True/False
Indicate whether the
statement is true or false.
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1.
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Negligence requires intent to commit a harmful
act.
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2.
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Scope of duty is defined in terms of the
foreseeability of injury to the victim.
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3.
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The tortfeasor must breach his or her duty of care
to commit negligence.
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4.
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Duty is the obligation to either do or not do
something.
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5.
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Proximate cause is defined in terms of the
foreseeability of injury.
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6.
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Substantial factor analysis is a form of direct
causation.
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7.
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Res ipsa loquitor means “the thing
speaks for itself.”
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8.
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When a single tortfeasor causes injury, he or she
is jointly and severally liable.
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9.
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Compensatory damages are commonly awarded in
negligence cases.
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10.
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A negligent tortfeasor is absolutely liable for the
injuries caused.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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Negligence may be best 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 | e. | None of the above |
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12.
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Which of the following is not an element of
negligence?
a. | Duty of reasonable care | b. | Breach of duty | c. | Causation | d. | Proximate
cause | e. | All of the above are negligence
elements |
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13.
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Conrad parked his car on a hill. He forgot to
engage the parking brake. The car jumped out of gear, rolled down the hill, and crashed into
Alfred’s restaurant, injuring three customers. To whom did Conrad owe a duty of reasonable
care?
a. | Alfred | b. | The three customers | c. | Himself | d. | Both A and
B | e. | Both B and C |
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14.
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The scope of duty is usually defined in terms
of
a. | Reasonable foreseeability | b. | Intent | c. | State of
mind | d. | Habit | e. | None of the above |
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15.
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Foreseeable plaintiff’s theory
asks
a. | Did the tortfeasor intend to injure the
plaintiff? | b. | Was it reasonably
foreseeable that the person hurt would be the 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. |
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16.
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Under common law negligence, reasonable care is
defined by
a. | Experience | b. | Statute | c. | The reasonable
person standard | d. | The judge’s
preference | e. | None of the
above |
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17.
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In a negligence lawsuit, who most often decides how
the reasonable person would have acted?
a. | The appellate courts | b. | The state legislature | c. | The
arbitrator-of-law | d. | The
trier-of-fact | e. | None of the
above |
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18.
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In malpractice cases, the standard of care in
commonly defined by
a. | A national standard of care | b. | Expert testimony | c. | The special skills
and training of the defendant’s profession | d. | All of the above | e. | None of the
above |
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19.
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Duty is defined as
a. | Legal obligation | b. | Failure to diagnose | c. | Abandonment | d. | All of the
above | e. | C and D only |
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20.
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The following might be examples of medical
malpractice:
a. | Lack of informed consent | b. | Failure to diagnose | c. | Abandonment | d. | All of the
above | e. | C and D only |
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21.
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Another name for special damages is
a. | Consequential damages | b. | General damages | c. | The
verdict | d. | None of the above |
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22.
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Substantial factor analysis states
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. |
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23.
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Joint and several liability is similar to which
type of causation?
a. | Strict liability | b. | Substantial factor analysis | c. | Intentional causation | d. | Unintentional
causation |
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24.
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Proximate cause is best defined as
a. | But for the tortfeasor’s actions, the victim would
not have been harmed | b. | The tortfeasor
intended to cause the victim’s injuries | c. | The
tortfeasor’s actions were a substantial factor in producing the victim’s
injuries | d. | The tortfeasor’s actions that cause a reasonably
foreseeable injury to the victim’s injuries |
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25.
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Proximate cause is sometimes called
a. | Strict liability | b. | The law of cause and effect | c. | Legal cause | d. | Res ipsa
loquitur |
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26.
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When a victim has a peculiar health condition that
is reasonably foreseeable, and the tortfeasor injures the victim, the courts call this
a. | Res ipsa loquitur | b. | Proximate cause | c. | Taking the victim
as you find him | d. | Taking the victim
as you leave him | e. | None of the
above |
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27.
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Which type of damages are rarely awarded in
negligence cases?
a. | Compensatory | b. | Punitive | c. | Exemplary | d. | Both A and
B | e. | Both B and C |
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28.
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Under res ipsa loquitor, which of the
following statements is true?
a. | The defendant’s negligence is
presumed | b. | The defendant was in exclusive control over the action
or object that injured the plaintiff | c. | The defendant is
in the better position to prove his or her lack of negligence than the plaintiff is to prove
negligence | d. | All of the
above | e. | None of the above |
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29.
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In which type(s) of cases would res ipsa
loquitor most commonly be used?
a. | Medical malpractice | b. | Motor vehicle accidents | c. | Slip-and-fall
cases | d. | All of the above | e. | None of the above |
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30.
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What negligence concepts do many courts
combine?
a. | Causation and proximate cause | b. | Duty and injury | c. | Damages and scope
of duty | d. | Reasonable care and proximate
cause | e. | None of the above |
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