QUESTION 1

A cause occurring after the tortfeasor's negligent act that contributes to the victim's injury is:

a substantial cause

a superseding cause

a concurrent cause

an intervening cause

QUESTION 2

A land owner has a duty to warn of and make dangerous conditions safe to this class of people:

a known trespasser

a trespasser

a licensee

an invitee

QUESTION 3

An unavoidable accident is:

an accident

negligence

a freak accident

mere carelessness

QUESTION 4

Danielle only has one leg, and accidentally stumbles and falls on the plaintiff, injuring him. How will her loss of one leg affect Danielle's required standard of care?

Danielle's loss of her leg will increase her responsibility towards the plaintiff.

Danielle's loss of her leg will decrease her responsibility towards the plaintiff.

Danielle's loss of leg will require her to have the same standard of care as a reasonable person, who has lost one leg.

Danielle is excused entirely from any negligence on her part.

QUESTION 5

Foreseeability is most closely associated with which element of negligence?

duty

breach of duty

causation

damages

QUESTION 6

Godwin is walking down the street, swinging his arms wide. He passes by Simone, and his arm catches a package in her hands, causing it to drop. The package contained a special menorah, which had been in Simone's family for years. Which of the following tests should be applied?

Godwin's swinging his arms was a concurrent cause, along with Simone carrying her menorah, which caused the menorah to be broken.

Godwin's swinging his arms was the actual cause of Simone's menorah being broken.

Godwin's swinging his arms was a substantial factor in Simone's menorah being broken.

But-for Godwin's swinging his arms, Simone's menorah would not have been broken.

QUESTION 7

How is breach of duty determined?

by looking at what the defendant intended

by negligence per se, always.

by asking the people at the scene what they thought the defendant intended.

by looking at the defendant's actions and comparing them to what a reasonable person would have done under similar circumstances.

QUESTION 8

Identify the name of the test used to determine proximate cause when the defendant was a major cause of the plaintiff's injury.

the substantial factor test

proximate cause

the but-for test

intervening cause

QUESTION 9

Identify the name of the test used to determine proximate cause when the plaintiff would not have been injured if it were not for the defendant.

the substantial factor test

proximate cause

the but-for test

intervening cause

QUESTION 10

Identify the type of claim usually brought by the plaintiff's spouse.

pain and suffering claim

lost wages claim

loss of consortium

survival action

QUESTION 11

Loss of wages falls under which of the following:

special damages

punitive damages

general damages

nominal damages

QUESTION 12

Medical bills fall under which of the following:

special damages

punitive damages

general damages

nominal damages

QUESTION 13

Medical malpractice cases are most similar to:

strict liability.

intentional torts.

negligence.

products liability.