QUESTION 1 A civil case and a criminal case cannot arise from the same set of events.

True or false

QUESTION 2 Restatements of Torts were written by the courts.

True or false

QUESTION 3 The burden of proof in a civil case is beyond a reasonable doubt.

True or false

QUESTION 4 The plaintiff in a criminal case is the victim.

True or false

QUESTION 5 Unavoidable accidents are not negligence.

True or false

QUESTION 6 If Augustus is driving on the freeway in Colorado, he owes a duty of care to the drivers in New Mexico.

True or false

QUESTION 7 Negligence per se is a violation of statute.

True or false

QUESTION 8 People are normally found negligent for their omissions.

True or false

QUESTION 9 People never have a duty to help one another.

True or false

QUESTION 10 People should look where they are walking.

True or false

QUESTION 11 A defendant acting in an emergency situation is not held to any standards of care.

True or false

QUESTION 12 All the plaintiff has to do to prove a breach of duty is to provide evidence he was injured.

True or false

QUESTION 13 Both the plaintiff and defendant have a duty not to injure the plaintiff.

True or false

QUESTION 14 Contribution means no tortfeasor is compelled to make contributions beyond his pro rata share of liability.

True or false

QUESTION 15 Expert witnesses can testify as to their opinion about whether a duty was breached.

True or false

QUESTION 16 If a defendant's negligent actions were closest in time to the plaintiff's injuries, the defendant will surely be found liable under proximate cause.

True or false

QUESTION 17 If the plaintiff fails to mitigate her damages, she may have her recovery reduced.

True or false

QUESTION 18 If the plaintiff has already had her medical treatment provided by her health insurance, she cannot seek payment from the defendant for her medical treatment.

True or false

QUESTION 19 In the Palsgraf v. The Long Island Railroad Company case, the railroad worker was liable for the injury to Ms. Palsgraf because she was a foreseeable plaintiff.

True or false

QUESTION 20 Plaintiffs must act reasonably in obtaining medical treatment to lessen the effects of their injuries.

True or false

QUESTION 21

Proximate cause can actually limit a plaintiff's recovery.

True or false

QUESTION 22 The Restatement's test for reasonableness of conduct is completely different than the Learned Hand test for reasonableness.

True or false

QUESTION 23 The goal of awarding damages to the plaintiff is to make the plaintiff as whole as possible.

True or false

QUESTION 24 The holding of Summers v. Tice was that the burden of proof shifted to the defendants to prove that one of them did not injure the plaintiff.

True or false

QUESTION 25 The reasonable person is a good citizen.

True or false

QUESTION 26 The reasonable person is a perfect person.

True or false

QUESTION 27 Typically, a plaintiff cannot recover for prior injuries.

True or false

QUESTION 28 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?

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

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

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

D.Danielle is excused entirely from any negligence on her part.

QUESTION 29 A cause occurring after the tortfeasor's negligent act that contributes to the victim's injury is:

A.a substantial cause

B.a superseding cause

C.a concurrent cause

D.an intervening cause

QUESTION 30 Natasha is driving by the scene of an accident when she hears Monica screaming for help and sees Monica trying to crawl away from her car, which is on fire. Does Natasha have a legal duty to call 911?

A.Natasha has a moral duty to call 911.

B.Yes, because calling 911 is not an onerous task.

C.No, because in general, people do not have legal duty to help one another.

D.Yes, because by not calling, Natasha puts Monica into a worse situation.

QUESTION 31 Identify the name of the test used to determine proximate cause when the defendant was a major cause of the plaintiff's injury.

A.the substantial factor test

B.proximate cause

C.the but-for test

D.intervening cause

QUESTION 32 How is breach of duty determined?

A.by looking at what the defendant intended

B.by negligence per se, always.

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

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

QUESTION 33 The doctrine that violating a statute creates a presumption of breach of duty is:

A.negligence per se

B.res ipsa loquitur

C.sin quo non

D.respondeat superior