Question 1 (1 point) Paula and Dana are in a car accident because Dana ran a red light and hit Paula. There is no relationship
Question 1 (1 point)
Paula and Dana are in a car accident because Dana ran a red light and hit Paula. There is no relationship between them. Paula sues Dana for negligence and Dana moves to dismiss the case, arguing that she does not owe Paula a duty of care because there is not a relationship between Paula and Dana. A judge should:
Question 1 options:
a)
Grant the motion to dismiss because a relationship is required for Dana to owe Paula and duty of care.
b)
Grant the motion because Dana is not negligent.
c)
Deny the motion because a relationship is not required to establish a duty of care to not injure another person.
d)
Deny the motion because Dana is negligent.
Question 2 (1 point)
Which of the following is not a difference between ordinary negligence and professional negligence?
Question 2 options:
a)
The required elements.
b)
The relationship between the plaintiff and the defendant.
c)
The use of experts.
d)
The standard of care.
Question 3 (1 point)
In professional negligence cases, experts are:
Question 3 options:
a)
Not required.
b)
Not required if the issues in the case are within the common knowledge of the jury.
c)
Always required.
d)
Always required in medical malpractice cases only.
Question 4 (1 point)
Which of the following is used to establish the standard of care in professional negligence?
Question 4 options:
a)
Customary or accepted practices used by professionals.
b)
Expert testimony about what the expert would do in a given situation.
c)
Evidence about what a reasonable person would do.
d)
All of the above.
Question 5 (1 point)
In Hall v. Hilbun, the court:
Question 5 options:
a)
Ruled that the locality rule applied and limited expert testimony to those experts that practiced medicine in the same locality as the defendant doctor.
b)
Ruled that the locality rule applied and that the standard of care was what a minimally competent doctor who practiced medicine in the same geographical area as the defendant doctor would do in similar circumstances.
c)
Ruled that a national standard of care applied with a local component to take into account the available resources, equipment, and facilities.
d)
Ruled that experts must be familiar with the local resources available to the defendant doctor in order to be able to testify.
Question 6 (1 point)
What factors did the court use in Lewis v. Rodriquez to determine if professional negligence or ordinary negligence applied to a polygraph examiner?
Question 6 options:
a)
Reasonableness, training, the exercise of judgment.
b)
Experience, training, the exercise of judgment.
c)
Reasonableness, the exercise of discretion, licensure.
d)
Training, the exercise of judgment and discretion, licensure.
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