27 Oct QUESTION 1 A cause occurring after the tortfeasor’s negligent act that contributes to the victim’s injury is:

 

                                a substantial cause

                                a superseding cause

                                a concurrent cause

                                an intervening cause

 

QUESTION 2

A land owner has a duty to warn of and make dangerous conditions safe to this class of people:

                                a known trespasser

                                a trespasser

                                a licensee

                                an invitee

 

QUESTION 3

An unavoidable accident is:

                                an accident

                                negligence

                                a freak accident

                                mere carelessness

 

QUESTION 4

Danielle only has one leg, and accidentally stumbles and falls on the plaintiff, injuring him. How will her loss of one leg affect Danielle’s required standard of care?

                                Danielle’s loss of her leg will increase her responsibility towards the plaintiff.

                                Danielle’s loss of her leg will decrease her responsibility towards the plaintiff.

                                Danielle’s loss of leg will require her to have the same standard of care as a reasonable person, who has lost one leg.

                                Danielle is excused entirely from any negligence on her part. 

 

QUESTION 5

Foreseeability is most closely associated with which element of negligence?

                                duty

                                breach of duty

                                causation

                                damages

 

QUESTION 6

Godwin is walking down the street, swinging his arms wide. He passes by Simone, and his arm catches a package in her hands, causing it to drop. The package contained a special menorah, which had been in Simone’s family for years. Which of the following tests should be applied?

                                Godwin’s swinging his arms was a concurrent cause, along with Simone carrying her menorah, which caused the menorah to be broken.

                                Godwin’s swinging his arms was the actual cause of Simone’s menorah being broken.

                                Godwin’s swinging his arms was a substantial factor in Simone’s menorah being broken.

                                But-for Godwin’s swinging his arms, Simone’s menorah would not have been broken.

 

 

QUESTION 7

How is breach of duty determined?

                                by looking at what the defendant intended

                                by negligence per se, always.

                                by asking the people at the scene what they thought the defendant intended.

                                by looking at the defendant’s actions and comparing them to what a reasonable person would have done under similar circumstances.

 

QUESTION 8

Identify the name of the test used to determine proximate cause when the defendant was a major cause of the plaintiff’s injury.

                                the substantial factor test

                                proximate cause

                                the but-for test

                                intervening cause

 

QUESTION 9

Identify the name of the test used to determine proximate cause when the plaintiff would not have been injured if it were not for the defendant.

                                the substantial factor test

                                proximate cause

                                the but-for test

                                intervening cause

 

QUESTION 10

Identify the type of claim usually brought by the plaintiff’s spouse.

                                pain and suffering claim

                                lost wages claim

                                loss of consortium

                                survival action

 

QUESTION 11

Loss of wages falls under which of the following:

                                special damages

                                punitive damages

                                general damages

                                nominal damages

 

QUESTION 12

Medical bills fall under which of the following:

                                special damages

                                punitive damages

                                general damages

                                nominal damages

 

QUESTION 13

Medical malpractice cases are most similar to:

                                strict liability.

                                intentional torts.

                                negligence.

                               products liability.