Question 1

Under certain conditions, the wrongful acts of one person can be attributed to another person. This practice is called
A) imputed negligence.
B) mediation.
C) comparative negligence.
D) strict liability.

Accepted Answer

Imputed negligence is the practice of attributing the wrongful acts of one person to another under certain conditions, such as when an employee commits a wrongful act in the course of their employment and the employer is held responsible. Mediation is a voluntary process in which a neutral third party helps parties in a dispute reach a settlement. Comparative negligence is a legal doctrine that apportions fault between parties in a lawsuit based on their relative degrees of fault. Strict liability is a legal doctrine that holds a party accountable for damages regardless of fault or intent.

Question 2

Which of the following statements about comparative negligence laws is (are) true?
I.Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages.
II.Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

Statement I is false because under the pure rule, negligence by the plaintiff does not automatically bar recovery for damages. It only reduces the amount of damages that can be recovered. 
Statement II is true under the 50 percent rule, where parties who are equally at fault are each allowed to recover damages.

Question 3

All of the following are elements of negligence EXCEPT
A) the ability to pay damages.
B) the failure to perform a legal duty to use reasonable care.
C) damage or injury to a claimant.
D) proximate cause between the negligent act and the injury or harm that occurs.

Accepted Answer

The ability to pay damages is not an element of negligence. The other choices are all elements of negligence: failure to perform a legal duty to use reasonable care, damage or injury to a claimant, and proximate cause between the negligent act and the injury or harm that occurs.

Question 4

Under common law, which of the following persons is most likely to be classified as an invitee?
A) a mail carrier
B) a social guest
C) a door-to-door salesperson
D) a solicitor for a charitable organization

Accepted Answer

An invitee is someone who is invited onto the property for the business purposes of the owner. A mail carrier would be most likely to be classified as an invitee because they are there to deliver mail as part of their job duties. The other options are not typically on the property for business purposes, and therefore would not be considered invitees under common law.

Question 5

All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT
A) The injured party has not contributed to the accident in any way.
B) The injured party must prove negligence on the part of the defendant.
C) The event is one that normally does not occur in the absence of negligence.
D) The defendant has exclusive control over the instrumentality causing the accident.

Accepted Answer

In fact, the injured party does not have to prove negligence on the part of the defendant in order for the doctrine of res ipsa loquitur to apply. The doctrine assumes negligence on the part of the defendant based on the circumstances of the event, which includes the occurrence of an event that normally does not happen without negligence and the defendant's exclusive control over the instrumentality causing the injury. The injured party's lack of contribution to the accident is also a requirement for the doctrine to apply.

Question 6

Which of the following statements about the immunity of governmental entities is (are) true?
I.Governmental entities are more likely to be immune from liability when performing proprietary functions than when performing governmental functions.
II.Many courts have eliminated the immunity of government entities.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

The answer of Which of the following statements about the...

Question 7

A common situation involving strict liability includes which of the following?
A) operating a motor vehicle
B) blasting operations
C) manufacturing a product
D) mining operations

Accepted Answer

Strict liability often applies to inherently dangerous activities, such as blasting operations, where harm can occur even when all precautions are taken.

Question 8

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?
A) vicarious liability
B) the last clear chance rule
C) contributory negligence
D) the assumption of risk doctrine

Accepted Answer

The last clear chance rule holds that a negligent plaintiff can still recover damages from a defendant who had a clear opportunity to avoid the accident, even if the plaintiff was also negligent. In this scenario, Philip had a clear opportunity to avoid the accident by stopping even though Nancy was also negligent in running the stop sign. Therefore, Nancy can recover damages from Philip under the last clear chance rule.  Vicarious liability relates to a situation where one party is held responsible for the actions of another party who caused the harm, which does not apply here. Contributory negligence holds that if the plaintiff contributed to their own injury, they cannot recover damages, which also does not apply here. The assumption of risk doctrine holds that if the plaintiff knowingly participated in an activity that carried a risk of harm, they cannot recover damages if they are subsequently injured, which also does not apply here.

Question 9

Which of the following is an intentional tort?
A) slander
B) negligence
C) strict liability
D) murder

Accepted Answer

Slander is an intentional tort as it involves making false and damaging statements about someone with the intention of harming their reputation. Negligence and strict liability are not intentional torts, as they involve unintentional harm or liability for harm regardless of intent. Murder is a criminal offense and not a tort.

Question 10

Which of the following are legal obligations of a property owner with respect to an invitee?
I.The property owner must warn an invitee of any unsafe conditions.
II.The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

Under the common law duty of care, property owners owe a duty to their invitees to warn them of any unsafe conditions on the property and to inspect the premises to eliminate any dangerous conditions that are revealed by the inspection.

Question 11

Failure to exercise the degree of care required by law to protect others from harm is called
A) premeditated liability.
B) vicarious liability.
C) punitive damages.
D) negligence.

Accepted Answer

Failure to exercise the degree of care required by law to protect others from harm is called negligence. Premeditated liability refers to intentional wrongdoing, vicarious liability refers to a situation where a person is responsible for the actions of another, and punitive damages refer to damages intended to punish the defendant and deter future wrongdoing.

Question 12

Heather sued Robert for injuries suffered in an automobile accident. Based on the facts presented, the jury concluded that Heather was 40 percent at fault in the accident and Robert was 60 percent at fault. Under the common law doctrine of contributory negligence, the jury should award Heather
A) nothing.
B) 40 percent of her actual damages.
C) 60 percent of her actual damages.
D) 100 percent of her actual damages.

Accepted Answer

Under the common law doctrine of contributory negligence, if the plaintiff (Heather) is found to be at all at fault, even just partially, she would be barred from recovering any damages from the defendant (Robert). Therefore, Heather would be awarded nothing.

Question 13

A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example of
A) general damages.
B) comparative negligence.
C) an intentional tort.
D) strict liability.

Accepted Answer

Strict liability is a legal doctrine that holds a person or entity responsible for any harm caused by their actions, regardless of fault or negligence. This typically applies to situations involving dangerous activities or products, where the risk of harm is inherent and cannot be entirely eliminated. Unlike with other types of liability, such as negligence or intentional torts, the plaintiff in a strict liability case does not need to prove that the defendant was at fault for their injury.

Question 14

Damages awarded for losses that can be determined or measured are
A) special damages.
B) general damages.
C) punitive damages.
D) comparative damages.

Accepted Answer

Special damages are awarded for losses that can be determined or measured, such as medical expenses or lost wages. General damages, on the other hand, are awarded for non-monetary losses such as pain and suffering. Punitive damages are awarded to punish a defendant for intentional or reckless behavior, and comparative damages are a system of evaluating fault in a case.

Question 15

Which of the following statements about monetary damages awarded by a court is (are) true?
I.The purpose of general damages is to provide benefits for medical expenses or loss of earnings.
II.The purpose of punitive damages is to punish the tortfeasor so that others are deterred from committing the same wrongful act.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

II is correct because punitive damages are indeed intended to punish the defendant for particularly harmful behavior and to deter similar actions in the future. I is incorrect because general damages are meant to compensate for non-monetary aspects such as pain and suffering, not for specific economic losses like medical expenses or lost earnings, which are covered by special damages.

Question 16

Which of the following statements about the elements of negligence is (are) true?
I.The negligence of the tortfeasor may arise from a failure to act.
II.The damage that results must be in the form of property damage.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

Option I is correct as negligence can arise from a failure to act. However, option II is incorrect as the damage that results could be physical injury, emotional harm or financial loss, not just property damage.

Question 17

Which of the following may give rise to imputed negligence?
A) employer-employee relationships
B) injury to a trespasser
C) sole proprietorships
D) attractive nuisance situations

Accepted Answer

The answer of Which of the following may give rise...

Question 18

What is the intent of the family purpose doctrine?
A) to impose liability on children for the care of elderly parents
B) to impose liability on the owner of an automobile for the negligence of immediate family members operating the automobile
C) to impose liability on a parent for any negligence caused by a child
D) to impose strict liability on the owner of a wild animal for any injuries caused by the animal

Accepted Answer

The intent of the family purpose doctrine is to impose liability on the owner of an automobile for the negligence of immediate family members operating the automobile. This is because the doctrine assumes that the owner has given permission and entrusted the vehicle to their family member, therefore making them responsible for any harm caused by their use of the vehicle.

Question 19

Which of the following statements about the legal obligations of a property owner is (are) true?
I.A property owner must inspect the premises for the benefit of an invitee and correct any unsafe conditions.
II.A property owner has the right to set a trap designed to injure a trespasser.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

Statement I is true as property owners have a legal duty to ensure that their premises are safe and free from any hazards that may cause harm to invitees (guests) on their property. This includes regularly inspecting the premises for any unsafe conditions and taking corrective action. However, statement II is false. Property owners do not have the legal right to intentionally harm or injure trespassers, even if they may be on the property unlawfully. Setting a trap designed to harm someone is illegal and would result in liability for the property owner.

Question 20

Which of the following statements about torts is (are) true?
I.The person who is injured or harmed by a tort is called a plaintiff or claimant.
II.The punishment for committing a tort is damages in the form of money.
A) I only
B) II only
C) both I and II
D) neither I nor II

Accepted Answer

Both I and II are true statements about torts. The person who is injured or harmed by a tort is called a plaintiff or claimant, and the punishment for committing a tort is damages, which are often awarded in the form of money.

Quiz 19: The Liability Risk

Under certain conditions, the wrongful acts of one person can be attributed to another person. This practice is called

Which of the following statements about comparative negligence laws is (are) true? I.Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages. II.Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.

All of the following are elements of negligence EXCEPT

Under common law, which of the following persons is most likely to be classified as an invitee?

All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT

A common situation involving strict liability includes which of the following?

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?

Which of the following is an intentional tort?

Which of the following are legal obligations of a property owner with respect to an invitee? I.The property owner must warn an invitee of any unsafe conditions. II.The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.

Failure to exercise the degree of care required by law to protect others from harm is called

Heather sued Robert for injuries suffered in an automobile accident. Based on the facts presented, the jury concluded that Heather was 40 percent at fault in the accident and Robert was 60 percent at fault. Under the common law doctrine of contributory negligence, the jury should award Heather

A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example of

Damages awarded for losses that can be determined or measured are

Which of the following statements about the elements of negligence is (are) true? I.The negligence of the tortfeasor may arise from a failure to act. II.The damage that results must be in the form of property damage.

Which of the following may give rise to imputed negligence?

What is the intent of the family purpose doctrine?

Which of the following statements about the legal obligations of a property owner is (are) true? I.A property owner must inspect the premises for the benefit of an invitee and correct any unsafe conditions. II.A property owner has the right to set a trap designed to injure a trespasser.

Which of the following statements about torts is (are) true? I.The person who is injured or harmed by a tort is called a plaintiff or claimant. II.The punishment for committing a tort is damages in the form of money.