Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
1.
(p. 216)
In some situations, the law specifies the duty of care one individual owes to another.
2.
(p. 217)
The courts generally hold that landowners have a duty to protect individuals on their
property.
3.
(p. 225)
When negligence per se applies, the plaintiff is required to show that a reasonable person
would exercise a heightened duty of care toward the plaintiff.
4.
(p. 226-227)
A plaintiff in a negligence suit may choose whether the plaintiff wishes pure
comparative negligence or modified comparative negligence to be applied by the court.
5.
(p. 227)
According to the pure comparative negligence defense, a defendant must be more than
50% at fault before the plaintiff can recover.
6.
(p. 227)
Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a
lawsuit.
7.
(p. 227)
More than half the states remain contributory negligence states.
8.
(p. 227)
To use the assumption of the risk defense successfully, a defendant must prove that the
plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant
caused.
9.
(p. 227)
Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a
written contract, to assume the risk posed by the defendant's behavior.
10.
(p. 229)
Good Samaritan statutes impose liability upon people for refusing to stop at accident
scenes.
11.
(p. 229)
Strict liability is liability without fault.
12.
(p. 224)
In
District of Columbia v. Wayne Singleton
, the case in the text involving the single-
vehicle bus accident, the court applied the doctrine of
res ipsa loquitur
because a single-vehicle
accident is a type that does not normally occur in the absence of negligence.
13.
(p. 230)
Which of the following was the result on appeal in
John Coomer v. Kansas City Royals
Baseball Team
, the case in the text in which the plaintiff sued after being hit in the eye by a
hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary
activity during games?
14.
(p. 215)
Assume Bob, who had no notice of any heart problem, is driving and suddenly has an
unexpected heart attack causing him to run over a student crossing the street breaking the
student's leg in the process. Which of the following is true?
15.
(p. 216)
Which of the following must a plaintiff prove to win a negligence case?
16.
(p. 216)
The ________ standard is a measurement of the way members of society expect an
individual to act in a given situation.
17.
(p. 216)
While driving her car down the street, Susan sees a child playing near the road with no
adult around. Which of the following is true?
18.
(p. 217)
Tina negligently hits student Susie with her car. Which of the following is true?
19.
(p. 218)
Clients who feel that they have suffered damages as a result of a professional's breach of
his or her duty of care can bring a negligence case against the professional referred to as a
_____________ case.
20.
(p. 217)
Which of the following is true regarding the duty that a business owes to customers?
21.
(p. 219)
Which of the following are elements of causation?
22.
(p. 219)
Actual cause is also known as ______.
23.
(p. 218)
Which of the following is sometimes referred to as "but for" causation?
24.
(p. 219)
Proximate cause is also sometimes referred to as which of the following?
25.
(p. 219)
Which of the following refers to the extent to which, as a matter of policy, a defendant
may be held liable for the consequences of his actions?
26.
(p. 219)
In most states, proximate cause is determined by _______.
27.
(p. 221)
Which of the following damages are intended to reimburse a plaintiff for his or her
losses?
28.
(p. 221)
Why are punitive damages awarded?
29.
(p. 221)
Courts usually award punitive damages in cases in which the offender has committed
______.
