Flag question: Question 1 Question 1 1 pts

The violation of a statute may be negligence per se if:

Group of answer choices

The alleged violator of the statute is found guilty of violation

The legislature intended for the statute to be the basis of strict liability

The plaintiff is a member of the class of persons intended to be protected by the statute and the hazard to the plaintiff from defendants act is among the risks addressed by the statute

The plaintiff is injured as a result of the statutory violation

Flag question: Question 2 Question 2 1 pts

A minor, even if engaged in dangerous or adult activities, will not be found liable for negligence.

Group of answer choices

False

True

Flag question: Question 3 Question 3 1 pts

A reason for the demise of the locality rule in application of custom and practice within the medical profession is:

Group of answer choices

There are prohibitive costs associated with requiring a plaintiff to adduce the testimony of another physician within the community of the defendant/physician

There are practical problems in finding a physician willing to testify as to the negligence of a fellow physician in the same community

Medical malpractice insurers did not like the rule

Such a rule is unconstitutional

Flag question: Question 4 Question 4 1 pts

A special standard of care is generally applicable in cases involving the professional negligence of:

Group of answer choices

Accountants, physicians, and lawyers

Physicians and lawyers

Product designers and pharmaceutical companies

Accountants and lawyers

Flag question: Question 5 Question 5 1 pts

A statement of the reasonable person standard which embodies Judge Learned Hands calculus is: A person acts negligently if the person does not exercise reasonable care under all the circumstances. Primary factors to consider in ascertaining whether the person's conduct lacks reasonable care are the foreseeable likelihood that the persons conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.

Group of answer choices

True

False

Flag question: Question 6 Question 6 1 pts

Circumstantial evidence of negligence may be proven if plaintiff can establish that his injury:

Group of answer choices

Was caused by an instrumentality in the alleged defendant's control

Was particularly egregious

Would not have occurred without someones negligence

Would not have occurred without someones negligence and the instrumentality of the injury was in defendant's control

Flag question: Question 7 Question 7 1 pts

Exceptions to application of the objective, reasonably prudent person standard may include:

Group of answer choices

Physically and mentally impaired persons

Very young minors and physically impaired persons

Physically and mentally impaired persons and minors

Very young minors and mentally impaired persons

Flag question: Question 8 Question 8 1 pts

In a civil jury trial, the jury must apply the law to the factual conclusions to which the jury has arrived. The jury becomes knowledgeable of the applicable law through:

Group of answer choices

Studying the law at the courthouse law library

Deciding what the law ought to be during jury deliberations

Googling the legal issues

Instructions in the rules of law delivered by the judge to the jury prior to jury deliberations

Flag question: Question 9 Question 9 1 pts

In which of the following scenarios is a duty of care least likely to be found?

Group of answer choices

A dentist gives the wrong anesthetic to a patient

A police officer fails to fingerprint a dangerous criminal

A local authority places the wrong traffic sign at an intersection

An attorney carelessly conducts his client's court case

Flag question: Question 10 Question 10 1 pts

Negligence is best defined as the liability imposed on an actor for his failure to exercise the care of a reasonably prudent person under the circumstances so as to avoid foreseeable risks of injury to another.

Group of answer choices

False

True

Flag question: Question 11 Question 11 1 pts

Physicians have a duty to disclose the risks of medical treatment and to obtain the informed consent of the patient.

Group of answer choices

True

False

Flag question: Question 12 Question 12 1 pts

Some reasons for the increase in the cost of medical malpractice insurance include:

Group of answer choices

General litigiousness and increasing costs of medical care itself

The general practice of defensive medicine

Statutory requirements imposed upon malpractice insurers

The general need of insurance companies to generate profits for shareholders

Flag question: Question 13 Question 13 1 pts

The burden of proof on a plaintiff in a civil case requires:

Group of answer choices

The plaintiff to produce evidence supporting her case

The plaintiff to show that the evidence supports a conclusion of fault

The defendant to disprove the sufficiency of all of plaintiff's evidence

The plaintiff to produce evidence supporting her case and to show that the evidence supports a conclusion of fault

Flag question: Question 14 Question 14 1 pts

The defendant in a tort suit bears the burden of proof on each element of the case.

Group of answer choices

True

False

Flag question: Question 15 Question 15 1 pts

The doctrine of res ipsa loquitur forces the defendant to present evidence.

Group of answer choices

True

False

Flag question: Question 16 Question 16 1 pts

The special duty of care applicable to lawyers and physicians is generally grounded in notions of professional custom.

Group of answer choices

True

False

Flag question: Question 17 Question 17 1 pts

The violation of a statute can never provide a basis for finding a statutory violator to be negligent.

Group of answer choices

True

False

Flag question: Question 18 Question 18 1 pts

What type of evidence is permissible for the plaintiff to bring up and prove negligence?

Group of answer choices

Physical evidence

Demonstrative evidence

Eyewitness and expert testimony

All of the above

Flag question: Question 19 Question 19 1 pts

Which of the following best describes the main function of duty of care element in negligence?

Group of answer choices

It ensures that the correct defendant is sued

It ensures that the claimant is always within the time limit for bringing an action

It ensures that the tort of negligence does not extend too widely

It ensures that the wrongdoer has actually been careless

Flag question: Question 20 Question 20 1 pts

Which of the following is not a required element in establishing a negligence action?

Group of answer choices

Breach of duty

Malicious intent on the part of the defendant

Duty of care

Causation of damage of a legally recognized type