Which of the following is an element of negligence?
|A)||The defendant acted intentionally to cause injury.|
|B)||The defendant's attitude violated that duty.|
|C)||The defendant's conduct was a cause in fact of the harm to the plaintiff.|
|D)||The plaintiff suffered actual injuries or losses.|
Marian did not realize it, but her dentist was drunk when he fixed a cavity. However, the dentist filled the cavity properly. Did the dentist commit a tort?
|A)||Yes, because by being drunk the dentist violated the duty to act with reasonable care.|
|B)||No, because the dentist did not cause any injuries or losses.|
|C)||Yes, because the dentist had a duty to act with reasonable care which he failed to do.|
|D)||No, because Marian did not realize the dentist was drunk.|
When is a person liable for failing to act?
|A)||When there is a special relationship between the plaintiff and defendant.|
|B)||When their failure to act is unreasonable.|
|C)||When their failure to act is immoral.|
|D)||When the defendant could have acted without harm to their own interest.|
Jaime claims that his lawyer committed negligence. The lawyer's conduct will be viewed by which standard?
|A)||what the typical, average person would do|
|B)||what the ordinary, prudent person would do|
|C)||what the ordinarily prudent lawyer would do|
|D)||lawyers cannot be sued for negligence|
When people under 18 years of age drive a car, their driving will be judged by which standard?
|A)||reasonable standard that applies to adults|
|B)||reasonable standard that applies to minors of the same age|
|C)||reasonable standard that applies to minors of the same intelligence|
|D)||reasonable standard that applies to minors of the same experience|
Titania was talking on her cell phone as she filled her gas tank. This caused static electricity to ignite a fire and explosion. A man in an upstairs window across the street was so startled, he fell out of the window, breaking his collar bone. Titania's act of talking on the cell phone
|A)||is the cause in fact of the man's injuries.|
|B)||is the proximate cause of the man's injuries.|
|C)||did not cause the man's injuries.|
|D)||foreseeably caused the man's injuries.|
What is the underlying reason for awarding damages in negligence cases?
|A)||to deter people from acting negligently|
|B)||to restore plaintiffs to their pre-injury condition|
|C)||to penalize the defendant for acting negligently|
|D)||to console the plaintiff by giving them money|
In situations where plaintiffs are contributorily negligent, the plaintiffs will
|A)||only win a portion of the costs to restore them to a pre-injury condition.|
|B)||not win any damages.|
|C)||win damages for all their economic injuries.|
|D)||win damages for all their economic injuries and non-economic losses.|
In a state using comparative negligence, a jury decides that Jenica (the plaintiff) suffered $100,000 in damages from a car crash with Noah (the defendant), that Jenica is 30 percent at fault, and that Noah is 70 percent at fault. What is the outcome?
|A)||Jenica will not recover any money from Noah.|
|B)||Jenica will recover $30,000 from Noah.|
|C)||Jenica will recover $70,000 from Noah.|
|D)||Jenica will recover $100,000 from Noah.|
Assumption of the risk is a defense to negligence that is used when the
|A)||plaintiff assumed the defendant would act reasonably.|
|B)||plaintiff knew of a risk but decided to accept the risk.|
|C)||defendant assumed the plaintiff would be careful.|
|D)||defendant knew of a risk but acted unreasonably.|