Question 1

Xavier decides to buy a tiger cub off of the Internet. As the tiger cub "Sasha" grows, Xavier works with the tiger cub to ensure that it behaves properly when his friends come over, but occasionally Sasha resorts to her tiger instincts. One Saturday as Xavier is grilling steaks for his friends, Sasha jumps on Xavier's guest Joann and bites her as she tries to eat her steak. If Joann sues Xavier, what theory will she use to recover her damages?

Accepted Answer

A)   Pure negligence.
B)   Strict liability.
C)   Res ipsa loquitur.
D)   Negligence per se.
E)   Danger invites rescue doctrine.F) B) and E)
G) C) and D)

Question 2

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Accepted Answer

A)   That the doctrine of res ipsa loquitur applied.
B)   That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the type of accident at issue would not normally happen in the absence of negligence.
C)   That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the dock at issue was in the exclusive control of the defendants.
D)   That the doctrine of res ipsa loquitur did not apply because it only applies in contract cases.
E)   That whether or not the doctrine of res ipsa loquitur applied should be decided by the jury.F) A) and C)
G) A) and E)

Question 3

In reference to the case in the text, Swigart v. Bruno, what was the court's assessment with regards to the risk associated with riding horses in the American Endurance Ride Conference which was described as an "equestrian athletic event?"

Accepted Answer

A)   The court ruled that under contributive negligence principles, Swigart was entitled to recover.
B)   The court ruled that under pure comparative negligence principles, Swigart was entitled to recover.
C)   The court ruled that under modified comparative negligence principles, Swigart was entitled to recover.
D)   The court ruled that Swigart was entitled to recover damages, however, remanded the case to determine whether or not Swigart was really injured.
E)   The court ruled that the assumption of risk doctrine applies to Swigart's claims and he could therefore not recover.F) A) and C)
G) C) and E)

Question 4

Which of the following standards measures the way members of society expect an individual to act in a given situation.

Accepted Answer

A)   Reasonable person
B)   Above-average person
C)   Without error
D)   Perfect accountability
E)   Reasonable accountabilityF) A) and D)
G) B) and E)

Question 5

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Accepted Answer

A)   Res ipsa loquitur.
B)   Negligence per se.
C)   Statutory shop act.
D)   Comparative negligence.
E)   Assumption of the risk.F) A) and C)
G) A) and D)

Question 6

[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog owners from potential injury or property damage. All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Pavel's house. Pavel left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Pavel's gym shoes. Another neighbor sees the whole thing happen and informs Pavel. Pavel knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.
-Naomie will most likely rely upon ________ to defend herself.

Accepted Answer

A)   assumption of the risk
B)   contributory negligence
C)   res ipsa loquitur
D)   comparative negligence
E)   Good Samaritan statutesF) None of the above
G) A) and D)

Question 7

Which of the following damages are intended to reimburse a plaintiff for his or her losses?

Accepted Answer

A)   Compensatory.
B)   Punitive.
C)   Nominal.
D)   Exemplary.
E)   Quantum.F) C) and E)
G) D) and E)

Question 8

Damages in a negligence case refers to ________.

Accepted Answer

A)   The standard of care a reasonable person owes to another.
B)   A failure to live up to the standard of care a reasonable person owes to others.
C)   Actual harm or cause in fact which results from a failure to live up to a standard of care.
D)   Legal cause or the extent to which the defendant is held responsible for actions which fall short of the standard of care.
E)   A compensable loss suffered by the plaintiff.F) All of the above
G) None of the above

Question 9

Courts usually award punitive damages in cases in which the offender has committed ________.

Accepted Answer

A)   Negligence
B)   A strict liability offense
C)   A res ipsa loquitur offense
D)   A tort directly involving negligence per se
E)   Gross negligenceF) A) and E)
G) C) and E)

Question 10

In the Palsgraf v. Long Island Railroad Company case in the readings, the case is famous for ________

Accepted Answer

A)   malpractice by a company to a customer.
B)   addressing the issue of proximate cause in a negligence case.
C)   issuing the standards of care for companies to customers.
D)   assessing damages in a negligence case for customers.
E)   addressing what a breach of duty is by a company for their customers.F) D) and E)
G) A) and B)

Exam 9: Negligence and Strict Liability

Correct Answer
verified

Courts usually award punitive damages in cases in which the offender has committed ________.

Correct Answer
verified

In the Palsgraf v. Long Island Railroad Company case in the readings, the case is famous for ________

Correct Answer
verified

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Correct Answer
verified

In reference to the case in the text, Swigart v. Bruno, what was the court's assessment with regards to the risk associated with riding horses in the American Endurance Ride Conference which was described as an "equestrian athletic event?"

Correct Answer
verified

Correct Answer
verified

Which of the following damages are intended to reimburse a plaintiff for his or her losses?

Correct Answer
verified

Damages in a negligence case refers to ________.

Correct Answer
verified

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Correct Answer
verified

Which of the following standards measures the way members of society expect an individual to act in a given situation.

Correct Answer
verified

Exam 9: Negligence and Strict Liability

Correct AnswerverifiedShow Answer

Courts usually award punitive damages in cases in which the offender has committed ________.

Correct AnswerverifiedShow Answer

In the Palsgraf v. Long Island Railroad Company case in the readings, the case is famous for ________

Correct AnswerverifiedShow Answer

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Correct AnswerverifiedShow Answer

In reference to the case in the text, Swigart v. Bruno, what was the court's assessment with regards to the risk associated with riding horses in the American Endurance Ride Conference which was described as an "equestrian athletic event?"

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following damages are intended to reimburse a plaintiff for his or her losses?

Correct AnswerverifiedShow Answer

Damages in a negligence case refers to ________.

Correct AnswerverifiedShow Answer

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Correct AnswerverifiedShow Answer

Which of the following standards measures the way members of society expect an individual to act in a given situation.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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