Question 1

What does the term "negligence per se" mean literally?

Accepted Answer

Negligence per se means literally,"negligence in or of itself." This doctrine helps plaintiffs succeed in negligence cases.

Question 2

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Accepted Answer

The reasonable person standard is a measurement of the way members of society expect an individual to act in a given situation.To determine the defendant's duty of care,the judge or jury must determine the degree of care and skill that a reasonable person would exercise under similar circumstances.The judge or jury then uses this standard to evaluate the actions of the individual in the case.

Question 3

Cause in fact is also known as ________ cause.

Accepted Answer

Actual cause is the first element of causation required for a successful negligence claim.It is also known as cause in fact.

Question 4

The violation of a duty of care is called ________.

Accepted Answer

Once the plaintiff has established that the defendant owes her a duty of care,she must prove that the defendant's conduct violated that duty.This violation is called a breach of duty.

Question 5

Why are punitive damages awarded?

Accepted Answer

In typical negligence cases,courts rarely award punitive damages,or exemplary damages,which are imposed to punish the offender and deter others from committing similar offenses.

Question 6

Which of the following refers to the extent to which,as a matter of policy,a defendant may be held liable for the consequences of his actions?

Accepted Answer

Proximate cause is the second element of causation required for a successful negligence claim.Proximate cause,sometimes referred to as legal cause,refers to the extent to which,as a matter of policy,a defendant may be held liable for the consequences of his actions.

Question 7

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

Accepted Answer

Damages are the final required element of a negligence action.The plaintiff must have sustained a compensable injury as a result of the defendant's actions.Because the purpose of tort law is to compensate individuals who suffer injuries as a result of another's action or inaction,a person cannot bring an action in negligence seeking only nominal damages.Rather,a person must seek compensatory damages,which are those damages intended to reimburse a plaintiff for her or his losses.

Question 8

When would a plaintiff use the doctrine of res ipsa loquitur?

Accepted Answer

Res ipsa loquitur literally means "the thing speaks for itself." The plaintiff uses res ipsa loquitur to allow the judge or jury to infer that,more likely than not,the defendant's negligence was the cause of the plaintiff's harm,even though there is no direct evidence of the defendant's lack of due care.

Question 9

Which of the following are elements of causation?

Accepted Answer

Causation is the third element of a successful negligence claim,and it has two separate elements: actual cause and proximate cause.

Question 10

Tina negligently hits student Susie with her car.Susie,rendered unconscious from the impact,is lying on the street.Which of the following is a correct statement regarding whether Tina has a legal duty to come to the aid of Susie after the accident?

Accepted Answer

In most situations,the law holds that individuals have no legal duty to rescue strangers from perilous situations.In some cases,however,the courts hold that individuals have a legal duty to aid strangers in certain types of peril.For example,if Sam negligently hits Janice with his car and,as a result,Janice is lying in the street,Sam has a legal duty to remove her from that dangerous position.

Question 11

Assuming res ipsa loquitur applies,what is the effect of that doctrine?

Accepted Answer

Assuming the elements needed to establish res ipsa loquitur are satisfied,the burden of proof shifts to the defendant,who must prove that he was not negligent to avoid liability.

Question 12

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

Accepted Answer

The plaintiff has the burden of proving all four elements of a negligence case.Direct evidence of negligence by the defendant,however,is not always available.For example,there may have been no witnesses to the negligent conduct,and other evidence may have been destroyed.Therefore,two doctrines have been adopted by courts to aid plaintiffs in establishing negligence claims: res ipsa loquitur and negligence per se.

Question 13

Proximate cause is also sometimes referred to as ________.

Accepted Answer

Proximate cause is the second element of causation required for a successful negligence claim.It is sometimes referred to as legal cause.

Question 14

Courts usually award punitive damages in cases in which the offender has committed ________.

Accepted Answer

In the context of negligence,courts usually award punitive damages in cases in which the offender has committed gross negligence,an action committed with extreme reckless disregard for the property or life of another person.

Question 15

While driving her car down the street,Susan sees a child playing near the road with no adult supervision.Which of the following is most likely a correct statement regarding Susan's duty,if any,to the child?

Accepted Answer

In most situations,the law holds that individuals have no duty to rescue strangers from perilous situations.

Question 16

Which of the following is true regarding the law of negligence in Germany?

Accepted Answer

In Germany,a defendant may be found not liable by reason of unconscious negligence.Unconscious negligence occurs when the defendant is either unaware that the act constitutes an offense or unaware that the act is occurring at all.

Question 17

________ cause is sometimes referred to as "but-for" causation.

Accepted Answer

Courts commonly determine whether a breach of duty actually caused the plaintiff's injury by asking whether the plaintiff would have been injured if the defendant had fulfilled his or her duty.If the answer is no,then the actual cause of the plaintiff's injury was the defendant's breach.Actual cause is sometimes referred to as "but-for" causation because the plaintiff argues that the damages she suffered would not have occurred but for (except because of)the actions of the defendant.

Question 18

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence action against the professional referred to as a ________ case.

Accepted Answer

Clients who feel that they have suffered damages as a result of a professional's breach of her duty of care can bring a negligence action against her.These actions are frequently referred to as malpractice cases.

Question 19

In most states,proximate cause is determined by ________.

Accepted Answer

In most states,proximate cause is determined by foreseeability.Proximate cause is said to exist only when both the plaintiff and the plaintiff's damages were reasonably foreseeable at the time the defendant breached his duty to the plaintiff.Thus,if the defendant could not reasonably foresee the damages that the plaintiff suffered as a result of his action,the plaintiff's negligence claim will not be sustained because it lacks the element of proximate causation.

Question 20

________ cause is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury.

Accepted Answer

Actual cause is the first element of causation required for a successful negligence claim.It is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury.

Quiz 7: Tort Law