multiple choice

28.Which of the following statements is TRUE regarding the duty of care in negligence law?

-The fact that a defendant's actions injured the plaintiff proves that the defendant violated a duty of care.

-A doctor owes an ordinary duty of care to her patients.

-Jim set up a trampoline in his backyard. A grandchild visiting his neighbor across the street wandered into Jims yard, jumped on the trampoline, and injured himself. Jim owes a duty of care to the child only if he knew that his neighbors had grandchildren.

-If a defendant can foresee an injury to a particular person, she has a duty to act reasonably towards that person.

-A defendant owes a duty of care to the plaintiff only if a statute imposes such a duty.

29.Which of the following statements is TRUE about diversity jurisdiction?

-It involves cases where individuals sue businesses.

-It describes cases that begin in the state court system but end up in the United States Supreme Court.

-None of the four substantive statements correctly describes diversity jurisdiction.

-It provides a way for a plaintiff to file a lawsuit in federal court when the defendant lives in another state.

-It allows a plaintiff to have home court advantage in the state in which he lives.

30.Which of the following statements regarding the tort of negligence is/are TRUE?

-As long as a plaintiff can prove that the defendant acted unreasonably, it doesn't matter whether the plaintiff suffered actual injuries from the negligence.

-A jury will determine whether the defendants conduct proximately caused the plaintiffs injuries.

-An injury is said to be proximately caused by the defendants conduct when but for the conduct the injury would not have occurred.

-The plaintiff always has the burden of proving that the defendant's conduct was negligent.

-All four of the substantive statements are true.