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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To commit negligence, the tortfeasor must breach
his or her duty of care.
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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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“Cause in fact” is the test for whether
the defendant’s misconduct produced the plaintiff’s injuries.
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7.
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A Good Samaritan is a person who comes to the aid
of another.
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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 one of the
four elements of negligence?
a. | Duty of reasonable care | b. | Breach of duty | c. | Causation | d. | Proximate
cause | e. | Both C and D |
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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 slipped 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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The foreseeable plaintiffs theory asks which of the
following?
a. | Did the plaintiff foresee being injured by the
defendant? | b. | Was it reasonably
foreseeable that the person hurt would be injured as a result of the
tortfeasor’s
actions? | c. | What statute applies to this
incident? | d. | Does this concept apply to intentional
torts? | e. | None of the above |
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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, which of the following
most often decides how the reasonable
person would have acted?
a. | The appellate courts | b. | The state legislature | c. | The
arbiter-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 is
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. | the obligation to do
something. | b. | the obligation to
not do something. | c. | all of the
above. | d. | none of the
above. |
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20.
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The reasonable person standard asks which of the
following?
a. | Whether a reasonable person in the same or similar
circumstances would have acted as the tortfeasor did | b. | Whether a person acted ethically | c. | Whether the tortfeasor adhered to religious
principles | d. | None of the
above |
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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
that
a. | the tortfeasor is liable for injuries to the victim if
the tortfeasor does not show regret
that his or her actions caused
injuries. | b. | the tortfeasor has no idea what caused 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 occurs
when
a. | there is strict liability. | b. | multiple tortfeasors are each held individually accountable to the
victim. | c. | there is no negligence. | d. | there is unintentional breach of care. |
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24.
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Proximate cause focuses on
a. | punitive damages. | b. | whether the injury itself was reasonably
foreseeable. | c. | both A and
B. | d. | neither A nor B. |
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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. | none of the
above. |
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27.
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Which type of damages is 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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Punitive damages are mostly awarded
in
a. | negligence cases. | b. | all cases. | c. | intentional tort
cases. | d. | automobile accident cases. | e. | none of the above. |
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29.
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Which of the following is true of a special
relationship between parties?
a. | It makes a party automatically
negligent. | b. | It has no affect
in negligence actions. | c. | It might create a
duty to act based upon the relationship. | d. | 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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