Chp 7

25 July 2022
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42 test answers

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question
Palsgraf v. Long Island Railroad Co. addressed the issue of furnishing alcohol to minors.
answer
false
question
A landowner's highest duty is owed to invitees.
answer
true
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Courts recognize a tort of negligently retaining a violent employee.
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true
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A defendant who engages in pile driving is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable
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false
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Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.
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true
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Contributory negligence is followed in most states.
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false
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While hunting, Roger enters onto Virgil's property without permission and is injured by a falling, dead tree limb. Under the common law, Virgil is liable for Roger's injuries.
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false
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Most state legislatures have passed legislation to reimburse crime victims directly through the state government.
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false
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Tort law is not concerned with how to respond to injury caused by criminals, as this would be addressed by criminal law.
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false
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Most states recognize some form of comparative negligence.
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true
question
Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.
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true
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A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk if she files suit to recover for her injuries.
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true
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If the law denies all liability for harm done by tortious or criminal activity, no one will have to pay for the harm.
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false
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Dram shop laws impose liability on those who commercially serve alcohol for injuries caused by their intoxicated patrons.
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true
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In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.
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false
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Silas asks his friend Shelby over to go fishing at his pond. If he fails to warn her that the dock has a rotten spot and she falls through and is injured, Silas would be held liable in most states.
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true
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Economists analyzing legal issues by studying externalities have concluded dram shop laws are ineffective.
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false
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In a negligence case, the plaintiff must establish:
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duty of due care, breach, causation, foreseeable harm, and injury.
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In most states dram acts apply to:
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liquor stores, bars, and restaurants but not to social hosts.
question
Arturo drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Arturo sued Vincent. The jury found that Arturo's fault contributed 20 percent to the collision and determined that his total loss was $100,000. Under comparative negligence, the jury should award Arturo:
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$80,000
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Negligence concerns harm that:
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arises by accident
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In Hernandez v. Arizona Board of Regents, the court held that individuals who:
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carelessly provide alcohol to minors can be held liable for damages for resulting injury to third parties.
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Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy, but suffered partial brain damage by being submerged without oxygen for a number of minutes. Bob now sues Kelly for negligence for failing to save him. Bob will:
answer
lose because Kelly had no legal duty to rescue him.
question
One morning, Miles placed a thumbtack on the chair of the office manager where he worked. He had no quarrel with the office manager, but thought this would be funny. Two days after sitting on the tack, the office manager was hospitalized with an infection caused by the tack. Which of the following is correct?
answer
Miles committed an intentional tort.
question
A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff?
answer
Res ipsa loquitur.
question
Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and had been a faithful employee for nearly 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming it should have been aware of Wayne's growing frustration with work. The company's best defense will be:
answer
that there was no way to foresee that the incident would happen.
question
Which of the following acts resulting in injury would be negligence per se?
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All the above acts are negligence per se. a. Janet driving 40 mph over the posted speed limit. b. Ted keeping explosives in his private, locked garage without complying with state law regulating the storage of such materials. c. A retailer selling glue containing benzene to a 14-year-old boy in violation of state law.
question
Which of the following statements regarding a negligence case is correct?
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A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.
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Under a state law, a dog owner is absolutely liable to any person who is injured by a dog. This is an example of:
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strict liability
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If a court applies res ipsa loquitur:
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the defendant has the burden of proving he or she is not liable.
question
Kelley climbed a fence and went ice skating on a neighbor's recently dug pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries?
answer
IT may depend on Kelley's age
question
Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. The most likely result would be:
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Kyle will not collect any damages since he did not sustain any damages.
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Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip would:
answer
lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.
question
In a comparative negligence state, if the plaintiff in a negligence lawsuit is found to be 30 percent negligent, the plaintiff would recover:
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70 percent of the damages.
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The Supreme Court of California in Wiener v. Southcoast Childcare Centers, Inc.:
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required application of a different standard for third-party criminal acts versus acts of ordinary negligence.
question
A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.
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an invitee; of reasonable care.
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Tommie, a six-year-old child, was seriously injured when he stuck a fork into an electrical outlet. His parents sued the restaurant where the incident occurred, claiming it should have had child protective guards on the outlets. Whether the restaurant is liable will be dependent upon whether:
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the incident was reasonably foreseeable.
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Laura, a brain surgeon, committed a negligent act when she ran a red light and injured Randy, a pedestrian crossing the street. Randy was a mentally impaired adult.
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Both Laura's and Randy's conduct will be based on the "reasonable person" standard.
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Punitive damages are awarded:
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to punish the defendant.
question
The test of "foreseeability" is generally used to determine the existence of which element of a negligence case?
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duty of due care
question
Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?
answer
An ultrahazardous activity is involved.
question
Don was driving his truck when a board fell out of the truck bed and onto the road. Alice, who was driving behind Don's truck, tried to avoid the board, swerved and struck a telephone pole, causing her severe injuries. Which of the following is correct?
answer
In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability.