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30.
(p. 221)
Which of the following aids plaintiffs in establishing negligence claims?
31.
(p. 221)
When would a defendant use the doctrine of
res ipsa loquitur
?
32.
(p. 222)
Assuming
res ipsa loquitur
is established, what is the effect of that doctrine?
33.
(p. 222)
Which of the following is true regarding the law of negligence in Germany?
34.
(p. 224)
What does the term "negligence per se" mean literally?
35.
(p. 224-225)
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?
36.
(p. 225)
Which of the following is an example of a dram shop act?
37.
(p. 226)
Which of the following is true regarding contributory negligence?
38.
(p. 226)
Which of the following must the defendant prove in order to rely upon the defense of
contributory negligence?
39.
(p. 226)
Which of the following is a doctrine that allows the plaintiff to recover damages despite
proof of contributory negligence as long as the defendant had a final clear opportunity to avoid
the action that injured the plaintiff?
40.
(p. 226)
Assume Bobby begins to cross the street in a jurisdiction that applies contributory
negligence. He does not go to a crosswalk but proceeds to illegally cross the street without
checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not
in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby
should be taught a lesson about how to cross the street. Slick does slow down somewhat and
only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following
is most likely to happen in a contributory negligence jurisdiction?
41.
(p. 226-227)
Why have most states replaced the contributory negligence defense with a
comparative negligence theory?
42.
(p. 227)
Under which of the following does the court determine the percentage of the fault of the
defendant with the defendant then being liable for that percentage of the plaintiff's damages,
with no requirement that the defendant be more than 50% at fault?
43.
(p. 227)
Under which of the following does the court determine the percentage of fault of the
defendant requiring that the defendant be more than 50% at fault before the plaintiff can
recover?
44.
(p. 227)
Which of the following is a doctrine available to defendants whereby a defendant may
avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk
of the actual harm that the defendant caused?
45.
(p. 227)
Which of the following occurs when a plaintiff expressly agrees, usually in a written
contract, to assume the risk posed by the defendant's behavior?
46.
(p. 227)
Which of the following occurs when a plaintiff implicitly assumes a known risk?
47.
(p. 227)
Which is the most difficult part of establishing the defense of assumption of the risk?
48.
(p. 228-229)
In reference to the case in the text,
Ex Parte Emmette L. Barran, III
, what was the
result after the plaintiff sued the national and local Kappa Alpha organization following hazing
activities?
49.
(p. 229)
Which of the following are laws holding that people in peril who receive voluntary aid
from others cannot hold those offering aid liable for negligence?
50.
(p. 229)
Which of the following is an unforeseeable event which interrupts the causal chain
between the defendant's breach of duty and the damages the plaintiff suffered?
