Torts Practice Exam
73. According to the court in Titus (Nypano car case), what weight does custom have in determining risk? a. 100% b. more than 50% c. some weight d. Jury considers custom after doing a BPL
A
31. When Justice Holmes said: "if for instance, a man is born hasty and awkward, is always having accidents and hurting himself or his neighbors, no doubt his consequential defects will be allowed for in the courts of Heaven, but his slips are not less troublesome to his neighbors than if they sprang from guilty neglect." This was an argument in favor of: a. Strict liability b. Objective standard of reasonable person c. Subjective standard of reasonable person d. Dimwit standard
B
11. Which of the following are tests for proximate cause a. Foreseeing the risk b. Intervening actors c. But for d. A and B
D
13. T or F Bob has no higher degree of care to a blind man than he would to a sighted man.
F
83. Seavey believes in the Direct Consequences approach to proximate cause.
F
20. T or F In a B<PL analysis, the Plaintiff needs the B to be as small as possible to impose negligence.
T
23. T or F The legislature codifies a common law rule that it is illegal to jaywalk. This is an example of a declaratory law.
F
3. T or F Objective standard is the legal jargon that embodies "best judgment".
F
52. T/F An infirm person is allowed to take advantage of his infirmity if he is the defendant.
F
6. T or F Brutus calls Popeye and tells him that he is coming over to beat him up. Brutus is likely liable for assaulting Popeye.
F
78. A defendant may be liable for an "act of omission" if the Defendant owes an affirmative duty to plaintiffs.
F
2. T or F A battery can be nonharmful.
T
79. There are situations in which you don't have a duty to act at all.
T
9. T or F The "error in judgment" standard for doctors is not widely accepted today.
T
63. The formulation that allows children to recover even though they are trespassers is (a) attractive nuisance doctrine (b)nudum pactum (c) trespassers cannot recover.
A
72. I live under one of the overpasses in Salt Lake City. One day, without warning, the construction crew on I-15 begins to blast the overpass, directly over my head. Due to the vibrations from the blasting, every single window in my house either cracks or breaks. Which of the following is the best way for me to recover for the damage to my property? a. Bring a strict liability action against the construction company claiming that blasting is an ultra-hazardous activity and demonstrating that the vibrations occurring from that ultra-hazardous activity broke my windows. b. Bring an action under negligence and claim that it is absolutely unreasonable for the construction company to work on an overpass that is over my roof. c. Bring an action under strict liability and claim the noise from the blasting broke my windows. d. Bring an action under negligence and claim that it is unreasonable to do blasting anytime or anyplace.
A
81. In Scott v. Shepard (squib case), if the plaintiff wants to recover only from the last person to touch the squib, the appropriate writ would be: a. Trespass b. Trespass on the case c. Either A or B d. Dampnum absequa non fit injuria
A
25. Using the same scenario above, Bob sues Abe under the laws of negligence: a. Bob must show that Abe's actions were either unlawful or that Abe was at fault for causing his injuries. b. Bob must show that Abe was at fault. c. Bob must show that Abe intended to harm It and in doing so transferred his intent to Bob. d. Abe must show that the injury was unavoidable.
B
38. Leroy Fibre, in what situation would Holmes grant no recovery but McKenna would: a. P stores hay in area destroyed by non-negligent sparks. b. P stores hay in area destroyed by negligent sparks. c. P stores hay in non-negligent area destroyed by non-negligent sparks. d. P stores hay in non-negligent area destroyed by negligent sparks.
B
50. Res ipsa loquitur means: a. And so it goes. b. The thing speaks for itself. c. Only time will tell. d. The superior is responsible for his agent
B
67. When Justice Holmes said: "If for instance, a man is born hasty and awkward, is always having accidents and hurting himself or his neighbors, no doubt his consequential defects will be allowed for in the court of Heaven, but his slips are not less troublesome to his neighbors than if they sprang from guilty neglect." This was an argument in favor of: a. Strict liability b. The objective standard of the reasonable person c. The subjective standard of the reasonable person. d. The dimwit standard. (Use for questions 81-83) Elsa is a lioness raised in captivity since birth. She has grown up around people and has no history of bad behavior.
B
18. T or F What is the significance of the bolded word "etc" in the following sentence in the Thorn's Case: " A man brought a writ of Trespass quare vi et armis clausum fregit, etc. et herbam suam pedibus conculcando consumpsit, [Roughly, why by force and arms he broke into the plaintiff's close and consumed his crops by trampling them with his feet] and allege the trespass in 5 acres, not guilty and as to the trespass in the 5 acres and the defendant said, as to the coming, etc. and as to the trespass in the 5 acres." a. "etc" is there just to add further confusion to an already incomprehensible sentence b. "etc" is an archaic medieval expression having no modern day translation c. "etc" was shorthand used by the clerk recording the transcript who felt the deleted language added nothing to the substance of the discussion. d. "etc" is just one of those inane and inconsequential points that Tommy loves to ruminate on.
C
47. Doctors are likely held to a standard that the "doctor must use that degree of skill and learning which is normally possessed and used by doctors in good standing in a similar practice in similar communities and under like circumstances." This is true for all of the following reasons discussed in class EXCEPT: a. People tend to pay greater respect to doctors because of the difficulty of the practice as opposed to someone just having to act as a reasonable person b. we need a doctrine that protects doctors because people know that they are insured and juries are sympathetic toward plaintiffs c. The nurses tend to be more negligent than the doctor, so people try to focus liability on them d. The medical field is quickly changing e. It is a noble profession and attracts high-minded people
C
76. In Palsgraf (passenger boards the moving train with package under his arm) which of the following tests of proximate cause was NOT raised: a. Foreseeability (harm within the risk) b. The substantial factor test c. The But For Test d. All of the above were raised in Palsgraf
D
Where one of two innocent persons must suffer loss, it should be borne by the one who occasioned it." This statement best describes the rule for intentional torts that: a. Even if setting a trap is lawful, the trapper must pay for harm done to an innocent victim. b. A wrongdoer is responsible for injuries if an act is unlawful, whether or not damage is foreseeable. c. If a man innocently cuts thorns, he is still liable for the trespass to his innocent neighbor. d. Although an insane person may not technically intend an act, it is better that the insane person pay for harm than for the victim of an insane person to pay.
D
11. Which of the following is not a valid defense to battery: a. Self defense b. Defense of others c. Consent d. Plaintiff's trespass to land e. None of the above
D Consent in the protected class might work but Battery is a worse answer.
42. In order to assume risk, you must have: a. A Free Choice to Take the Risk b. Always Have Been Warned by the Negligent D c. Have Knowledge of the Danger d. All of the Above e. A and C only
E
13. T or F I get pulled over for speeding when I am late to pick up a date. I will likely not be held liable if I can prove I thought I was acting as a reasonable person would that was late for a date.
F
15. T or F If you are a non-paying passenger in my car, under the Guest Statutes, I am liable to you when not using reasonable care while driving.
F
17. T or F If a defendant pleads "molitur manus" as a defense to a suit for assault and battery, it means that the plaintiff consented to a fight.
F
22. T or F George is in a wheelchair. He is going down the ramp to the law school when he notices Tommy walking on the sidewalk below. In an effort to wave to Tommy, George loses control of his wheelchair and is injured. He sues the law school because he claims the ramp was to steep, though it is built to code and many others in wheelchairs have used the ramp without a problem. The law school will probably still be liable.
F
26. T or F An infirm person is allowed to take advantage of his infirmity if he is the defendant.
F
27. T or F Chris is sixteen years old. He decides to light fireworks in an open field next to an elementary school. One of the fireworks goes out of control and hits a child at the school. Chris will likely be held to the standard of a reasonable sixteen year old in this situation.
F
28. T or F In accordance with the rules of professional sports, P has consented to injury from any blows administered during the course of the game, because of implied license.
F
3. T or F In Fletcher v. Rylands (reservoir floods neighbor), Judge Blackburn said Athe true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is natural of its escape.@ If I brought six twelve-year-olds on the property and one escapes and bites an old lady, Blackburn would likely believe me to be strictly liable.
F
30. T or F The measure of prudence varies so with the varying faculties of men, that it is impossible to say what is gross negligence with reference to the standard of what is called ordinary prudence.@ By Avarying faculties of men,@ the author is likely referring to an objective view of negligence.
F
36. T or F VJ Celebration case contradicts Jr Chamber of Commerce case because they both used exclusive control element of res ipsa, but came to different conclusions.
F
40. T or F The main difference between contributory negligence and comparative negligence is the amount of punitive damages one can recover.
F
44. T/F In an impure comparative negligence system, you can recover against negligent defendant if your at fault more than the defendant.
F
48. T/F There is a statute that gives a fine of $5 for not tying up your horse. Billy does not tie up his horse, Shadow, but Shadow is gentle and staying in place. Right then a child shoots Shadow and he bolts and kills a pedestrian. Billy would likely be liable in a jurisdiction that adhered to an "evidence of negligence" doctrine.
F
49. T/F I hold a rodeo on Sundays, which is in violation with of a statute. During one of my rodeos, a bull gets loose and kills someone. Using the same analysis as the one used in Gorris v. Scott (sheep fall off boat), I will likely be liable.
F
5. T or F The Restatements would agree with a court holding that a four year old boy who moves a chair, causing an old lady to fall and break her hip, should be liable for an intentional tort.
F
53. Chris is sixteen years old. He decides to light fireworks in an open field next to an elementary school. One of the fireworks goes out of control and hits a child at the school. Chris will likely be held to the standard of a reasonable sixteen year old in this situation.
F
54. George is in a wheelchair. He is going down the ramp to the law school when he notices Tommy walking on the sidewalk below. In an effort to wave to Tommy, George loses control of his wheelchair and is injured. He sues the law school because he claims the ramp was to steep, though it is built to code and many others in wheelchairs have used the ramp without a problem. The law school will probably still be liable.
F
57. A beginning lawyer will not be held to the same standard of performance as one who has practiced for many years.
F
61. T/F In the Thorns Case (thorns blow onto neighbors property and defendant retrieves them), Judge Choke speaks of best efforts. He most likely subscribes to the doctrine of strict liability.
F
7. T or F A RR is negligent to two passengers by missing their stops. Passenger A finds a nearby hotel and spends the night. She is injured when the kerosene lamp in her room catches her bed on fire. Passenger B is dropped off in a seedy neighborhood and attempts to walk home. She is raped twice. Using Harm within the Risk Doctrine, the RR can be held liable for both passengers.
F
7. T or F I can set up a spring gun in my vacation house when I know no one will be using it for the winter.
F
70. Since Elsa is a wild animal, strict liability applies. Strict liability is just another form of res ipsa loquitur.
F
71. Lena wants to sue under negligence theory. Because she can prove duty to client, that D breached that duty and that the breach was the proximate cause of duty, she is likely to win.
F
77. Guido keeps a wild boar as a pet, affectionately naming him "Chops". One day, Chops escapes and bites the neighbor. Guido can escape liability if he can show that he was non-negligent in keeping Chops.
F
8. T or F The holding in the Mayhew v. Sullivan Mining Co. case (hole in platform) is consistent with giving custom dispositive weight.
F
80. A girl goes to the zoo and tries to feed the bears, but instead, the bears feed on her and bite her hands off. Under the theory of strict liability, the zoo will be held liable.
F
82. According the court in the Wagner v. International RR, "the law does not discriminate between the rescuer oblivious of peril and the one who counts the cost," means that it's reasonable to be a rescuer, but you may break the chain of causation.
F
87. Transferred intent can be appropriately applied in proximate cause analysis.
F
37. T or F Res ipsa would be appropriate in a case where surgery from a dentist caused you to bleed so profusely that you had to get a blood transfusion and from transfusion you got Mad Cow disease.
F Because this is a DC case. Res Ipsa you have no idea where it comes from.
9. T or F It is not possible for an assault to occur if there is no chance of substantial injury occurring from the offensive touching.
F It does not matter if there is not chance as long as you perceive or have an apprehension of it occuring.
75. Bob is digging a hole and empties his shovel behind him tossing rocks into the air. He knows that people regularly walk down the road where he is tossing the rocks. If Bob hits someone with the rocks during the course of his digging, he commits a battery.
F Maybe if he had the intention or it went against a social norm.
41. T or F According to the Restatements of Torts of the Last Clear Chance Rule, a helpless P who has negligently subjected himself to risk of harm from D's subsequent negligence may recovery if, immediately preceding the harm P is unable to avoid it by reasonable care and D is negligent in failing to avoid the harm through reasonable care and only when D knows of P's situation.
F not only when he knew but should have known by reasonable care. Defining the rule.
2. T or F Imprisonment can occur even if it's just threats.
T
32. T or F In a B<PL analysis, the Plaintiff needs the B to be as small as possible to impose negligence.
T
33. T or F The Third Restatement on Negligence agrees with Learned Hand's B<PL analysis.
T
35. T or F The holding in Kelley (person falls down steps on way to train) is eventually overturned because the carrier's duty of extraordinary care conflicted with negligence theory and the reasonable person standard.
T
39. T or F Volenti non fit injuria is compatible with the doctrine of assumption of risk.
T
4. T or F I own a bar. The floorboard in the doorway to the bar is raised slightly. Matt comes to the bar and comments on how chic he thinks it looks to have the floorboard raised like that. He then proceeds to get completely drunk and on his way out he trips on the floorboard and injures himself. I would probably be liable.
T
4. T or F The Third Restatement on Negligence agrees with Learned Hand's B<PL analysis.
T
43. T/F Fireman rule generally holds that firemen cannot recovery for injuries on the job. This is because most fires caused by negligence anyway and fireman should be compensated with worker's comp and hazard pay.
T
45. In Li v. Yellow Cab Co. of California (car accident with negligence of both parties), the court said one system of comparative negligence "simply shifts the lottery aspect of the contributory negligence to a different ground." The court was referring to the impure system.
T
46. T/F According to the Third Restatement, departure from custom is evidence of negligence, but does not require it.
T
5. T or F "A privilege to touch another when it normally would be offensive" embodies the idea of necessity.
T
51. T/F "There should be an explicit double standard of conduct, namely, an external standard for a defendant's negligence and a (relaxed) subjective standard for contributory negligence." This statement supports compensation.
T
55. I own a bar. The floorboard in the doorway to the bar is raised slightly. Matt comes to the bar and comments on how chic he thinks it looks to have the floorboard raised like that. He then proceeds to get completely drunk and on his way out he trips on the floorboard and injures himself. I would probably be liable.
T
56. Ben is river rafting with his family and some friends. Ben's son is in a separate boat that is negligently designed and causes him to fall into the water. Ben does not notice his son is in the water until he sees him floating in the water face down. Ben still jumps into the water to save his son, and he is also drown. It is later discovered that his son was brain dead before he jumped in. It is possible that Ben's wife could still recover for Ben's death.
T
59. Insanity is generally not a defense for an intentional tort. The public policy behind this rule is that those caring for the insane will use greater care with their wards that they would if insanity was a defense.
T
6. T or F The holding in the pea-hen case was that it's ok to set a spring gun during the day if you post notices. Once it's dark, the gun is only allowed inside to protect human life.
T
60. Bill uses a spring gun to protect his property, and an intruder is injured while breaking and entering Bill's house that night, According to the Restatements of Torts, Bill may be privileged to do this if lesser means to prevent the crime were not available.
T
62. T/F I lock my younger brother in his first story room that has a window. He can probably not sue me for falsely imprisoning him.
T
65. Even if a person has no original duty to act, if they agree to a duty, they have a duty to perform the duty in a reasonable manner.
T
66. If the court can find a special relationship between two remote parties, the one can be held liable to the other, even though they don't know each other.
T
69. Instead of biting the postman, Elsa merely knocks the postman over. Using strict liability, the postman could not recover for his injuries.
T A lion cub.
58. Vosberg v. Putney (boy kicks boy) stands for the proposition that a. Intent to harm one person may be transferred to another person b. A wrongdoer is responsible for injuries if an act is unlawful, whether or not the damage is foreseeable c. Minors cannot be held responsible for their actions d. A wrongdoer is only responsible for foreseeable injuries
b
121. D's negligence contributed 75% and P's negligence contributed 25% to P's injuries. P's injuries amounted in $10,000. P will recover: a. $7,500 if the jurisdiction practices pure comparative negligence b. Nothing: P's negligence is a complete bar to recover under comparative negligence theory. c. $10,000 if the jurisdiction practices modified or impure comparative negligence. d. A and C
A
22. In Brower v. New York Central (plaintiff's goods stolen after colliding with defendant's railcar), the majority found the defendant liable for the value of the stolen goods. Which of the below best explains why? a. The defendant's employ of two rail detectives imputed it with knowledge that there was a foreseeable risk of theft. b. The defendant, as a common carrier, owed a duty of utmost care to the plaintiff. c. The chain of causation was not broken by the intervening actors. d. All of the above.
A
24. Abe is walking his dog, "It". "It" sees a cat and starts pulling Abe widely throughout the town. In attempting to strike It, Abe strikes Bob who is merely passing by, and knocks out his eye. Applying the laws of strict liability: a. Abe is liable for Bob's injuries. b. Abe is not liable for Bob's injury because he did not have the necessary intent to injure Bob. c. Abe is liable for Bob's injury but only to the extent that he would be liable for It's injuries. d. It is liable for Bob's injuries.
A
28. Professor Lund has lighter fluid spilled on his jacket. He forgets about it and goes to the store where he runs into his friend Bill. They step outside for a smoke and Bill accidentally drops his lighted cigarette on Tommy's jacket, which goes up in flames, injuring Tommy badly. Tommy can likely hold Bill liable under which of the theories below? Cause in fact Proximate cause Both Neither.
A
34. There is a bottle of explosive material on the table. Little Bob, in reaching for a plate of cookies, knocks the bottle off the table. It falls, injuring his foot. Under which of the following theories can D be held liable? Direct consequences Harm within the risk Both Neither.
A
34. A one-eyed man loses his eye in a work accident when a metal chip hits his eye. His boss did not provide goggles. Using a Learned Hand analysis, which of the following would be true. a. A one-eyed man is no more likely to get a splinter in his eye than is a two-eyed man. A greater risk of injury is not the same thing as a risk of greater injury, and the first alone is relevant to liability. Only the P is important. b. The risk is the possibility of becoming blind. The L is much higher in the case of a one-eyed man. c. None of the above.
B
66. A kid kicks another kid after the school bell rings. The kicked kid suffers a strange injury resulting from the kick. This shows that: a. Intent to harm one person may be transferred to another person b. A wrongdoer is responsible for injuries if an act is unlawful, whether or not damage is foreseeable c. Kid's can't be held responsible because they are under 18 years old d. A wrongdoer is only responsible for foreseeable injuries.
B
27. A battery is: a. A touching with intent to do irreparable bodily harm. b. Any apprehension of bodily harm of one person by another. c. Any unlawful or unauthorized touching of one person by another
C
71. Ipso Inuito means: a. laying on of hands b. the thing speaks for itself c. against his will
C
72. The assumption of the risk defense requires both: a. Understanding and reasonableness b. A risk that is taken based on a reasonable assumption c. Knowledge and free choice d. Damages and liability
C
36. Which of the following are tests for proximate causation? Foreseeing the risk Intervening actors But for A & B.
D
25. Vosberg v. Putney (boy kicks boy) stands for the proposition that a. Intent to harm one person may be transferred to another person b. A wrongdoer is responsible for injuries if an act is unlawful, whether or not the damage is foreseeable c. Minors cannot be held responsible for their actions d. A wrongdoer is only responsible for foreseeable injuries
B
81. What is the best definition for trespass on the case? a. immediate harm caused by the defendant's direct and immediate application of force against the plaintiff's person or property. b. force caused by several people c. an old writ that is never used anymore d. an indirect harm not involving the use of force
D
9. Which of the following are defenses to a contributory negligence claim? Last Clear Chance Intentional Tort Imputed Negligence All of the above.
D
33. Describe Epstein's critique of Ames' rule of law in B<PL terms.________________________________________________________________________________________________________________________________________________________________________________________________________________________
Epstein critiques Ames' rule by attempting to reduce the B in B
1. T or F Privilege of recapture is not allowed even though a person wrongfully obtains a chattel by force, fraud, or w/o claim of right.
F
1. T or F Trespass on the case is an immediate harm caused by the defendant's direct and immediate application of force against the plaintiff's person or property.
F
10. T or F False Imprisonment only requires the intent of the D to confine the person to a specific area.
F
100. Jenny Terr, maintenance person at the Triangle Shirt Company, negligently throws a lit cigarette butt into a wastebasket. It starts a fire. Rowena Fairwell, in trying to escape, leaps from a seventh story window and is severely injured. Rowena could have taken the stairs, but panicked more than an ordinary person would have. Jenny is liable for the injuries Rowena incurred from jumping.
F
106. The stringent process of capias enables a defendant to rebut presumptions against him established under circumstantial evidence.
F
110. Res judicata means the decision is a matter of law to be decided by a judge.
F
111. Res ipsa loquitur means first impression.
F
112. Primae impressionis means sufficient to establish a fact or to raise a presumption unless disproved or rebutted.
F
113. Prima facie means the thing speaks for itself.
F
114. Pari delicto means no gain from an illegal act.
F
119. Ipso invito means by invitation.
F
12. T or F Deadly force can be used in the defense of property.
F
120. Fortier means because if the other's stronger evidence it shift the burden of proof.
F
121. Ex turpi non oritur action means whatever mischief therefore follows, he is the author of it.
F
13. T or F When a child is engaged in adult-like activities and causes damage, he is held to the same standard as a reasonably careful person of the same age, intelligence and experience.
F
14. An EMT slips on an icy walkway while responding to an emergency. Because of the fireman's rule, the EMT will not likely recover for his injuries.
F
14. T or F Bob has a lower standard of care, because he is a private citizen, not a public entity.
F
15. T or F In Eckert v. Long Island RR (man rescues girl from tracks and is injured), the court held that the man had a legal duty to rescue the little girl.
F
16. T or F In Katko v. Briney (guy sets up shotgun aimed at stomach) the use of the shotgun was ok by the rule set up in Bird (pea-hen) or that it was allowable, inside, at night.
F
19. Driving out of a mall parking lot, you hit a huge pothole and break the axle of your car. Your parking pass reads, "you assume all the risks of parking in the lot." You cannot recover under the assumption of risk doctrine.
F
19. T or F In Roberts v. Ring (old man runs over little kid who ran in front of him), the court allowed a diminished standard for the old man because he was the plaintiff, but not the little boy since he was the defendant.
F
2. T or F According to the Restatement (Second) of Torts, in an action for assault, apprehension and fear are treated as synonymous terms.
F
21. As you are driving along the highway, another car skids across the median and hits you. Because you assumed the risk driving along the highway, you cannot sue the other driver.
F
22. T or F A defendant's wealth can be considered in awarding compensatory damages, but not exemplary.
F
23. Lund attacked the Brower dissent's "bandit" example a poor one because a bandit is less likely than a lunatic to board a train and murder one of the train's passengers.
F
23. T or F In Colby v. Kennedy (ascot case), the ct finds that there was sufficient grounds for detaining the P despite D's failure to identify himself, disclose the reason for the inquiry and the physical restraint in a public place.
F
24. T or F A beginning lawyer will not be held to the same standard of performance as one who has practiced for many years.
F
24. T or F Dorothy is not responsible for the damage that she caused to the door of the shelter.
F
26. T or F P voluntarily attempts to save the life of another knowing that he will be injured. P is injured during his attempt. P's actions will always be deemed unreasonable.
F
27. T or F My VCR is stolen from my house. I am later over at a friend of a friend's a week later and notice my stolen VCR. I am allowed to take my VCR back.
F
28. T or F In the Thorns Case (thorns blow onto neighbors property and defendant retrieves them), Judge Choke speaks of best efforts. He most likely subscribes to the doctrine of strict liability.
F
29. Doctors have a general legal duty to care for the sick.
F
29. T or F A common carrier has the same standard as the reasonable man in transportation, that is the standard of ordinary prudence and care.
F
64. If I consent to have my right ear operated on and during the operation the surgeon decides to operate on my left ear because he discovers the lefts ear is worse, I can't sue the doctor because my consent would be transferred to the left ear.
F
65. In the above example, my consent would never be inferred even if it were a life-death situation.
F
68. Modern courts conclude that a Plaintiff's negligence acts as a complete bar to his recovery.
F
68. The test to determine negligence is subjective- did D intend to exercise due care.
F
69. Abe, a 6-year-old boy runs, in front of a car driven by Bob, to chase his soccer ball. Bob swerves to avoid hitting Abe and in the process hits Cara. Because Abe's actions caused injuries to another person Abe will be held to an adult standard of care.
F
69. In judging D's conduct for a negligence assessment, the jury will only look to what a reasonable person would have known and perceived. D's personal knowledge is irrelevant.
F
7. T or F In the Thorns Case, Brian states, "Where I am building a house and, while the timber is being put up, a piece of it falls on my neighbor's house and damages it, he shall have a good action, and yet the building of the house was lawful and the timber fell me invito." Brian supports the theory of negligence.
F
70. P voluntarily attempts to save the life of another knowing that he will be injured. P is injured during his attempt. P's actions will always be deemed unreasonable.
F
72. There is no trespass if you go onto someone's land and cause little or no damage.
F
73. A wounding is more severe than a battery because it involves blood.
F
79. "Act of God" is the opposite for "vis major."
F
79. Bob teaches drivers' ed at the local high school. While teaching Timmy to drive, Timmy drives into the brick wall of the school and Bob is injured. Timmy will be held to a normal standard of care?
F
80. It an assault to light a cigar in a non-smoking area.
F
82. Contra pacem regis means against the peace of the public.
F
85. Depositum is related to the damages a negligent person must pay.
F
86. Egrediture personam is the Latin term for a subjective standard of the reasonable man.
F
88. A 5-year-old child is too young to form the requisite intent to commit a battery.
F
9. T or F One can waive his/her rights to a protected class by giving consent.
F
90. Ex turpi non oritur action means whatever mischief therefore follows, he is the author of it.
F
90. One who believes in vituperative epithet would believe that regular negligence is worse than gross negligence.
F
91. Adam gets sloshed at the company Christmas party. He walks up to his boss and begins complimenting her breasts. He as committed extreme and outrageous conduct.
F
92. A number of jurisdictions have been willing to clump the categories of licensee and trespasser together and hold that a landowner has a duty of reasonable care to both of them, while the landowner's duty to an invitee remains at a heightened standard.
F
94. I have a natural pond behind my cabin. Little Billy, a four year old, trespasses onto my land and is drown. I will likely be liable to Billy's parents under the reformulation of the attractive nuisance doctrine of the Restatements.
F
94. The shopkeeper's privilege is a subjective test.
F
95. If a person is in a boat in a storm and lands at the dock of another, the dock owner obligated to help the person out of the boat.
F
97. A government agency is not privileged to destroy a row of houses in order to save a town from fire.
F
97. If I find you helpless on the side of the road and rescue you, according to the Restatements, I only have a duty to not act with gross negligence while you are under my charge, since I had not duty to rescue in the first place.
F
98. In Tuberville v. Savage a man put his hand on his sword and said "If the judge was not in town I would not take that language." The man committed an assault.
F
99. "One who fails to interfere to save another from impending death or great bodily harm, when he might do so with little or no inconvenience to him, and the death or great bodily harm follows as a consequence of his inaction, shall be punished criminally and shall make compensation to the party injured or to his widow and children in case of death." This statement sums up the current state of the law in most states.
F
A person can be liable for having a transferred intent in either an intentional or negligent tort.
F
16. T or F A belief that an assault is occurring is sufficient to justify self defense.
F Focus on the Self - Defense.
11. T or F Public necessity is a privilege, but incomplete.
F It is a complete privelage they can burn your house down.
93. Recklessness means the actor did not have to know of the potential harm they may cause but simply acted careless.
F Need to know that it will cause harm. Or knows the facts abvious.
3. If a D places a warning and instructions at the top of a dangerous ride, this action, in combination with a disclaimer on the ticket, will preclude D from incurring any liability under the assumption of risk doctrine.
F Policy reasons if they have things under negligence.
87. In the Thorn's Case, Judge Choke says, "he should have said that he could not do it in any other manner or that he did all that was in his power to keep them out; otherwise he shall pay damages." Here Choke shows that negligence is the common view.
F We do not actually know.
21. T or F Toad tells Peach that she is ugly. As a result of this, Peach suffers a nervous breakdown right in front of Toad. Toad would likely be liable for causing Peach extreme emotional distress if he called Peach ugly again.
T
21. T or F Under strict liability law, D's carelessness is irrelevant.
T
22. T or F There are situations which you don't have a duty to behave reasonably.
T
24. The major premise of pure comparative negligence is that a party should recover his damages regardless of his fault, so long as his fault isn't 100%.
T
25. T or F If the Wicked Witch tried to prevent Dorothy from entering the shelter, she would have the right to use force to get herself inside.
T
26. Proximate cause if a D's doctrine.
T
26. T or F Choke's analysis in the Thorn's case was consistent with modern negligence philosophy, while Littleton's analysis fell in line with the norms of strict liability.
T
29. T or F D gives a loaded pistol to X, an eight-year-old, to carry to P. In handing the pistol to P, X drops it, injuring the bare foot of Y, his playmate. The fall sets off the gun, wounding P. D is liable to P under harm within the risk.
T
29. T or F In Brown v. Kendall (fighting dogs), the judge's ruling adheres to a subsidy for industry principle.
T
30. T or F Blackstone believes that assault is just inchoate violence.
T
52. Ames believes that if a person can save another from impending death with little inconvenience to that person, there is a duty to act.
T
54. In the Palsgraf case (man drops package which explodes, woman injured), Cardozo would likely agree with Andrew's dissent if he found the railroad owed the lady a duty.
T
57. If a statute was changed from allowing P to recover if their negligence was "not as great as" the negligence against whom recovery is sought to "not greater than", P now has a better chance of recovery.
T
6. T or F In the Tithes Case (defendant moved plaintiff's grain), even though the defendant acted reasonably in moving the grain, the court applied a strict liability standard to hold him accountable for damages.
T
6. The fireman's rule intentionally bars police officers and firemen from recovering for injuries caused by usually negligent conduct.
T
60. T or F The legislature codifies a common law rule that it is illegal to jaywalk. This is an example of a declaratory law. (Bird v. Holbrook)
T
61. T or F Toad tells Peach that she is ugly. As a result of this, Peach suffers a nervous breakdown right in front of Toad. Toad would likely be liable for causing Peach extreme emotional distress if he called Peach ugly again.
T
62. T or F Tommy has a history of heart problems. He is driving his car and suffers a severe heart attack, causing him to hit and kill Melissa. Tommy was negligent for driving his car.
T
63. According to the holding in Montgomery (truck stalled over hill- put out flares to warn), there is a duty to rescue when the defendant has created the peril.
T
64. The judges in Erie RR v. Stewart decided that the RR had an affirmative duty to have a watchman to warn travelers to oncoming trains since it had developed as a custom.
T
64. Under the Restatements, actors are liable for helping one in need if they do not use reasonable care to secure that person's safety or leave him in a worse position than they found him.
T
65. A trespasser is owed no duty of care from a land owner other than not doing a willful act to the trespasser.
T
67. You must have knowledge of confinement/restraint to recover for false imprisonment.
T
68. One day, Elsa bites the postman. The postman will be able to recover for his injuries from Elsa's owner.
T
7. Using the primary definition of assumption of risk, the plaintiff assumes the risk whether or not she was at fault.
T
73. Using actual force on a trespasser may be justified if the trespasser assaults the landowner's family.
T
74. Beginners are usually held to the same standard of care as those who are reasonably skilled and practiced in the art except where the plaintiff assumes the risk that the defendant will exercise a lower standard of care.
T
74. Miss America sees a homeless man running very quickly towards her. Just before he is about to run into her he pulls out a camera and takes a picture as he runs past. The homeless man committed a tort.
T
74. There are situations that you don't have a duty to behave reasonably.
T
75. Adam and Betty are sitting in class. To get her attention he throws a pencil at her. She turns at just the wrong time and the pencil pokes out her eye. Adam is guilty of an intentional tort.
T
75. Some situations require a diminished duty to act; they just require that you do not act in a grossly negligent way.
T
76. The emergency rule requires that actual immediate action is necessary.
T
76. When we examine the question of whether a breach occurred, we are looking to see if D's conduct falls below the applicable standard of care.
T
77. Under strict liability law, D's carelessness is irrelevant.
T
78. Pertaining to the subject of wild animals and strict liability, owners of wild animals are strictly liable for any harm that results from the animals' normally dangerous propensities.
T
8. T or F While calculating the risk of constructing a fire plug, it is important to take into account factors such as where the plug is located and how much damage might result, when deciding how much money to spend on construction materials.
T
8. The Tunkl v. Regents of University 6 factors are largely used to invalidate liability waivers on public policy grounds.
T
80. Adam just passed the bar and decided to start his own firm. Rob hired Adam to defend him in a possession of narcotics case but forgot to look up the statute. They lost the case. Adam will be held to a normal standard of care even though he just passed the bar.
T
81. Aminico felonico means felonious intent.
T
83. Commodum ex injuria non oritur means someone cannot recover for an injury caused by his own wrongful act.
T
84. An 8-yr old child drives his mother's car to the hospital because she is having a heart attack. The child hits someone in the car and they die. The child will be held to an adult standard of care.
T
84. Cardozo believes that the Palsgraf case is not a proximate cause case.
T
84. Damnum absque injuria means damage without injury or commensurate force.
T
85. "The plaintiff sues in her own right for a wrong personal to her, and not as the vicarious beneficiary of a breach of duty to another" means that if I am injured as a consequence of a breach of duty to another passenger, I can recover from the RR.
T
85. Carrie is eating in a café across the street from a Haunted House. The building has the simulation of being on fire, but of course is not actually on fire. However, when Carrie notices the building she shouts fire and runs out of the café knocking over a waitress carrying a tray full of glass cups that shatter and injure her. A court will likely allow for this negligent behavior.
T
86. Even if Cardozo subscribed to the theory of foreseeability in Palsgraf, he would say that the plaintiff does not recover because not within the orbit of danger.
T
87. Et sic nota means and thus it was noted.
T
88. Ex contractu means arising from a contract.
T
89. Ex delicto means arising out of a tort.
T
91. According to the Restatements, one who undertakes, gratuitously, to render services to another which he should recognize as necessary for the protection of that person, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if the failure to exercise such care increases the risk of such harm.
T
92. A hockey game player (A) pulls off his gloves and hits player B so hard that he falls and cracks his head open. Player A is liable for assault and battery.
T
93. Generally, public officials who arrive on your land under ordinary circumstances— garbage collectors, for example— are treated as business visitors (invitees).
T
95. I find a bleeding hulk on the side of the road. I pick him up and start carrying him down the road. He is bleeding all over me, however, so I go put him back where I found him. It can be shown that I did not injure the hulk in anyway. According to the Restatements, I will not be liable to the hulk.
T
96. A landowner's duty to an invitee is to take reasonable care that premises are safe.
T
96. In Mouse's Case, D had the right to throw a casket overboard to help save the ship.
T
98. "We forget that we are talking about human death or grave physical harms and their reverberating consequences when we equate the consequences with such things as one person's momentary freedom not to act." This is part of the feminist theory argument against the lack of duty to rescue in instances such as the drowning-stranger hypothetical discussed in class
T
Bob owns a home in the avenues and is doing some landscaping in his front yard. As part of the landscaping, he is putting in a pond that requires he dig up part of the sidewalk to install underground pipes. Bob figures that all his neighbors passing by will see the hole and not fall in, so he doesn't put up any barricades. Roy, a blind man who lives two streets over, is walking down the sidewalk and falls into the hole in front of Bob's house. 12. T or F Bob will be liable for Roy's injuries if he did not keep his sidewalk in a reasonably safe condition.
T
Dorothy is out walking Toto. Out of no where a tornado hits. Dorothy realizes she must take shelter somewhere. She sees the Wicked Witch of the West's shelter and runs to get inside. However the door is jammed. Dorothy breaks the door in an effort to get into the shelter, but luckily makes it inside in time to save herself and her little dog too! 23. T or F Dorothy has an incomplete privilege to use the shelter.
T
Primae facie at least, the reasons for creating liability should limit it." Professor Seavey, through this statement, suggests the Polemis (plank falls causing spark) case was wrongly decided.
T
47. T or F In regards to negligence per se, Thayer would agree with Cardozo's statement "A defendant who travels without lights is not to pay damages for his fault unless the absence of lights in the cause of the disaster."
T A statute is some evidence of negligence. In line with Cardozo on the buggy case. No auto recovery still need to find a causal connection with the statute.Has to be in a safety statute and person falls within the protected class.
59. T or F At common law, a person was automatically liable for allowing fire to leave her property.
T IF this simple probably. Having something ultra hazardous it is liable.
43. T or F After the Brune case (excessive dose of pontocaine), it would be wrong for a judge to instruct a jury that a small town doctor might act reasonably even though he provided a less sophisticated level of care.
T Locality rule is dead.
14. T or F Private rules of conduct may be admitted as evidence in negligence actions.
T Might give bad incentive.
86. If I buy a new cat and put it in my backyard, I will be held strictly liable if it gets out and destroys the neighbor's flowers.
T No idea.
51. T or F One of the requirements for a res ipsa case is that the action must not be due to a voluntary action of the P or likewise, contributory negligence on the part of P.
T
67. The felicet is a species of wildcat, which inhabits the Island of Langoa in the Creolic Ocean. Although the wild felicet is ferocious, natives of Langoa frequently capture young felicets and after training them, keep them as house pets. Doggell grew upon the Island of Langoa where he obtained his pet felicet. When he immigrated to the US five years ago, he was permitted to bring his felicit with him after submitting it to a six week quarantine. The cat had been gentle ever since Doggel tamed it 8 years before leaving Lango. Recently, Doggell's neighbor Pruitt was walking past Doggell's house when the felicet tore through a window screen, jumped into the street, an attacked Pruitt, seriously injuring him. Pruitt subsequently asserted a claim against Doggell for his damages. If Pruitt is successful in his clam against Doggell, it will probably be because: a. Pruitt's damage resulted from Doggell's keeping of a wild animal b. It was foreseeable that the felicit would do something unforeseeable c. Res ipsa loquitur d. Pruitt's keeping of the felicet amounted to a private nuisance.
A
78. If you are justified to use commensurate force you are also justified to use a. damnum absque injuria b. necessity c. nuisance d. excessive force
A
83. Adam and Eve are equally at fault for getting ejected from the Garden of Eden. This is an example of: a. pari delecto b. jus ex injuria non oritur c. moliter manus d. volenti non fit injuria
A
89. What is a legal action to recover that, which was taken? a. replevin b. moliter manus imposuit c. chattels d. trespass
A
36. A one-eyed man loses his eye in a work accident when a metal chip hits his eye. His boss did not provide goggles. Using a Learned Hand analysis, which of the following would be true. a. A one-eyed man is no more likely to get a splinter in his eye than is a two-eyed man. A greater risk of injury is not the same thing as a risk of greater injury, and the first alone is relevant to liability. Only the P is important. b. The risk is the possibility of becoming blind. The L is much higher in the case of a one-eyed man. c. None of the above.
B
40. In the glaucoma case, the judges disagreed on which rule governed- which 2 rules where applied in this case: a. Emergency Rule and Negligence per se b. Strict Liability and B<PL c. B<PL and Negligence d. Negligence per se and Strict Liability
B
66. Nuke operated a nuclear power plant on the seashore just outside the city of Columbia and sold electricity generated by its operations to Columbia residents. To cool its equipment, Nuke drew water from the ocean and piped it through portions of its plant. Because this operation made the water highly radioactive, Nuke stored used water in a series of large concrete holding ponds. The water stored in this fashion was subjected to a series of procedures designed to neutralize it by removing the radioactivity before it returned to the ocean. Because of an earthquake, one of the concrete holding ponds cracked, permitting several million gallons of neutralized water to escape. Although he escaping water was not radioactive, it caused substantial damage to the field of Farmer as it passed over them. If Farmer asserts a claim against Nuke for damage to his property, the court should find for: a. Farmer because operating a nuclear power plant is an abnormally dangerous activity b. Farmer, because water is a substance which is likely to do great harm if it should escape from captivity c. Farmer, because it was unreasonable to operate a nuclear power plant in an area where an earthquake could occur d. Nuke because the damage resulted from an act of God
B
71. In the spring gun case, the defendant who set up the spring guns was found liable for the trespasser's injuries. The defendant could have won his case if: a. The plaintiff had not had a privilege to enter the property b. He had only set up the spring guns at night and inside his home c. He had provided notice with a sign that said "no trespassing" d. Either A or C e. Both A and C
B
77. To claim self defense, which is more likely to be a valid defense: your action was (a) Conducted in Good Faith or (b) Reasonable
B
82. "It is illegal to cross the road unless you are at a crosswalk." This law would be an example of (a) prohibitory (b) declaratory language.
B
15. T or F Which of the following is false? a. Roy's obligation is to use the care that a reasonable blind person would use. b. Whatever Bob's duty was, he did nothing to discharge it. c. Bob had no duty, because the sidewalk is the city's problem. d. A drunken man is as much entitled to a safe street, as a sober one, and much more in need of it.
C
17. Necessity will justify entries upon private land or interferences with personal property that normally would be considered trespasses. Which of the following did the judge in Ploof v. Putnam NOT use as a valid example in his reasoning? a. Animals stray and are promptly brought back to own property. b. Traveler finds highway blocked and walks on private land to get around obstacle. c. Man innocently enters neighbor's land and cuts trees believing it's his land. d. Entry onto private land to save your goods that will otherwise be destroyed by water or fire.
C
43. To achieve rescuer status, one must Show that D was negligent to the person rescued Show that D's negligence caused peril to the person rescued A & B Neither A nor B.
C
5. Which of the following is the least important element in an assumption of risk analysis? Knowledge Public policy Adequate safety precautions Free choice
C
25. Which aspects of the Palsgraf v. Long Island (plaintiff injured by exploding package at train station) opinion did the Restatement adopt? a. Benny's "orbit of duty" b. Andrews' "due care = societal duty to protect each other from unnecessary danger" c. Andrews' "substantial factor" d. A and C
D
27. Which of the following describes a landowner's duty to a trespasser? a. A duty to warn of known latent defects b. A duty to protect the trespasser against injuries that may arise from his own acts c. A duty of utmost care d. None of the above.
D
42. A problem with Negligence per se jurisdictions is that you are liable even if you maintained a reasonable standard of care. Which of the following is not a defense in a negligence per se jurisdiction. a. No causal connection b. Statute is a safety statute c. Harm caused is not covered by intent of statute. d. Contributory negligence.
D
48. Commodum ex injuria means: a. A right does not rise from a wrong. b. Where a wrong has been committed, it must be bourne by the one who occasioned it. c. No legal wrong to one who consents. d. Cannot recover for an injury caused by own wrongful act.
D
51. The appropriate grammatical mood in cause in fact is: a. Certainly b. Would c. Could d. Might
D
70. Under Old English Law strict liability covered: a. cattle b. fire c. nuisance issues d. all of the above
D
99. Blowco was a manufacturer of explosives used in mining for gold and silver. Its warehouse, which contained large quantities of explosives, was, located a short distance from the town of Mastiff. A group of political extremists known as the Holy Terrors were planning to set off a series of bombs in public places in Mastiff. Several members broke into the Blowco warehouse for the purpose of stealing explosives to use in making bombs. Their entry set off an alarm, which brought police. Rather than surrender to police, the terrorists committed suicide by detonating the explosives, which they had stolen. The blast caused the entire warehouse to explode. A house owned by Parbal and located a half mile away was damaged by the explosion. The Parbal asserts a claim for damages against Blowco on the ground that storing explosives was an abnormally dangerous activity, which of the following would be Blowco's most effective argument in defense? a. The explosion did not result from unreasonable conduct by Blowco. b. The damage did not result from a physical invasion of Parbal's property by any tangible object in the control of Blowco. c. The conduct of terrorists was an intervening cause of harm. d. It was not foreseeable that terrorists would deliberately detonate explosives in the warehouse.
D
Questions 17-18 come from from Mauney v. Gulf Refining Co. (plaintiff injured when tripped over a chair in her husband's café): The court denied recovery on the ground that if the plaintiff "didn't see a chair in her own place of business, it would impose an inadmissible burden upon the defendants to say that they should have foreseen from across the street and through the walls of a building on another corner what appellant didn't see right at her feet. . ." 17. Which of the following best describes the court's proximate cause analysis? -The court employed a B<PL analysis in assessing the defendant's negligence. -It considered "foreseeability" in vision terms. -It indirectly considered the defendant's duty to the plaintiff. -All of the above. 18. Is the court's analysis sound? Justify your position. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
D and ________
34. Custom is useful for which of the following reasons. a. Gives knowledge/notice to the actor. b. Displays what reasonable behavior is. c. Is easier for juries to determine d. A & C e. All of the above
E
38. Which of the following did not adhere to strict liability in common law? a. Water b. Fire c. Cattle d. All of the above e. None of the above
E
3. T or F Offensive battery only carries compensatory damages.
F
30. T or F D negligently maintains a telephone pole, letting it get infested by termites. X drives into the pole. The pole breaks and falls on P. A properly-maintained telephone pole would not have broken under the blow. P cannot hold D liable.
F
32. A RR mistakenly misses the stops of two passengers. Passenger A finds a nearby hotel and spends the night. She is injured when the kerosene lamp in her room catches her bed on fire. Passenger B is dropped off in a seedy neighborhood and attempts to walk home. He gets beat up twice. Using the harm within the risk doctrine, the RR can be liable for the injuries to both passengers.
F
34. T or F The latin phrase meaning harm w/o injury is pari delicto.
F
35. It doesn't matter if an intervening actor doesn't act negligently, because an intervening actor always breaks the chain of causation.
F
35. T or F A common carrier has the same standard as the reasonable man in transportation, that is the standard of ordinary prudence and care.
F
37. T or F Custom is determined by public common usage and cannot involve private custom as related to specific parties.
F
37. T or F In Brown v. Kendall (fighting dogs), the higher court agrees with the trial court that if the action is not a necessary act, the D must prove he used "extraordinary care" to show that the accident was inevitable or he will be held strictly liable.
F
38. 39. Adam, burdened with a backpack full of casebooks, is riding Trax downtown to do some Christmas shopping. As he stands up to get off the train, the zipper on his backpack catches on the head of a screw, causing the contents of his backback to spill out and hit an elderly woman on the foot. The resulting pain causes the woman to fall backwards, thereby detaching her oxygen mask from her oxygen tank. Adam can tell the woman is straining to breathe. -The Restatement imposes no duty on Adam to assist the woman. -Change in facts: A Santa Clause imposter carrying a large bag of presents twirls around while riding Trax and knocks the same elderly woman down, resulting in the same oxygen tank problem.Adam, initially thinking he would assist the woman, announces that he is certified in First Aid.He then changes his mind and elects not to help the woman.Adam is obliged to assist the woman since he possesses the skill to do so.
F
38. T or F The holding in the Mayhew v. Sullivan Mining Co. case (hole in platform) is consistent with giving custom dispositive weight.
F
39. T or F In Helling v. Carey (glaucoma case) the doctor used a B<PL analysis as a defense.
F
4. T or F Weaver v. Ward was the prima facie case determining Strict Liability as the leading theory in English law because the judge focused more on the actions of the plaintiff than on the defendant.
F
4. The fireman's rule covers police officers and all other public officials.
F
40. The early English Law subscribed mostly to the theory of Strict Liability (as demonstrated by Blackburn's opinion in Rylands v. Fletcher) for non-intentional torts while modern law adheres mostly to the law of negligence.
F
41. Mirla Trowhouse negligently maintains a telephone pole, letting it get infested by termites. Shirley drives into the pole, which breaks and falls on Shaney. A properly maintained telephone pole wouldn't have broken under the blow. Shaney cannot hold Mira Trowhouse liable.
F
41. T or F A board certified doctor can only be testified against by those who are specialized in the same field.
F
41. T or F The B in a B<PL analysis relates to the cost of precaution.
F
42. T or F Concerning the 2 schools problem relating to custom, courts generally defer to the qualitative standard.
F
44. In Brower (thieves carried off scattered contents of wagon after train hit it), the court held that the intervention of the thieves broke the chain of causation necessary for the wagon owner to recover against the railroad for the stolen goods.
F
44. T or F In a negligence per se jurisdiction, a master plumber practices w/o a license and causes some damage. If other plumbers would generally cause the same damage, Judge Lehman would nevertheless hold him liable.
F
45. T or F Negligence Per Se applies even if a statutory rule exposes a P to more danger than following a customary rule.
F
46. According to Epstein, Ames insists that Ames' good Samaritan rule "would not require the only surgeon in India capable of saving the life of a person with a given affliction to travel across the subcontinent to perform an operation, presumably because the inconvenience and cost would be substantial." Epstein counters that if a third person were willing to pay such a surgeon for all of his efforts, the surgeon's net inconvenience would diminish to the point of triviality. Thus, Epstein effectively demonstrates that Ames' proposed rule is unnecessary.
F
46. T or F The Restatements would agree with a court holding that a four year old boy who moves a chair, causing an old lady to fall and break her hip, should be liable for an intentional tort.
F
48. T or F In the driving buggy without lights case, Cardozo finds that the violation of the statute was merely evidence of negligence.
F
49. T or F You decide to give your neighbor's kid driving lessons. You get in the car and within 4 minutes, the kid hits a brick wall. You get whiplash as a result of the injury. Using the beginners' standard, you can sue your neighbor.
F
52. T or F One can bring a claim under the res ipsa loquitur doctrine for acts of God.
F
53. T or F The standard for res ipsa cases is clear and convincing.
F
53. Tommy hires a babysitter through agency and she shakes his baby, causing severe brain damage. Tommy will just as likely recover from the agency if the agency conducted a proper investigation on the babysitter before sending her to Tommy's than if they did not investigate her at all.
F
54. T or F Under foreseeability doctrine, it does not matter if an intervening actor does not act negligently, because an intervening actor will break the chain of causation.
F
56. As discussed in the Wagner case (man falls off electric railway car, cousin goes to rescue), Judge Cardozo rules that rescue can be a foreseeable consequence of a negligent act, as long as the rescuer does not act negligently.
F
56. In Fletcher v. Rylands (reservoir floods neighbor), Judge Blackburn said "the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is natural of its escape." If I brought six twelve-year-olds on the property and one escapes and bites an old lady, Blackburn would likely believe me to be strictly liable.
F
57. "The measure of prudence varies so with the varying faculties of men, that it is impossible to say what is gross negligence with reference to the standard of what is called ordinary prudence." By "varying faculties of men," the author is likely referring to an objective view of negligence.
F
58. I get pulled over for speeding when I am late to pick up a date. I will likely not be held liable if I can prove I thought I was acting as a reasonable person would that was late for a date.
F
59. If you are a non-paying passenger in my car, under the Guest Statutes, I am liable to you when not using reasonable care while driving.
F
60. T or F Brutus calls Popeye and tells him that he is coming over to beat him up. Brutus is likely liable for assaulting Popeye.
F
61. T or F I can set up a spring gun in my vacation house when I know no one will be using it for the winter. (Restatements on Use of Mechanical Device).
F
62. T or F My VCR is stolen from my house. I am later over at a friend of a friend's a week later and notice my stolen VCR. I am allowed to take my VCR back.
F
63. An invitee is a person who is on the property for social reasons, so the owner has no duty to ensure premises are safe, but can't create hidden traps.
F
10. _____ _____________________ (three words) are preferable to general verdict forms in comparative negligence cases.
Special Verdict Forms
58. If Betty had on operation on her toe and the doctor told her to make sure she stayed off of it for several days and also watched her weight. The woman does not watch her weight, but stays off the toe, and then starts to have complications with her toe. She sues the doctor for damages. The jury is more likely to diminish her recovery since she didn't watch her weight, then they would have if the complications would have instead been caused by her not staying off the toe.
F the weight does not make a difference to the Toe.
45. T or F (Lama v. Borras) Using Learned Hand's analysis in TJ Hooper, a hospital's practice of "charting by exception" most likely would have been acceptable had it been the general practice of all hospitals to do this.
F. Just using the conclusion we get to this answer because it is not completley controlling.
45. According to Ames, "One who fails to interfere to save another from impending death or great bodily harm, when he might do so with little or no inconvenience to himself, and the death or great bodily harm follows as a consequence of his inaction, shall be punished criminally and shall make compensation . . . ." Ames' proposed rule essentially applies a B<PL analysis to the rescue situation.
F. Only applies to extreme cases.
30. A train is running faster than usual down a track. A tree falls on one of the cars, causing the train to derail. Under the proximate cause doctrine, the P cannot recover.
F. think of the case and the speed does not matter.
31. Professor Lund described Ames' proposed rule of law as one governing "extreme situations." Name two elements of Ames' proposed rule that supports Professor Lund's description.________________________________________________________________________________________________________________________________________________________________________________________________________________________
First, Ames' rule deals with persons suffering from impending death or great bodily harm. Second, the putative Samaritan can seek refuge in the "little or no inconvenience to himself" language
Analytically, the problem of proximate cause can be addressed in two distinct ways. One approach is forward-looking while the other is backwards-looking. Name the two analytical approaches using the jargon discussed in class.12. ______ ________________ (forward-looking)13. ______ _______________ (backward-looking)
Foreseeability and Direct Consequences
15. Bacon described proximate cause using one word. Name it (HINT: think about the difference between the writs of trespass and trespass on the case). __________
Immediate
20. What sub-category of proximate cause analytical "schools" do Central of Georgia Ry. v. Price (plaintiff injured by flaming mosquito net) and Hines v. Garrett (plaintiff injured by military officer and hobo) represent? ____________________ (two words)
Increased Risk
If a court determines that a legal issue is a primary assumption of risk issue, the court is essentially concluding the presence/absence of what two (2) things? 1. _________________________2. _________________________
Knowledge and Free Choice
21. T or F A replevin is a type of writ that you would use to get your property back.
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1. T or F You must have knowledge of confinement/restraint to recover for false imprisonment.
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10. T or F The holding in Kelley (person falls down steps on way to train) is eventually overturned because the carrier's duty of extraordinary care conflicted with negligence theory and the reasonable person standard.
T
10. T or F Tommy trespasses on your property. You have an obligation to use constructive force before you punch him in the nose.
T
101. Albert Schweitzer, naturalist, spends months at a time in the jungle, eating the animals he catches in primitive traps. He carelessly places one trap too close to the home of Tarzan and Jane and, Jane gets her leg caught in the trap. In his way home from work, Tarzan hears her screams and comes to her rescue. He gets caught in the trap also. Schweitzer is liable for Tarzan's injuries as well as Jane's.
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102. Vis major means act of God
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103. Vi vidi vichi means I came, I saw, I concurred.
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104. Volenti non fit injuria means to the willing person, it is not wrong. There is no injury to one who consents.
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105. Trespass (not case) occurs when an injury is immediate, such as being hit by a log.
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107. Stare decisis means to stand by the things decided.
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108. Scienter means a degree of knowledge that makes a person legally responsible for the consequences of his or her act of omission.
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109. Respondeat superior means the superior is responsible for his agent.
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11. In the wild boar case, the court held P did not assume the risk of the boar biting him.
T
115. Trespass viet et arms means trespass with force of arms.
T
116. Trespass quare vi et armis clausum fregit means trespass with force of arms on another's land.
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117. Trespass quare clausum fregit means a person's unlawful entry on another's land that is visibly enclosed.
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118. Molitur manus imposuit means laid hands upon gently.
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12. T or F I lock my younger brother in his first story room that has a window. He can probably not sue me for falsely imprisoning him.
T
14. T or F At common law, a person was automatically liable for allowing fire to leave her property.
T
16. Some scholars think that the assumption of risk doctrine can be eliminated in favor of contributory negligence theory.
T
16. T or F "There should be an explicit double standard of conduct, namely, an external standard for a defendant's negligence and a (relaxed) subjective standard for contributory negligence." This statement supports compensation.
T
17. T or F If an alternative method of medical care exists other than the standard used by most doctors, there must be a considerable number of doctors recognized and respect in their field sufficient enough to establish the alternative method.
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18. T or F According to the B<PL formula, the more serious the potential injury, the less probable its occurrence need be before the defendant will be held to be negligent for not guarding against it.
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18. T or F In Scott v. Shepard (the squib/firecracker case) if the plaintiff wanted to recover for only direct consequences the appropriate writ to have brought would have been trespass.
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19. T or F In Titus v. Bradford (Nypano cars) Judge Mitchell says, "Juries must necessarily determine the responsibility of individual conduct, but they cannot be allowed to set up a standard which shall, in effect, dictate the customs or control the business of the community." In effect, what Mitchell is saying is that if you are defending the RR and you can show that the defendant acted according to custom, the defendant will not be liable for the injury caused to the plaintiff.
T
19. T or F Rylands v. Fletcher was the first case of its type.
T
20. T or F Consent may be implied from the circumstances whenever an emergency endangers the life or health of the plaintiff.
T
20. T or F In the Squib case, Blackstone believes that the intervention of a free agent will make a difference in whether it's a trespass or a trespass on the case.
T
31. T or F Ben is river rafting with his family and some friends. Ben's son is in a separate boat that is negligently designed and causes him to fall into the water. Ben does not notice his son is in the water until he sees him floating in the water face down. Ben still jumps into the water to save his son, and he is also drown. It is later discovered that his son was brain dead before he jumped in. It is possible that Ben's wife could still recover for Ben's death.
T
31. T or F Bill uses a spring gun to protect his property, and an intruder is injured while breaking and entering Bill's house that night, According to the Restatements of Torts, Bill may be privileged to do this if lesser means to prevent the crime were not available.
T
32. T or F In regards to custom, "He performs his duty when he furnishes those of ordinary character and reasonable safety and the former is the test of the latter," means a person fulfills his duty if he acts safe according to the usages, habits and ordinary risks of the business.
T
32. T or F Tommy has a history of heart problems. He is driving his car and suffers a severe heart attack, causing him to hit and kill Melissa. Tommy was negligent for driving his car.
T
33. T or F Conduct may be considered extreme and outrageous if it arises from the actor's knowledge that the other is peculiarly susceptible to emotional distress, by reason of some physical or mental condition.
T
33. T or F Moliter manus imposuit is satisfied by a request to depart if a person mistakenly enters your property.
T
35. T or F Thayer believes that negligence theory is based on common sense.
T
36. T or F In regards to custom, "He performs his duty when he furnishes those of ordinary character and reasonable safety and the former is the test of the latter," means a person fulfills his duty if he acts safe according to the usages, habits and ordinary risks of the business.
T
37. The difference between the holdings in the Tuttle case (train jumps tracks and lady runs, hurting her knee) and the Mauney case (exploding delivery truck-lady hurts herself running out) relates to foresight.
T
39. T or F One using extreme and outrageous conduct is liable to a 3rd party if the victim is an immediate member of the family or if the distress to the 3rd party causes some actual physical harm.
T
40. Jamal J gives a loaded pistol to Tommy, an eight-year-old, to carry to Miss Mirna Minkoff. In handing the pistol to Miss Minkoff, Timmy drops it, injuring the bare foot of Wee Willie, his playmate. The fall also sets off the gun, wounding Miss Minkoff. Jamal J is liable to Miss Minkoff under the "harm within the risk" doctrine.
T
42. "The risk of rescue, if only it be not wanton, is born of the occasion." This quote means that it's okay for someone to act negligently when they are rescuing someone.
T
43. T or F The "error in judgment" standard is not widely accepted today.
T
44. T or F (Lama v. Borras) Despite Dr. Borras' argument that bed rest was the custom in this type of treatment, he was still held liable because there was sufficient evidence to show that he operated despite knowing that the patient had not subscribed to the prescribed bed rest.
T
47. T or F Moliter manus imposuit stands for the principle that one should the least amount of force necessary in defense of property.
T
49. T or F In regards to violation of a statute, the Restatements allow excuse for necessity, emergency or by reason of incapacity.
T
5. T or F In Cleveland Park Club v. Perry (boy jumps into swimming pool and inserted a rubber ball into the drain causing damage), the court held that in trespass cases, the intent controlling is the intent to complete the physical act and not the intent to cause injurious consequences.
T
50. T or F According to Thayer, if there is a statute that precludes one from leaving a horse unhitched, one would be liable, even if they were getting off the horse to help someone in need.
T
50. T or F In a res ipsa loquitur case, the P has met the his/her burden of proof merely by showing that the accident happened.
T
46. Sine qua non
but for D's negligence, there would be no injury.