BLAW 3201 Exam 1
a
Curtis Williams was employed by Highway Construction Engineering Corporation (HCEC). HCEC was contracted to excavate a traffic tunnel for the State of New Jersey, and Curtis was assigned to work on this excavation project. While working on the excavation of the tunnel, Curtis breathed in very harmful debris resulting from the demolition of the tunnel for the excavation. By breathing in the debris, Curtis suffered a debilitating lung disorder. Williams sued HCEC for damages resulting for breathing in the debris. If HCEC asserts that it has no duty to protect Curtis's safety, will it be successful? a. No, because HCEC owes a duty of care to Curtis to take reasonable steps to protect Curtis from the foreseeable risk of harm to his health posed by the excavation of the tunnel. b. No, because HCEC has a contractual duty with the State of New Jersey. c. Yes, because HCEC was not responsible for the debris. d. Yes, because HCEC owes no duty to Curtis
c
Daniel has surgery on his stomach. A few weeks later, he has pain in his stomach. Doctors find a scalpel in his stom-ach. If Daniel wants to sue the surgeon for his injuries: a. he will lose, because it will be impossible for him to prove that the scalpel wasn't in his stomach before the surgery. b. he will lose, because the surgeon has no duty to him. c. he will probably win if the court allows him to use the res ipsa loquitur doctrine. d. he will win based on the last clear chance rule.
d
Dr. Otis performed non-emergency oral surgery on John's mouth to remove John's wisdom teeth. During the surgery, Dr. Otis negligently cut John's gums and caused severe bleeding in John's mouth. The cut to John's gums caused severe scarring and pain in John's mouth, and his wisdom teeth remained in place. If John sues Dr. Otis for negligence, what standard of care will be evaluated in analyzing Dr. Otis's negligence? a. Reasonable person standard. b. Average person standard. c. Subjective standard of care. d. The same standard of care as members of Dr. Otis's profession.
d
Dylan believes that his neighbor, Nancy, is improperly erecting a fence on Dylan's property. Despite efforts to get Nancy to stop the construction of the fence, she refuses. Dylan then sues Nancy and seeks only an injunction from a court to stop the fence's construction. What type of judicial relief is Dylan seeking from the court? a. damages. b. criminal. c. restatement of the law. d. equity
a
Find a dead mouse at the bottom of a freshly opened bottle of soda pop is an example of when ____________ may be applied. a. res ipsa loquitur . b. battery. c. assault. d. ipso facto
d
Four sources of law in the U.S. legal system are: a. constitutional law, criminal law, civil law, and maritime law. b. federal law, state law, international law, and maritime law. c. statutory law, case law, equity, and common law. d. constitutional law, judicial law, legislative law, and administrative law
c
If Nina, while riding a motorcycle, carelessly runs into Allen, a pedestrian who is crossing the street within the cross-walk, Nina is liable in negligence for: a. offensive contact if her motorcycle touches Allen's coat, even if there is no damage to the coat. b. offensive contact if her side mirror brushes against Allen, even if there are no physical injuries to him. c. physical injuries Allen sustains from the collision because Nina's negligent conduct proximately caused harm to a legally protected interest. d. All of these are correct.
b
If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors, and the activity is not one of common usage, it is: a. proximate cause. b. abnormally dangerous. c. res ipsa loquitur. d. None of these are correct.
c
If the State of Michigan passed laws that regulate the ensuring of free and impartial municipal elections, which essential function of the law do these laws serve? a. Protection of the legal circle. b. Maintain minority rights. c. Preservation of the state. d. Private ownership of property.
B
If the Supreme Court of the U.S. is examining state legislation under provisions of theU.S. Constitution, the Constitution would be paramount under what principle? a. The principle of stare decisis would specify that state legislation is independent of the U.S. Constitution in areas of conflict b. The status of the U.S. Constitution of the supreme law of the land. c. The Court would apply the preponderance of the evidence to the matter to determine supremacy. d. The state legislation would be supreme to the U.S. Constitution under the principle of federalism.
d
If the case of Johnson v. Texas was decided by the United States Supreme Court, where would the opinion of the court be published? a. Pacific Reporter. b. South Western Reporter c. Atlantic Reporter d. U.S. Supreme Court Reports
c
In Caldwell v. Bechtel, Inc., Caldwell sued Bechtel for damages related to work that Caldwell performed for Bechtel as part of the metropolitan subway system in Washington D.C. To avoid liability, Bechtel argued that: a. it owed a duty to Caldwell, but did not owe damages to Caldwell. b. Caldwell failed to meet his burden of proof beyond a reasonable doubt. c. did not owe a duty to reasonable care to protect Caldwell's safety. d. owed a duty only to ensure that Caldwell was contractually paid.
b
In Klein v. Pyrodyne Corporation, the main issue in this case was: a. whether Pyrodyne was negligent in their actions in setting up the fireworks display. b. whether a company that sets off fireworks for a public display is subject to strict liability for injuries that happen as a result of the activity. c. whether Pyrodyne Corporation could foresee the injuries that occurred to the Kleins at the fireworks display. d. whether people who attend a fireworks display assume the risk of injury from stray fireworks.
c
In Love v. Hardee's Food Systems, Inc. the main issue in this case was: a. whether the restaurant has a duty of care to trespassers who slip and fall on the floor. b. whether the owner or possessor of property is liable for hiring staff members who fail to keep the bathroom floors clean and dry at all times. c. whether the owner or possessor of property is liable to an invitee if the owner knew, or should have known of a dangerous condition and failed to take action to fix it, barricade people from it, or warn people of it and an invitee was injured due to the condition. d. whetherthe owner or possessor of property should keep the floors dry at all times.
a
In Palsgraf v. Long Island RR. Co., the main issue in this case was: a. whether the actions of the rail road employees, assisting a passenger to board a moving train, violated the rights of Mrs. Palsgraf. b. whether the train platform was negligently constructed leading to Mrs. Palsgraf's injury. c. whether the railroad employees were negligent in how they helped the male passenger on to the train. d. whether the train was moving too fast at the time the man boarded the train.
a
In Palumbo v. Nikirk, the main issue in this case was: a. whether the owners of a dog were strictly liable when their dog bit a postal carrier if the owners were unaware that the dog would bite. b. whether the owners of a dog had a duty of care to the postal carrier at the house next door. c. whether postal carriers assume the risk of dangerous dogs when they deliver the mail door to door. d. whether the owners of a dog of a certain breed are liable for all actions of their dog.
a
In Ryan v. Friesenhahn, the main issue in this case was: a. whether the parents had a duty of care to children that attended a party at their home when alcoholic beverages were made available to underage drinkers, creating a case of negligence per se. b. whether parents are liable for the actions of their children. c. whether the son of the house was liable for the damages owing to alcoholic beverages served to those who were under the legal age. d. whether Sabrina Ryan's death was due to her contributory negligence.
b
In general terms, the person who is sued in a civil lawsuit is the: a. plaintiff. b. defendant. c. bailiff. d. reporter.
d
Javier is 20 years old and has a slight mental disability that prevents him from learning at the same pace as others. On his way home from college class, Javier accidentally ran a red light and crashed into Katie's car, causing Katie's car to be inoperable. If Katie sues Javier for negligence, can Javier be held liable? a. No, because defendants with mental disabilities cannot be sued for negligence. b. No, because Javier's mental disability caused a delayed reaction time to the red light. c. Yes, because Javier intentionally crashed into Katie. d. Yes, because Javier's mental disability is not considered in determining whether Javier was negligent, and Javier is not a child.
c
Jay intentionally pushed Bob into a fence negligently erected by Slade around Slade's swimming pool. The fence caved in and Bob nearly drowned. Who is liable? a. Slade because of his negligent conduct. b. Slade because Jay's conduct would be foreseeable. c. Jay because of his intentional intervening conduct. d. Slade and Jay because they both contributed to the harm.
duty to invitees son slipped and fell in the bathroom- needed surgeries
LOVE vs Hardee's food systems inc is an example of what type of case
a
Paul and Sasha started a grill with charcoal for Sasha's backyard barbecue and left it uncovered. Then Sasha went into the kitchen to tenderize the meat. While Sasha was inside, Paul leaned over to pull a weed out of the grass and hit the grill, knocking the coals onto his leg. In a pure comparative negligence state, who is liable? a. Sasha is liable for Paul's injuries in proportion to the degree of fault or negligence found against her. b. Sasha is liable for ALL of Paul's injuries. c. Paul's negligence bars any recovery from Sasha. d. Sasha is liable for Paul's injuries because it is her house.
d
Proximate Cause in negligence cases is also known as: a. The matter-of-fact test. b. The true-cause test. c. The but-for test. d. Foreseeability.
b
Rachel attends weekly major league baseball games with her boyfriend. One day, she gets hit in the head by a foul ball. If Rachel sues the baseball stadium for negligence related to the damages she sustained from the ball hitting her head, but the stadium prevails, what would be the stadium's winning defense? a. res ipsa loquitur b. implied assumption of the risk. c. no intent. d. none of these are correct.
a
Rex was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Gary's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Rex's best argument against liability to Gary would be: a. it was not foreseeable that the lawn mower would explode. b. the damage was not caused by the leaf but by the gasoline. c. the leaf was not a substantial factor in causing the damage. d. the gasoline in the lawn mower is a superseding cause of the damage.
a
Sarah is having a new sidewalk installed in front of her home. She negligently leaves the public sidewalk without a fence, sign, or other warning while under excavation. During the evening, Zach falls into the hole in the sidewalk. The darkness of night is: a. an intervening cause of harm to Zach. b. a superseding cause of harm to Zach. c. a risk that Zach assumes. d. makes Zach contributorily negligent.
a
Sometimes the reasonable person standard of conduct may be established by legislation. An unexcused violation of that statute which causes an injury to another is: a. negligence per se. b. supervening event. c. res ipsa loquitur. d. contributory negligence.
d
Sources of state law include all but which of the following? a. Rules of state administrative agencies. b. Decisions of state courts. c. Executive orders of the Governor. d. Hearings before Congress.
c
Stuart has been charged with burglary of an apartment building. The prosecutor must prove Stuart's guilt: a. by a preponderance of the evidence. b. by the greater weight of the evidence. c. beyond a reasonable doubt. d. beyond a shadow of a doubt.
beyond a reasonable doubt
Stuart has been charged with burglary of an apartment building. the prosecutor must prove Stuart's guilty
c
The Constitution of the United States puts into place which central principle of our government? a. Vagrancy laws. b. Inquisitorial system. c. Separation of powers. d. Miranda warnings.
d
The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations? a. A chair broke when a customer sat down on it, but the customer wasn't injured. b. A chandelier fell on a patron's head in the restaurant dining room. c. A golfer on a golf course was hit in the head with a stray shot golfball. d. The situations with a chandelier falling and the golfer are both correct.
c
The pure comparative negligence doctrine is applied by some states to: a. eliminate recovery for plaintiffs that failed to exercise reasonable care. b. encourage plaintiffs not to file suit if they made poor choices. c. divide the damages between the parties according to their fault. d. All of these are correct.
b
The reasonable person standard is: a. external and subjective. b. external and objective. c. internal and subjective. d. internal and objective.
c
The remedies available to a judge of an equity court include all of the following except: a. reformation. b. specific performance. c. stare decisis. d. injunction.
b
To prove a case of negligence against a defendant the plaintiff must prove: a. negligence per se. b. duty of care, breach of duty, factual cause, and harm within the scope of liability. c. intentional infliction of injury. d. malice aforethought.
b
Wendy sued Greg for a breach of contract, but the trial court found in favor of Greg. If Wendy chooses to appeal her case, her party status on appeal is known as: a. defendant. b. appellant. c. appellee. d. loser.
d
What duty of care is owed by a possessor of land to adult trespassers? a. The possessor of land must take reasonable care to keep adult trespassers safe. b. The possessor of land is only responsible to keep himself safe. c. The duty of the possessor of the land extends only to those who are on the land. d. The possessor is not liable to adult trespassers for failure to maintain land in a reasonably safe condition.
d
When applying substantive law the court considers what sort of legal rights? a. The agreements between or among independent nations. b. The rules of procedure that spells out the method to obtain a remedy in court. c. The Restatements of the law created by the ALI. d. The rules that regulate legal rights, such as contract law under a binding contract.
a
Which of the following is a function of the law in the United States? a. Maintain stability while simultaneously permitting change. b. Preserving the right of landholders to control the government. c. To establish a governmentally headed religion. d. To create a monarchy.
c
Which of the following is a remedy that can only be obtained from a court acting in its powers of equity? a. Evidence. b. Money damages. c. An injunction. d. Stare decisis.
d
Which of the following is a special relationship giving rise to a duty to act to aid or protect one in peril? a. Hotel and guest b. Cousin to cousin c. School principal and student d. Hotel and guest, and school principal and student
b
Which of the following is not required for the plaintiff to prove in an action for negligence? a. Breach of duty b. Superseding event c. Injury d. Cause
b
Which one of the following is true of a suit brought under civil law? a. It must be brought by the government. b. The purpose is to compensate the injured party. c. Proof must be "beyond a reasonable doubt." d. Conviction may result in imprisonment.
court of equity injunction
a court order requiring a party to do or refrain from doing a specified act
physical disability
a disabled person's conduct must conform to that of a reasonable person under the same disability
duty of care
a legal duty requiring the defendant to conform to the standard of conduct established for the protection of others
mental disability
a mentally disabled person is held to the reasonable person standard
substantive law
a new state law, passed by the legislature mandates that all employers must prohibit employee texting in employer vehicles. the law further provides that any employer who allows an employee to text in its vehicles is subject to a court order requiring the employer to enforce the law. this law is a matter of?
negligence
a person is under a duty of all others at all times to exercise reasonable care for the safety of the others' person and property
c
a. Restatements of law. b. statutes. c. executive orders. d. codes.
duty of care breach of duty factual cause harm scope of liability
actions for negligence
civil law
alex has sued wendy for failure to pay rent for their apartment. which body of law will govern the suit?
rescission
an action for _________ of a contract allowed a party to invalidate a contract under certain circumstances
superseding cause
an intervening act that relieves the defendant of liability
right
capacity of a person with the aid of law to require another person or persons to perform or to refrain from performing a certain act
ryan vs friesenhahn
case about negligence
two types of judicial law
common law equity
public law
constitutional administrative criminal
equity specific performance
court of _________ for a breach of a land contract, the buyer could obtain a decree of ____________________ commanding the defendant seller to perform his part of the contract by transferring title to the land
substantive law
creates, defines, and regulates legal rights and duties
comparative negligence
damages are divided between parties in proportion to their degree of negligence; applies in almost all states
reasonable person standard
degree of care that reasonable person would exercise under all circumstances
soldano vs o'daniels yes because it is a public establishment
does a business establishment incur liability for wrongful death if it denies use of its telephone to a good Samaritan who explains an emergency situation occurring without and wishes to call the police?
equity
dylan believes that his neighbor, nancy is improperly erecting a fence on dylans property. despite efforts to get nancy to stop construction of the fence, she refuses. Dylan then sues nancy and seeks only an injunction from a court to stop the fences construction. what type of judicial review is dylan seeking from the court?
procedural law
establishes the rules for enforcing those rights that exist by reason of substantive law
forseeability
excludes liability for harms that were sufficiently unseen at the time of the defendant's tortuous conduct that they were not among the risks that made the defendant negligent
assumption of risk
express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases
contributory negligence
failure of a plaintiff to exercise reasonable care for his own protection, which in a few states prevents the plaintiff from recovering anything
Setting of public fireworks displays four of the six conditions under the Restatement test. It is an abnormal activity because it is not "of common usage" and it presents a high risk of serious bodily injury or property damage.
final decision of klein vs pyrodyne corporation
Ruled that it was not a triable issue due to no evidence of prior viciousness
final decision of palumbo vs nikirk
superior skill or knowledge
if a person has skills or knowledge beyond those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the person has acted with reasonable care
violation of statute
if statute is found to be applicable, the majority of the courts hold that an unexcused violation is negligence per se
US supreme court reports
if the cases of Johnson vs taxes decided by the us supreme court, where would the opinion of the court be published?
preservation of the state
if the state of michingan passed laws that regulate the ensuring of free impartial municipal election, which essential function of law do these laws serve?
decree (order)
important difference between law and equity: the chancellor could issue a ________ compelling a defendant to do or refrain from doing a specific act
example of sanctions in criminal cases
impositions of a fine, imprisonment, and capital punishment are examples of what principal
yes no if she was an adult bc of Texas social host liability
is a social host who serves alcoholic beverages to a minor liable in negligence for harm suffered by the minor as a result of the minors intoxication?
abnormally dangerous activities
klein vs pyrodyne corporation
strict liability
liability for non-intentional and nonnegligent conduct
scope of liability (proximate cause)
liability is limited to those harms that result from the risks that made the defendant's conduct tortious
sanctions
means by which the law enforces the decisions of the courts
Kitsmiller was negligent (51%) because he should have left the mounds over the septic tank and lateral lines. He also should have told the Moores where the septic tank was located (49%). On the other hand, Moore had the duty to watch where he was walking. He could have seen the sunken ground and possibly avoided the whole situation.
moore vs kitsmiller final decision
contributory negligence
moore vv kitsmiller is an example of what type of case
children
must conform to conduct of a reasonable person of the same age, intelligence, and experience under all circumstances
contributory negligence
not a defense to strict liability
duty
obligation the law imposes upon a person to perform or to refrain from performing a certain act
scope of liability (proximate case)
palsgraf vs long island railroad co is an example of what type of case
keeping of animals
palumbo vs nikirk is an example of
res ipsa loquitur "the thing speaks for itself"
permits the jury to infer both negligent conduct and causation
appellant
person who appeals a case
plaintiff
person who files the suit
assumption of risk
plaintiff's express consent to encounter a known danger; some States still apply implied assumption of the risk
remedy
procedural law defines the method by which one may obtain a ________ in court
administrative law
rules, regulations, orders, and decisions made by administrative agencies
duty to act
soldano vs o'daniels is an example of what type of case
comparative negligence
some states apply this doctrine to some strict liability cases
legislative law
statutes adopted by legislative bodies; including treaties and executive orders
abnormally dangerous activity
strict liability is imposed for any activity that liability is imposed for any activity that 1. creates a foreseeable and highly significant risk of harm and 2. is not one of common usage
keeping of animals
strict liability is imposed for wild animals and usually for trespassing domestic animal
separation of powers
the constitution of the united states puts into which central principle of our government?
factual cause harm would not have occurred absent the conduct
the defendant failed to exercise reasonable care in fact caused the harm the plaintiff sustained
justice
the fair, equitable, and impartial treatment of competing interests with due regard for the common good
inquisitorial system
the judiciary initiates litigation investigates pertinent facts, and conducts the presentation of evidence
burden of proof
the plaintiff bringing the has the __________ which he must sustain by a preponderance of the evidence
standard for emergencies
the reasonable person standard applies, but an unexpected emergency is considered part of the circumstances
example of sanctions in civil cases
the seizure and sale of the property of debtor who fails pay a court ordered obligation (judgement) is an example of what
stare decisis -decisions of previous courts
to stand by the decisions
two types of legislative law
treaties executive orders
forseeability superseding cause
two types of scope liability
court of equity reformation
upon the ground of mutual mistake, contracting parties could bring an action to reform or change the language of a written agreement to conform to their actual intentions
appellant
wendy sued greg for a breach of contact, but the trial court found in favor of greg. if wendy chooses to appeal her case, her party status on appeal is known as
common equity legislative administrative
what are the 4 types of law
hardee's food systems found negligent for 125,000
what was the decisions in LOVE vs Hardee's food systems inc?
injury was not forseeable
what was the final decision in palsgraf vs long island railroad co
equity law
body of law based upon principles distinct from common law and providing remedies not available at law
common law
body of law developed by the courts and equity based upon principled distinct from common law and providing remedies not available at law
c
"Factual cause" in negligence cases is also known as: a. The matter-of-fact test. b. The true-cause test. c. The but-for test. d. The foreseeability test.
abnormally dangerous activity keeping of animals
2 activities that give rise to strict liability
a
A law is: a. a rule of civil conduct prescribed by the supreme power in a state. b. any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it. c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct. d. rules and regulations of federal and state administrative agencies
d
A new state law, passed by the legislature, mandates that all employers must prohibit employee texting in employer vehicles. The law further provides that any employer who allows an employee to text in its vehicles is subject to a court order requiring the employer to enforce the law. This law is a matter of: a. common law. b. procedural law. c. administrative law. d. substantive law
d
After reviewing the chapter, how would you compare the business law topics governed by the common law versus those that are governed largely by statute? a. While some business law topics are governed by statutory law, most areas of commercial law have remained governed by common law. b. All matters of commercial law are governed by the Uniform Commercial Code. c. All matters of commercial law are governed by treaties in the United States. d. While some business law topics still are governed by common law, most areas of commercial law have become largely statutory.
forseeability example Albert would be liable to Calvin bc Albert should have realized that his negligent driving might result in a collision that would endanger a pedestrian nearby. Betsy, however, was beyond the risks posed by albert's driving and is not liable to Betsy
Albert is negligently driving an automobile and collides with a car carrying dynamite. Albert is unaware of the contents of the other car and has no reason to know about them. the collision of the causes the dynamite to explode, shattering glass in a building a block away. the shattered glass injures Betsy, who was inside the building and Calvin, who is walking on the sidewalk near the building. Who, if anyone, is Albert liable for? What is this an example of?
c
Andrew purchased an original oil painting, but the painter refused to deliver the work of art. If he seeks to get an order to have the painting delivered. He will request an order for: a. separation of powers. b. an injunction. c. specific performance. d. reformation.
specific performance
Andrew purchased an original oil painting, but the painter refused to deliver the work of art. if he seeks to get an order to have the painting delivered. he will request for?
d
A decision of one of the U.S. District courts would be recorded in the: a. Federal Reporter. b. Supreme Court Reporter. c. North Western regional reporter. d. Federal Supplement
contributory negligence comparative negligence assumption of risk
3 defenses to negligence
children physical disability mental disability superior skill or knowledge standard for emergencies violation of statute
6 types of reasonable person standard
d
Next month, Mexico seeks to enter into a treaty with the State of Texas over water rights involving the Rio Grande. Is this treaty constitutional under the U.S. Constitution? a. Yes, because Mexico and Texas share the Rio Grande as a boundary. b. Yes, because Mexico is an independent nation. c. No, unless it is entered into directly between the President of Mexico and Governor of Texas. d. No, a treaty is an agreement among independent nations and Texas is not an independent nation
c
Nick is a crop-duster and sprayed pesticide on Ray's crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on Ray's neighbor's side of the fence and contaminated the feed for the chickens. The chickens died and the neighbor sues. What is the likely result? a. Nick is not liable because he was not negligent in his spraying operation. b. Nick is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. c. Nick is liable because spraying pesticides is an abnormally dangerous activity. d. Ray is not liable for the damage because of contributory negligence.