4420 rmi final
11 * Logan bought a new gas grill and used it a half dozen times within the first month of purchase without incident. When he next used the grill a week later, the grill exploded injuring Logan. It was determined a faulty igniter that didn't conform to specifications was the cause of the explosion. What type of product defect is Logan most likely to successfully assert in his lawsuit against the manufacturer of the grill? - A) Defect in manufacture/assembly. - B) Defect in design. - C) Failure to warn. - D) Misuse of product.
A
14 * Joe lost the hearing in his left ear as the result of a car accident and sued the responsible party for his loss of hearing. What type of monetary damages will be used to compensate Joe for his hearing loss? - A) General damages - B) Nominal damages - C) Punitive damages - D) Special damages
A
16 * Which of the following statements concerning joint tortfeasors is/are true? - A) Under the common law, if more than one person was responsible for a plaintiff's injuries, all tortfeasors were held jointly and severally liable for the full amount of the plaintiff's damages. - B) The joint and several liability rule is increasingly favored by courts in response to an increase in lawsuits filed against "deep-pockets" defendants who often do little to contribute to a plaintiff's injuries but end up having to pay the entire award.
A
20 * Which of the following statements concerning class action lawsuits and mass tort litigation is/are true? - A) A class action lawsuit is a lawsuit where an individual, or small group of people, represent the interests of an entire class of people in litigation. - B) Courts allow class action lawsuits for breach of contract cases, but not for tort litigation, because of the lack of commonality between tort litigation plaintiffs.
A
3 * Which one of the following statements regarding the General Data Protection Regulation (GDPR) is true? - A) The GDPR stipulates data can't be kept any longer than necessary to do the job. - B) The GDPR is a comprehensive set of data protection rules established under U.S. law. - C) The fundamental premise of the GDPR is individuals don't own their personal data. - D) The GDPR requires data breaches to be reported to authorities and individuals within 30 days.
A
5 * Which of the following statements concerning legal liability is/are true? - A) Under some circumstances, an individual can be held legally liable despite not having committed an act of simple or willful negligence. - B) The court in Rylands v. Fletcher refused to extend the doctrine of strict liability for certain activities that occur on real property.
A
10 * Which of the following statements concerning general negligence and strict liability cases over products liability is/are true? - A) In general negligence cases involving products liability, the plaintiff must establish the manufacturer failed to use reasonable care in designing or manufacturing the product that caused the injury. - B) In strict liability cases, the manufacturer's conduct is irrelevant; it only matters the product had a defect that made it unreasonably dangerous.
B
12 * In most jurisdictions, a plaintiff in a products liability case is permitted to recover damages based on strict liability for each of the following, EXCEPT - A) Bodily injuries - B) Consequential damages - C) Property damages - D) Punitive damages
B
15 * Which of the following statements regarding damages for wrongful death is/are true? - A) Damages for wrongful death actions are the same regardless of the relationship of the decedent to the plaintiff. - B) Under common law, if the injured person or tortfeasor died, the right to sue also died; this harsh result led to the creation of survival statutes.
B
19 * Which one of the following statements regarding the Foreign Corrupt Practices Act is true? - A) It improved U.S. international business by imposing fines on foreign companies caught making brides to U.S. officials. - B) It was instigated by an SEC investigation uncovering U.S. companies making illegal payments to foreign government officials to secure or maintain business. - C) It protects corporate employees and officers from penalties associated with illegal foreign business practices. - D) It prohibits manipulation of stock prices of foreign subsidiaries of U.S. corporations.
B
6 * What is the justification for imposing strict liability on those who engage in ultrahazardous activities? - A) The activity creates an attractive nuisance. - B) The activity exposes others or their property to the risk of substantial damage. - C) Ultrahazardous activities are expressly prohibited by law. - D) Such activities always reduce the values of neighboring properties.
B
8 * A leak at a chemical plant next to Mark's farm contaminated the water and killed half his cows. What cause of action does Mark have against the owners of the chemical plant? - A) Products liability - B) Toxic tort action - C) Trespass - D) Ultrahazardous activities
B
9 * Most products liability lawsuits are based on each of the following legal principles, EXCEPT - A) Breach of warranty - B) Assumption of risk - C) Misrepresentation - D) Strict negligence
B
1 * Which one of the following statements best describes how federal and state cybersecurity laws differ? - A) The California Consumer Privacy Act (CCPA) is modeled after federal privacy standards. - B) The primary purpose of federal laws is to fill in gaps left by state laws. - C) State laws generally provide wider coverage than federal laws. - D) State laws supersede provisions outlined in federal law.
C
13 * Abby was injured in a car accident and sued the responsible party for medical bills of $6,000, lost wages of $2,500, and $20,000 for pain and suffering. The jury only awarded Abby special damages. How much was Abby's jury award? - A) $2,500 - B) $6,000 - C) $8,500 - D) $10,000
C
18 * Which one of the following statements regarding the Good Samaritan doctrine is true? - A) They exempt a person from liability for acts of gross negligence when rendering gratuitous aid to an injured person. - B) They only provide protection against wrongful death claims. - C) They have been adopted in all U.S. jurisdictions. - D) They only protect individuals who render aid to injured people if they receive compensation for services rendered.
C
7 * Patty, a beekeeper, established several beehives in her back yard. Her neighbor, Julia, is concerned the bees will get loose and swarm her property. If Patty's bees escape, which of the following legal concepts/doctrines may result in Patty being held legally liable for any resulting damages? - A) Artificial conditions - B) Reckless endangerment - C) Ultrahazardous conditions - D) Unintentional (simple) negligence
C
17 * Randy was making deliveries for his employer when he was involved in a car accident. It was determined Randy was 75% responsible for this loss. The other driver filed suit against both Randy and his employer. What legal liability concept justifies the plaintiff filing suit against Randy's employer? - A) Comparative negligence. - B) Joint and several liability. - C) Negligent entrustment. - D) Vicarious liability.
D
2 * While all 50 states require organizations to notify individuals of security breaches to their personally identifiable information, under which one of the following circumstances will a state waive this notification requirement? - A) If the company collected the data prior to 1996. - B) If local law prohibits such notification. - C) If doing so would provide an undue burden on the company. - D) If the stored data is encrypted.
D
4 * Which one of the following is considered a best practice organizations should follow to establish a culture of data security and cybersecurity? - A) Collect and store as much data as possible to build a complete profile of customers. - B) Publicly call out employees who contribute to security breaches as a way of deterring future employee mistakes. - C) Appoint a committee to be in charge of data security for the organization. - D) Establish an online privacy policy that explains how collected personal information will be used.
D
