QUESTION 1

1. A defendant can decide whether to proceed under a defense of comparative or contributory negligence.

True

False

QUESTION 2

1. A part-time employee is an independent contractor.

True

False

QUESTION 3

1. A person invited onto the land is known as an invitee.

True

False

QUESTION 4

1. An issue in calculating damages in medical malpractice cases is when a plaintiff is in some way already injured when she goes to the medical professional.

True

False

QUESTION 5

1. Contributory negligence benefits corporate America.

True

False

QUESTION 6

1. Dillon holds that a relative who is not at an accident scene cannot recover for emotional distress.

True

False

QUESTION 7

1. If a plaintiff dies, medical malpractice must have been involved.

True

False

QUESTION 8

1. If a plaintiff is at all at fault, she cannot recover under comparative negligence.

True

False

QUESTION 9

1. If a state is a comparative negligence state, the doctrine of last clear chance does not normally apply.

True

False

QUESTION 10

1. If an adult with all his mental facilities does not want life saving treatment and is able to verbally express that desire, a doctor who treats the patient anyway will be liable for battery.

True

False

QUESTION 11

1. If an employee injures a plaintiff while on the job, the employer may also be liable to the plaintiff.

True

False

QUESTION 12

1. Under the therapeutic exception, if a person is not conscious and is unable to give consent in an emergency, then consent does not need to be obtained.

True

False

QUESTION 13

1. To be found liable under the doctrine of contributory negligence, the plaintiff has to have been the proximate cause of his injuries.

True

False

QUESTION 14

1. The defendant must prove last clear chance.

True

False

QUESTION 15

Statutes of limitations start running when the plaintiff is injured except in some cases of medical malpractice.

True

False

QUESTION 16

1. Specialists are expected to maintain national levels of expertise in their fields.

True

False

QUESTION 17

1. Plaintiffs injured by medical professionals who are not working at the time of injury can still sue medical professionals under a medical malpractice theory.

True

False

QUESTION 18

1. Paralegals can have their names on the firm's letterhead.

True

False

QUESTION 19

1. Most states follow the principles of contributory negligence.

True

False

QUESTION 20

1. Landowners must child proof their properties.

True

False

QUESTION 21

1. Katko v. Briney held that property owners should not use deadly force to protect property.

True

False

QUESTION 22

1. In Li v. Yellow Cab, the court was persuaded by how many states had already switched to comparative negligence.

True

False

QUESTION 23

1. If the patient is facing a life-threatening injury, it is not necessary to obtain informed consent.

True

False

QUESTION 24

North Carolina is a contributory negligence state.

True

False

QUESTION 25

Lack of intent is a defense to negligence.

True

False