Chapter 12
(TRUE or FALSE?) Negligence occurs when a defendant has limited wealth or limited liability and cannot pay for damages. Select one: a. FALSE b. TRUE
False
(TRUE or FALSE?) Under a comparative negligence standard, if the plaintiff also is shown to be negligent, then the defendant is not liable for any of the plaintiff's losses. Select one: a. TRUE b. FALSE
False
Which of the following statement is correct? Select one: a. "Assumption of risk" is one of the defenses to negligence that the defendant can use against plaintiff's claims. b. In the case of "strict liability" as one of tort liability rule, defendant cannot be held liable. c. Sources of law in the U.S. are historical and library documents. d. Pain and suffering compensation and loss of consortium (damages suffered by the spouse or family member of a person who has been injured) are punitive damages. e. All the answers are incorrect.
a. "Assumption of risk" is one of the defenses to negligence that the defendant can use against plaintiff's claims.
___________ refers to the law that is usually the result of statutes, covers acts against the state; an individual state or local government, or the federal government. Select one: a. Criminal law b. Judgment proof c. Assumption of risk defense d. Punitive damages e. none of the answers is correct.
a. Criminal law
Tort law: Select one: a. deals with wrongs done to someone where a contract does not govern the interaction that caused the harm. b. means that if the court finds that both the defendant and the plaintiff were negligent, then the defendant can be partially liable for the plaintiff's losses. c. none of the answers is correct. d. means that defendant cannot be held liable. e. deals with acts that cause losses to another individual, but for which the state, the public at large, has a less direct interest.
a. deals with wrongs done to someone where a contract does not govern the interaction that caused the harm.
Which of the following statement is correct? Select one: a. Even if the manufacturer was not negligent, the absolute liability rule holds manufacturers of defective products liable. b. Conditions for negligence are defendant has duty, defendant has breach of duty, the defendant's breach is proximate cause of accident, and plaintiff is injured. c. All the answers are incorrect. d. Tort law is a part of the U.S. contract law. e. If the defendant or potential defendants are financially insolvent, then they are "in breach of duty."
b. Conditions for negligence are defendant has duty, defendant has breach of duty, the defendant's breach is proximate cause of accident, and plaintiff is injured.
Which of the following statement is correct? Select one: a. In the case of negligence lawsuit, the burden of proof is generally on defendant. b. Criminal law covers acts against the state and usually created by the statutory laws. c. According to the doctrine of negligence, the defendant is liable for the plaintiff's losses as long as the plaintiff can establish that the defendant's action caused the loss. d. Special and general damages are not designed to compensate the plaintiff's losses but are meant to punish defendant. e. All the answers are incorrect.
b. Criminal law covers acts against the state and usually created by the statutory laws.
Which of the following statement is correct? Select one: a. All the answers are incorrect. b. In the case of "absolute liability" as one of tort liability rule, defendant is always liable; no defenses are available if the defendant caused the injury. c. The spectrum (degrees) of tort liability has diligence on one end and pure liability on the opposite end. d. If an automobile hits and harms a pedestrian, it should be in the domain of contract law if it is not intentional. e. Special and general damages are not designed to compensate the plaintiff's losses but are meant to punish defendant.
b. In the case of "absolute liability" as one of tort liability rule, defendant is always liable; no defenses are available if the defendant caused the injury.
__________ deals with wrongs done to someone where a contract does not govern the interaction that caused the harm. Select one: a. Strict liability b. Tort law c. Contract law d. Absolute liability e. none of the answers is correct.
b. Tort law
If a cyclist is injured by a driver, it is highly likely that the following type of law will be applicable: Select one: a. contract law b. tort law c. constitutional law d. criminal law e. statutory law
b. tort law
John was speeding into an intersection when Mary negligently was making a left turn. Their cars collided and Mary sued John for her injuries. The jury determined that John was negligent and that Mary was 30% responsible for her own injuries. Mary's actual damages were $25,000. If the comparative negligence rule applies in that jurisdiction, how much will Mary get? Select one: a. nothing b. $1,500 c. $17,500 d. $25,0000 e. $7,500
c. $17,500
The famous, Michael Phelps was visiting Bodega Bay beach and signing autographs to his admirers at the beach. Suddenly, a young girl was screaming "help, help" out in the ocean about 100 yards away from the shore. Michael saw the girl and did not jump or swim or save the girl. Fortunately, the girl was saved by her father who was asking a signature to Michael at the moment. Both the father and girl had severe injuries and were hospitalized. The girl's family was disappointed with Michael Phelps and sued him for negligence. But, the judge rejected the family's claim quickly and Michael Phelps did not pay any money for the hospital expenses. Why did the judge let Michael go unpunished monetarily? (Note: This is just a story and not real news!). Select one: a. none of the answers is correct b. Michael used tort to tortfeasor clause c. Michael has no legal duty to the girl d. Michael showed that the injury to plaintiffs were not caused by him e. Michael showed that there was no proximate cause
c. Michael has no legal duty to the girl
Which of the following statement is incorrect? Select one: a. Contract law interprets contractual provisions and resolves disputes between contractual parties. b. "Comparative negligence" is one of the defenses to negligence that the defendant can use against plaintiff's claims. c. One of the proposals to reform the tort liability system is about applying the collateral source rule more often. d. Pain and suffering compensation and loss of consortium (damages suffered by the spouse or family member of a person who has been injured) are compensatory damages. e. Most of the answers are correct.
c. One of the proposals to reform the tort liability system is about applying the collateral source rule more often.
Which of the following statement is incorrect? Select one: a. Most of the answers are correct. b. Under a comparative negligence standard, the defendant can be found partially liable for the plaintiff's losses if the court finds that both the defendant's and plaintiff's negligence contributed to the losses. c. When a plaintiff breaches of her duty, as one of the conditions for negligence, the question is whether the plaintiff took all cost-justified precautions beforehand. d. Two fundamental objectives of the tort system are to provide incentives for people to engage in the optimal level of safety and to provide optimal compensation to victims. e. The defendant had a duty is one of the conditions necessary for a plaintiff to show that a defendant was negligent.
c. When a plaintiff breaches of her duty, as one of the conditions for negligence, the question is whether the plaintiff took all cost-justified precautions beforehand.
According to the collateral source rule: Select one: a. all of the answers are correct b. none of the answers is correct c. courts are precluded from reducing damages by the amount of coverage provided by a plaintiff's life, health, or property insurance. d. you cannot get compensation from more than one source for the same injury. e. you must try to mitigate your own damages by requesting compensation from all possible sources
c. courts are precluded from reducing damages by the amount of coverage provided by a plaintiff's life, health, or property insurance.
John was speeding into an intersection when Mary negligently was making a left turn. Their cars collided and Mary sued John for her injuries. The jury determined that John was negligent and that Mary was 30% responsible for her own injuries. Mary's actual damages were $25,000. If the contributory negligence rule applies in that jurisdiction, how much will Mary get? Select one: a. $17,500 b. $25,000 c. nothing d. $7,500 e. $1,500
c. nothing
Which of the following statement is incorrect? Select one: a. One of the proposals to reform the tort liability system is about putting caps on pain and suffering damages. b. Murder is contrary to public interest and it is considered to be an act against to the state and therefore a violation of criminal law. c. Most of the answers are correct. d. Contract law deals with wrongs done to someone where a contract does not govern the interaction that caused the harm. e. Liability for damages caused by automobile accidents is an example of negligence.
d. Contract law deals with wrongs done to someone where a contract does not govern the interaction that caused the harm.
Which of the following statement is incorrect? Select one: a. Pain and suffering compensation and loss of consortium (damages suffered by the spouse or family member of a person who has been injured) are compensatory damages. b. Most of the answers are correct. c. Conditions for negligence are (1) defendant has a duty, (2) defendant breached the duty, (3) the breach was proximate cause of accident, and (4) the plaintiff is injured. d. One of the proposals to reform the tort liability system is about increasing payments on pain and suffering damages. e. "Assumption of risk" is one of the defenses to negligence that the defendant can use against plaintiff's claims.
d. One of the proposals to reform the tort liability system is about increasing payments on pain and suffering damages.
Civil law: Select one: a. none of the answers is correct. b. means that the courts cannot reduces damages awarded to the plaintiff by the amount of insurance coverage that the plaintiff was already paid for, and therefore the plaintiff may be paid double for the same losses by both the defendant and the insurer. c. refers to one of the conditions to prove negligence that the defendant must have had a duty to behave so as to protect other parties from harm. d. deals with acts that cause losses to another individual, but for which the state, the public at large, has a less direct interest. e. refers to one of the conditions to prove negligence in which the defendant's behavior is the imminent cause of the plaintiff's injury.
d. deals with acts that cause losses to another individual, but for which the state, the public at large, has a less direct interest.
Which one of the following is not an element of negligence? Select one: a. proximate cause b. breach of duty c. injury to plaintiff d. tort to tortfeasor e. legal duty
d. tort to tortfeasor
Which of the following statement is incorrect? Select one: a. Tort liability types are "no liability," "negligence," "strict liability," and "absolute liability." b. Most of the answers are correct. c. Under a comparative negligence standard, the defendant can be found partially liable for the plaintiff's losses if the court finds that both the defendant's and plaintiff's negligence contributed to the losses. d. The defendant's breach of duty was the proximate cause of the plaintiff's injury is one of the conditions necessary for a plaintiff to show that a defendant was negligent. e. Charitable institutions in some cases and diplomatic missions of countries have strict liability.
e. Charitable institutions in some cases and diplomatic missions of countries have strict liability.
Which of the following statement is correct? Select one: a. A special (economic) damage may be awarded by the court for the punishment of an egregious conduct by the defendant. b. "Assumption of risk" is one of the defenses to negligence that the plaintiff can use against defendant's claims. c. All the answers are incorrect. d. The collateral source rule makes courts to reduce damages awarded by the amount of coverage provided by a plaintiff's first-party life, health, or property insurance, and thus, the plaintiff is not paid twice for the same loss. e. The burden of proof under a negligence rule is on the plaintiff.
e. The burden of proof under a negligence rule is on the plaintiff.
(TRUE or FALSE?) In the case of negligence liability, the burden of proof generally lies on defendant (tortfeasor). Select one: a. FALSE b. TRUE
false
(TRUE or FALSE?) Lack of wealth for a defendant may lead to unlimited liability (or being in breach of duty). Select one: a. TRUE b. FALSE
false
(TRUE or FALSE?) The spectrum (degrees) of tort liability has diligence on one end and pure liability on the opposite end. Select one: a. TRUE b. FALSE
false
(TRUE or FALSE?) According to the collateral source rule, courts are precluded (prevented) from reducing damages by the amount of coverage provided by a plaintiff's life, health, or property insurance. Select one: a. TRUE b. FALSE
true
(TRUE or FALSE?) In the case of "strict liability" as one of tort liability rule, defendant is liable even if not negligent, but might be able to avoid liability using certain defenses. Select one: a. FALSE b. TRUE
true
(TRUE or FALSE?) The defendant's breach of duty was the proximate cause of the plaintiff's injury is one of the conditions necessary for a plaintiff to show that a defendant was negligent. Select one: a. FALSE b. TRUE
true
(TRUE or FALSE?) Tort law deals with wrongs done to someone where a contract does not govern the interaction that caused the harm. Select one: a. FALSE b. TRUE
true
(TRUE or FALSE?) Under a comparative negligence standard, the defendant can be found partially liable for the plaintiff's losses if the court finds that both the defendant's and plaintiff's negligence contributed to the losses. Select one: a. FALSE b. TRUE
true
