Question
1. A plaintiff was in a car accident and was injured. The jury found her to be 30% responsible for the accident. What is she
1. A plaintiff was in a car accident and was injured. The jury found her to be 30% responsible for the accident. What is she entitled to collect from the defendant? A. 30% of her damages. B. 70% of her damages.
C. 100% of her damages. D. Since she was partially liable, she cannot collect anything from the defendant. --- 2. Art owed Bob $500 which was more than a year overdue. Bob became intoxicated at a party one night and tole the party-goers that Art owed him a debt that Art had not paid in over a year. Assuming Art's reputation suffered damages from Bob's statement, could Art recover from Bob for defamation? A. Yes because Bob exceeded his right to free speech by exercising it unreasonably. B. Yes because Bob communicated the statement to third persons. C. Yes because the suggestion that a person does not pay his debts will subject that person to ridicule and scorn. D. No because Bob has the defense of truth. --- 3. Lomax, age 25, was having trouble staying afloat in a hotel pool. The pool's filtration system was faulty causing cloudy water. The lifeguard was delayed reaching and saving Lomax because of the water's cloudiness. Lomax suffered brain injury as a result. A state statute requires that facilities with swimming pools have operable filtration systems. Which of the following negligence doctrines would apply in this situation? A. Negligence per se. B. Comparative negligence. C. Both of the above. D. Neither of the above. --- 4. In a negligence case, what determines whether the defendant had a duty to act carefully? A. Whether the defendant is at least 18 years old. B. Whether the defendant acted intentionally. C. Whether the plaintiff's injury was foreseeable. D. Whether defendant was familiar with the area where the plaintiff's injury occurred. --- 5. Grace died in a car accident. Her doctor reported that immediately prior to the accident she suffered a stroke causing her to lose control of the car which in turn caused the accident. Assume that Grace's family was able to prove that the manufacturer of the car sold it with knowledge of a defect in its design. Assume also the car was working properly at the time of the accident despite the defect. If Grace's family sued the manufacturer in tort for her death, which of the following would most likely defeat the family's action? A. Inability to show breach of duty by the manufacturer. B. Inability to show injury to Grace C. Inability to show proximate cause. D. None of the above; the lawsuit should be successful. --- 6. For which of the folllowing types of injuries can an injured plaintiff in a tort lawsuit receive compensation? A. Pain and suffering. B. Property damage. C. Loss of enjoyment of life. D. Two of the above. E. All of the above.
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