Chapter 9

__________________ assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior a. Express b. Explicit c. Extenuating d. None of the above

A.

In typical negligence cases, courts rarely award punitive damages, or __________________ damages, which are imposed to punish the offender and deter others from committing similar offenses. a. Exigent b. Exemplary c. Compensatroy d. Consequential

B.

The negligence ________________ (literally, "negligence in or of itself") doctrine applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs. a. Pro se b. Per se c. Per diem d. Pro hac vice

B.

To use the _______________ doctrine successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm. a. Comparative negligence b. Assumption of the risk c. Negligence per se d. Last-clear-chance

B.

If the defendanat successfully proves ___________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages a. Strict liability b. Comparative negligence c. Contributory negligence d. Negligence per se

C.

The ______________ doctrine allows the plaintiff to recover damages, despite proof of contributory negligence, the plaintiff will be denied any recovery of damages a. Strict liability b. Comparative negligence c. Contributory negligence d. Negligence per se

C.

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions? a. How likely was it that the harm would occur? b. How socially beneficial was the defendant's conduct that posed the risk of harm? c. Does the defendant in the subject litigation have a prior criminal record, and if so, what is the nature of the prior criminal record (both in terms of the number and types of prior criminal offenses)? d. What costs would have been necessary to reduce the risk of harm?

C.

Which of the following is not an essential element of negligence? a. Duty b. Breach of Duty c. Intent to cause harm d. Damages

C.

_____________ is also known as "cause in fact," while ______________ is sometimes referred to as "legal cause" a. Factual causation; subject causation b. Subject causation; factual causation c. Actual cause; proximate cause d. Proximate cause; actual cause

C.