The Liability Risk

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Question 1
Free
Multiple Choice

Which of the following statements about torts is (are) true?
I)The person who is injured or harmed by a tort is called a plaintiff or claimant.
II)The punishment for committing a tort is damages in the form of money.

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A

I only

B

II only

C

both I and II

D

neither I nor II

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Question 2
Free
Multiple Choice

Which of the following is an intentional tort?

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A

slander

B

negligence

C

strict liability

D

murder

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Question 3
Free
Multiple Choice

A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example of

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A

general damages.

B

comparative negligence.

C

an intentional tort.

D

strict liability.

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Question 4
Free
Multiple Choice

Failure to exercise the degree of care required by law to protect others from harm is called

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A

premeditated liability.

B

vicarious liability.

C

punitive damages.

D

negligence.

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Question 5
Free
Multiple Choice

All of the following are elements of negligence EXCEPT

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A

the ability to pay damages.

B

the failure to perform a legal duty to use reasonable care.

C

damage or injury to a claimant.

D

proximate cause between the negligent act and the injury or harm that occurs.

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Question 6
Multiple Choice

Which of the following statements about the elements of negligence is (are) true?
I)The negligence of the tortfeasor may arise from a failure to act.
II)The damage that results must be in the form of property damage.

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A
I only
B
II only
C
both I and II
D
neither I nor II
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Question 7
Multiple Choice

Damages awarded for losses that can be determined or measured are

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A
special damages.
B
general damages.
C
punitive damages.
D
comparative damages.
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Question 8
Multiple Choice

Which of the following statements about monetary damages awarded by a court is (are) true?
I)The purpose of general damages is to provide benefits for medical expenses or loss of earnings.
II)The purpose of punitive damages is to punish the tortfeasor so that others are deterred from committing the same wrongful act.

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A
I only
B
II only
C
both I and II
D
neither I nor II
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Question 9
Multiple Choice

Heather sued Robert for injuries suffered in an automobile accident. Based on the facts presented, the jury concluded that Heather was 40 percent at fault in the accident and Robert was 60 percent at fault. Under the common law doctrine of contributory negligence, the jury should award Heather

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A
nothing.
B
40 percent of her actual damages.
C
60 percent of her actual damages.
D
100 percent of her actual damages.
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Question 10
Multiple Choice

Which of the following statements about comparative negligence laws is (are) true?
I)Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages.
II)Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.

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A
I only
B
II only
C
both I and II
D
neither I nor II
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Question 11
Multiple Choice

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?

Choose correct answer/s
A
vicarious liability
B
the last clear chance rule
C
contributory negligence
D
the assumption of risk doctrine
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Question 12
Multiple Choice

A common situation involving strict liability includes which of the following?

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A
operating a motor vehicle
B
blasting operations
C
manufacturing a product
D
mining operations
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Question 13
Multiple Choice

Which of the following may give rise to imputed negligence?

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A
employer-employee relationships
B
injury to a trespasser
C
sole proprietorships
D
attractive nuisance situations
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Question 14
Multiple Choice

All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT

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A
The injured party has not contributed to the accident in any way.
B
The injured party must prove negligence on the part of the defendant.
C
The event is one that normally does not occur in the absence of negligence.
D
The defendant has exclusive control over the instrumentality causing the accident.
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Question 15
Multiple Choice

Under certain conditions, the wrongful acts of one person can be attributed to another person. This practice is called

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A
imputed negligence.
B
mediation.
C
comparative negligence.
D
strict liability.
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Question 16
Multiple Choice

Which of the following statements about the legal obligations of a property owner is (are) true?
I)A property owner must inspect the premises for the benefit of an invitee and correct any unsafe conditions.
II)A property owner has the right to set a trap designed to injure a trespasser.

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A
I only
B
II only
C
both I and II
D
neither I nor II
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Question 17
Multiple Choice

Under common law, which of the following persons is most likely to be classified as an invitee?

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A
a mail carrier
B
a social guest
C
a door-to-door salesperson
D
a solicitor for a charitable organization
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Question 18
Multiple Choice

Which of the following are legal obligations of a property owner with respect to an invitee?
I)The property owner must warn an invitee of any unsafe conditions.
II)The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.

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A
I only
B
II only
C
both I and II
D
neither I nor II
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Question 19
Multiple Choice

What is the intent of the family purpose doctrine?

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A
to impose liability on children for the care of elderly parents
B
to impose liability on the owner of an automobile for the negligence of immediate family members operating the automobile
C
to impose liability on a parent for any negligence caused by a child
D
to impose strict liability on the owner of a wild animal for any injuries caused by the animal
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Question 20
Multiple Choice

Which of the following statements about the immunity of governmental entities is (are) true?
I)Governmental entities are more likely to be immune from liability when performing proprietary functions than when performing governmental functions.
II)Many courts have eliminated the immunity of government entities.

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A
I only
B
II only
C
both I and II
D
neither I nor II
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