Question
Hi, i need help with the questions about course personal injury litigation. Chapter 13: 1. The governmental/proprietary distinction is used by some courts in cases
Hi, i need help with the questions about course personal injury litigation.
Chapter 13:
1. The governmental/proprietary distinction is used by some courts in cases involving
a. sovereign immunity.
b. products liability.
c. public nuisance.
d. intentional torts.
e. none of the above.
2. Proprietary actions are those that
a. are not immune from tort liability.
b. are business-like activities engaged in by the government.
c. often include the provision of utility services.
d. all of the above.
e. none of the above.
3. Governmental actions are those that
a. governments perform when they provide certain public protection services.
b. are immune from tort liability.
c. are not immune from tort liability.
d. both A and B.
e. both B and C.
4. Which of the following tests is (are) sometimes applied to distinguish governmental from
proprietary activities?
a. Reasonable person standard
b. Fee standard
c. Pecuniary benefit standard
d. Both A and B
e. Both B and C
5. Which public officials are usually given absolute immunity from tort liability while
performing their public duties?
a. Legislators and politicians
b. Judges and legislators
c. Judges and police
d. All governmental employees
e. None of the above
6. Which of the following illustrates the successful use of public official immunity?
a. Superior Court Judge Carl Heinrich ordered an attorney, Cyprus Telltale, to be jailed for making too many objections during the trial, claiming they were attempts to disrupt the jury's concentration. Cyprus sued Heinrich for false imprisonment.
b. Mayor Victoria St. Beret was arrested for driving under the influence of alcohol.
c. State legislator Kimberly Kravetz stated during a committee hearing on her bill that
members of a lobby group, Defenders of Decency (DOD), which opposed her bill, were
"just another bunch of extremists trying to grab the spotlight." DOD sued Kravetz for defamation.
d. Both A and B illustrate the successful use of public official immunity.
e. Both A and C illustrate the successful use of public official immunity.
7. Which of the following is the best illustration of governmental immunity?
a. The county's failure to provide 911 emergency telephone dispatch service between the
hours of midnight and 6:00 a.m.
b. The city police beating up a suspect in the street
c. The state police stopping only out-of-state drivers for traffic violations
d. The county prosecutor offering reduced sentencing to criminal defendants in exchange
for stolen goods
e. None of the above is an illustration of governmental immunity.
8. Which of the following illustrates the immunity extended to children of tender years?
a. Mark, age 10, throws a ninja sword at Rebekah, age 6, injuring her leg.
b. Anna, age 2, shoots a BB gun at Wesley, age 8, wounding his chest.
c. Samantha, age 1, hits Daniel, age 5, in the head with a frying pan.
d. Both A and B illustrate the immunity extended to children of tender years.
e. Both B and C illustrate the immunity extended to children of tender years.
9. "The king can do no wrong" refers to
a. public nuisances.
b. negligence per se.
c. sovereign immunity.
d. statutes of limitations.
e. none of the above.
10. In negligence cases, a young child's age
a. makes it impossible for the child to be considered negligent.
b. is only one factor considered by most courts regarding the child's negligence.
c. is irrelevant to negligence.
d. makes the child absolutely immune from intentional torts.
e. none of the above.
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