Name eight categories of inquiry that can be used to assess the foreseeability of something.

Question 9

When you ask whether someone actually knew something, you are applying a/an ________ standard.

Question 12

What are the two tests for intent?

Question 15

What do we mean when we say something is foreseeable?