TORT LAW: 105

I NEED THIS DONE ASAP PLEASE

TRUE OR FALSE

____T____F 35. It is not unethical for an attorney to split a legal fee earned in a case with a medical provider (chiropractor, physician, dentist) who referred the patient to the attorney for representation by the attorney.

____T____F 36. A defamatory statement made in writing, alleging a man/woman has a communicable sexual disease, is called libel per se, because the defamatory statement is so damaging to his/her reputation, that monetary compensation, against the defendant, is presumed. ____T____F 37. A child is held to the same standard of negligence as children of similar age, background, education, and experience.

____T____F 38. Under New Jersey comparative negligence law, Plaintiff will be barred (prevented) from recovering any damages if Defendant proves by a preponderance of the credible evidence, that Plaintiff caused or contributed, in any way, to the happening of the accident or occurrence.

____T____F 39. Under pure comparative negligence, Plaintiff is entitled to receive some award of damages, no matter how great his/her percentage fault, so long as the defendant is found to be at least one (1%) percent negligent.

____T____F 40. In New Jersey, under the modified form of comparative negligence, Plaintiff will recover damages against the defendant, provided Plaintiff proves that Defendant was fifty (50%) percent or more responsible for the accident or occurrence.

____T____F 41. In New Jersey, a judge will usually deny a motion for partial Summary Judgment, or a directed verdict at the end of Plaintiff's case, on the issue of liability (fault) against only one of multiple Defendants since the issue of determining or apportioning the percentage of liability (fault) amongst the multiple defendants is always a question for the jury to determine.

____T____F 42. A paralegal should have a trial notebook designed to avoid problems at trial and to handle problems if they arise as expeditiously as possible.

____T____F 43. The theory behind making defamation a tort is that a Plaintiff should have a cause of action to protect his/her reputation.

____T____F 44. One of the best attacks a defense attorney can make against the Plaintiff's claim for injuries, pain, and suffering, bodily impairment and disability is that the Plaintiff was injured in a prior accident and the injuries Plaintiff sustained in the prior accident are the result of Plaintiff's pain and suffering from that accident and not the collision, accident or occurrence with this Defendant.

____T____F 45. A Plaintiff is not required to mitigate or lessen his/her damages whenever reasonably possible including receiving medical treatment that will probably improve Plaintiff's condition or lessen his/her pain, suffering, bodily impairment, and disability.

____T____F 46. Loss of consortium is a claim raised by the spouse of the injured Plaintiff alleging loss of the injured Plaintiff's services, society, companionship, and marital relations.