True/False
Indicate whether the
statement is true or false.
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1.
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Contributory negligence is recognized in all 50 states.
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2.
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If you voluntarily participate in a dangerous activity, knowing the risks, and
get harmed you generally can’t sue for injuries.
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3.
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Proximate cause simply means that the negligent party was in the same proximity
of the party that was injured.
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4.
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Negligence is the accidental tort that occurs most often.
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5.
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In order to be found negligent it must be proved that the defendant owed the
plaintiff a duty of care.
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6.
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If the plaintiff is proven to have been more than 50 percent responsible for the
damages the plaintiff can still collect compensation.
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7.
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If you keep a dangerous animal as a pet you will be liable for any injury caused
by that animal even if it isn’t your fault.
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8.
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If a person is the plaintiff in a civil lawsuit and they die the lawsuit is
ended.
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9.
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If a car salesman takes a boat in on trade and then sells the boat and it is
later found to be defective the salesman is guilty of product liability.
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10.
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A business can be sued for product liability only if they manufacturer the
defective item.
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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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Paul got in a taxi at LAX and asked the driver to take him to the Hilton.
After a few blocks it was apparent to Paul that the driver was intoxicated. However, before
Paul could get the driver to stop they were hit by a streetsweeper. Paul received extensive
injuries because of the accident. Paul could sue for negligence because the driver failed to
provided
a. | reasonable conveyance | c. | objectivity | b. | duty of care | d. | personal
responsibility |
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12.
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In order to prove negligence you must prove all of the following
except
a. | duty of care | c. | contractual acceptance | b. | breached duty of
care | d. | proximate
cause |
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13.
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According to the reasonable person test you have to be
a. | considerate to others | c. | negligence beyond a reasonable doubt | b. | responsible for your
actions | d. | as careful as a
reasonable person in the same situation |
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14.
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Lexi was on vacation and decided to parasail even though she was aware that it
was dangerous. While in the air Lexi was hit by a whooping crane and injured badly. Lexi
attempted to sue the whooping crane, the boat driver and the boat owner. She could not prevail
because she
a. | had assumed the risk | c. | the whooping crane died | b. | could not prove duty
of care | d. | had not signed a
contract |
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15.
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Gina and her buddies went ice fishing on Lake Madison. While in
Rachel’s icehouse they got cold and started a bonfire. The ice quickly melted and Gina
and her buddies all fell into the water but were quickly rescued by some volunteer firemen responding
to the smoke and thankfully no one was harmed. Gina sued Rachel but was not successful because
she
a. | could not prove who started the fire | c. | was not harmed | b. | was guilty of
contributory negligence | d. | assumed the risk |
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16.
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Jesse, Badger and Skinny Pete were out for a drive when Badger started feeling
ill. Badger asked to be left at the nearest gas station and said he would call his Mom to come
and pick him up. While waiting at the gas station Badger was struck by lighting and
killed. Badger’s Mom had no case against Jesse because she could not prove
a. | that Jesse was the proximate cause for Badger’s injury | c. | that Jesse was
aware of the lighting storm | b. | that Jesse owed a duty of care to
Badger | d. | that Skinny Pete
wanted to sit in the front seat |
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17.
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Gustavo works in a dynamite factory. He sometimes forgets to check his
pockets at the end of the work day and has accidentally brought home three dozen sticks dynamite in
the last two months. The dynamite is stored in a safe, dry spot in his basement. One day
while Gustavo is at work Agent Schrader serves a search warrant on his house. In the process of
searching the house Agent Schrader kicks the dynamite setting off a massive explosion. Agent
Schrader’s wife could successfully sue Gustavo because
a. | Gustavo took the dynamite out of the factory against company rules | c. | because of product
liability | b. | of strict liability | d. | of neglect |
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18.
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Crazy Karl is a logger and the company that he works for is struggling
financially. Because of their financial situation the company has not replaced worn out safety
equipment. Crazy Carl is up topping a 150 tree and his safety belt breaks and unfortunately he
falls to his death. Mrs. Karl is able to sue the tree company because of
a. | wrongful death statues | c. | proximate cause statues | b. | strict liability
statutes | d. | assumption of risk
statutes |
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19.
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Stella Liebeck was successful in her lawsuit because she was able to prove
a. | that strict liability meant it didn’t matter who was at fault when she was
injured. | c. | that survival statutes made the a suit viable | b. | that she
wasn’t negligent consuming the beverage | d. | that the restaurant acted in a reasonable
manner. |
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20.
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While Kirby was driving south on the highway he was talking on his phone and
eating some chicken nuggets. At the same time Lisa was driving north on the same highway
putting on some makeup and chain smoking. Alternate matter cannot coexist in the same space so
a collision occurred. Lisa was unsuccessful in her lawsuit against Kirby because
a. | of comparative negligence | c. | she could not prove proximate
cause | b. | of assumption of risk in driving a car | d. | she was driving on an expired drivers
license |
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21.
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Kylie was concerned about living on her own in the city so she bought herself a
guard dog named Cujo. Cujo is very good at his job of protecting Kylie and their home.
Kylie forgot her lunch at home so she calls her friend Enrique and asks him to stop by her home and
to pick up her lunch forgetting about Cujo. Unfortunately for Enrique he becomes lunch.
Kylie could be sued for negligence because she
a. | forgot to mention Cujo to Enrique | c. | forgot her
lunch | b. | breached her duty of care to Enrique | d. | didn’t license Cujo with the
city |
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Matching
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a. | Negligence | f. | Strict Liability | b. | Proximate Cause | g. | Reasonable | c. | Contributory
Negligence | h. | Objective | d. | Comparative Negligence | i. | Foreseeable | e. | Assumption of
Risk |
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22.
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When someone knows the risk involved and still takes the chance of being
injured
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23.
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Moderate, fair and rational
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24.
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When the defendant can show that the victim did something that helped cause
their own injuries
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25.
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Uninfluenced by emotions or personal prejudices
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26.
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Some activities are so dangerous that liability will always follow any injury
from those activities
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27.
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When one person carelessly injures another
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28.
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Link between the negligent conduct and injury are recognized by the law
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29.
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To see or know beforehand
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30.
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When the carelessness of each party is compared to the carelessness of the
other party
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