66) ________ is a point along a chain of events caused by a negligent party after which this party
is no longer legally responsible for the consequences of his or her actions.
A) Causation in fact
B) Point of reason
C) Point of appropriation
D) Proximate cause
67) If a lawyer fails to file a document with the court on time, causing his client’s case to be
dismissed, he would be liable for ________.
A) professional malpractice
B) intentional misrepresentation
C) tort of appropriation
D) breach of the duty of care
68) Martha is walking along a street with her son when he is hit by a passing car just as he steps
off the pavement. He dies in his mother’s arms, leaving her traumatized. The court hearing the
case rules that Martha’s son was “not responsible for the accident.” Martha can sue the person
who killed her son to recover damages for ________.
A) tort of outrage
B) breach of duty of care
C) negligent infliction of emotional distress
D) transfer of intent
69) The violation of a statute that proximately causes an injury is termed as ________.
A) disparagement
B) res ipsa loquitur
C) negligence per se
D) misappropriation
70) In order to claim damages for negligence per se, the plaintiff has to prove that ________.
A) the defendant was in exclusive control of the situation
B) the plaintiff was within a class of persons meant to be protected by the violated statute
C) the defendant made a false representation of material fact
D) the plaintiff was affected by malicious statements made by the defendant about his/her
character
71) A pedestrian trips and falls on a poorly lighted sidewalk in front of Kate Geller’s house and is
injured. If the pedestrian sues for damages, which of the following parties is would be liable to
pay the damages?
A) the civic authority
B) Kate Geller
C) the residents’ association of the locality
D) the pedestrian
72) ________ is a doctrine that raises a presumption of negligence and switches the burden to the
defendant to prove that he or she was not negligent.
A) Res ipsa loquitur
B) Negligence per se
C) Doctrine of proximate cause
D) Doctrine of comparative negligence
73) ________ is a statute that relieves medical professionals from liability for ordinary
negligence when they stop and render aid to victims in emergency situations.
A) Good Samaritan law
B) Assumption of the risk
C) Duty of care
D) Res ipsa loquitur
74) Martha is walking along a street with her son when he is hit by a passing car just as he steps
off the pavement. He dies in his mother’s arms, leaving her traumatized. The court hearing the
case rules that Martha’s son was “not responsible for the accident.” Martha can sue the person
who killed her son to recover damages for ________.
A) breach of duty of care
B) negligent infliction of emotional distress
C) transfer of intent
D) tort of outrage
75) The violation of a statute that proximately causes an injury is termed as ________.
A) negligence per se
B) disparagement
C) misappropriation
D) res ipsa loquitur
76) In order to claim damages for negligence per se, the plaintiff has to prove that ________.
A) the defendant made a false representation of material fact
B) the defendant was in exclusive control of the situation
C) the plaintiff was within a class of persons meant to be protected by the violated statute
D) the plaintiff was affected by malicious statements made by the defendant about his/her
character
77) ________ is a statute that relieves medical professionals from liability for ordinary
negligence when they stop and render aid to victims in emergency situations.
A) Res ipsa loquitur
B) Assumption of the risk
C) Duty of care
D) Good Samaritan law
78) ________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own
injury cannot recover against the negligent defendant.
A) Assumption of risk
B) Comparative fault
C) Contributory negligence
D) Comparative negligence
79) A person driving over the prescribed speed limit in a suburban area hits and injures a
pedestrian jaywalking against a red “Do Not Walk” sign. The jury finds that the driver was 80
percent responsible for the accident and the jaywalker was 20 percent responsible. The
pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the
doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover
________.
A) no damages from the driver
B) $100,000 from the driver
C) $20,000 from the driver
D) $80,000 from the driver
80) The term ________ refers to a defense that says a person who is injured by a defective
product but has been negligent and is partially responsible for his or her own injuries cannot
recover from the defendant.
A) comparative negligence
B) contributory negligence
C) assumption of risk
D) negligence per se
81) Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers
motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he
learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two
years, owing to a previously unknown defect in their braking systems. Tim brings a product
liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect
in the motorcycle is found to be half responsible for the accident, while Tim’s own negligence of
traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be
the ruling of the court hearing this case?
A) Tim cannot recover any damages from the motorcycle manufacturer.
B) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership
from which he purchased the motorcycle.
C) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded
by the jury.
D) Tim can recover $50,000 worth of damages from the motorcycle manufacturer.
82) ________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and
others in the chain of distribution of a defective product liable for the damages caused by the
defect, irrespective of fault.
A) Absolute liability
B) Contingent liability
C) Superior responsibility
D) Strict liability
83) Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that
will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr.
DeBenedetto, the surgeon, is considered as the dominant element. Supposing that the pacemaker
fails to function as expected after the surgery, who would be strictly liable for its failure?
A) Benford, Inc
B) Dr. DeBenedetto
C) Henry
D) Sacred Heart Hospital
84) Which of the following statements is true about strict liability?
A) It applies only to manufacturers of a defective product.
B) It is liability without fault.
C) It requires privity of contract between the plaintiff and the defendant.
D) It covers casual sales and transactions.
85) Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers.
A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is
involved in an accident due to the use of the faulty brake in his vehicle. Which of the following
is true of this situation?
A) Allenby Spares cannot be held strictly liable since the brake was manufactured by
TurboDiezel.
B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case.
C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake.
D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution
chain.
86) Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his
friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a
defective Supplemental Restraint System (SRS) of the vehicle, the airbag does not deploy and
Ted is seriously injured. Which of the following statements is true of this situation?
A) Martin can be held strictly liable because he sold the car to Ted.
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them.
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
D) The driver of the other car can be held strictly liable due to his or her involvement in the
accident.
87) Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not
successful and the patient did not survive. Which of the following statements is true in this case?
A) Bertha cannot be held strictly liable as she was providing a service.
B) Bertha can be held strictly liable for the death of her patient.
C) Bertha and the medical staff assisting in the surgery are strictly liable for the death.
D) The donor of the kidney can be held strictly liable for the death of the patient.
88) ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and
subcomponent manufacturers involved in a transaction.
A) Demand chain
B) Chain of command
C) Chain of distribution
D) Value chain
89) According to the doctrine of strict liability, which of the following parties is strictly liable for
injuries caused by a defective product?
A) only the manufacturers of the products
B) only the parties directly involved in the sale of the product to the customer
C) all parties providing services related to the product
D) all parties in the chain of distribution
90) Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey’s department store.
A defect in the design of the blades causes the lawnmower to kick back on operation, injuring
Betty. Which of the following remedial actions is Betty entitles to?
A) Betty can sue Harvey’s department store for negligence.
B) Betty can sue either Harvey’s department store or FlatPlanes, Inc. for strict liability.
C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the defective
lawnmower.
D) Betty can only sue Harvey’s department store for strict liability as they sold her the defective
lawnmower.
91) Which of the following statements is true about the strict liability doctrine?
A) Privity of contract between the injured party and defendant is mandatory.
B) Injured bystanders cannot recover damages under the strict liability doctrine.
C) Parties in the chain of distribution are strictly liable only to the customer who buys the
product.
D) Injured bystanders are entitled to the same protection as the consumer or user.
92) Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused
an accident and both Mary and John were injured. Which of the following statements is true of
this situation?
A) Mary can recover from a strict liability lawsuit against the manufacturer of John’s car.
B) Mary can file a strict liability lawsuit against John.
C) Mary can file a negligence lawsuit against the dealership that sold John his car.
D) John can file a negligence lawsuit against the dealership from which he bought the car.
93) ________ refers to monetary damages that are awarded to punish a defendant who either
intentionally or recklessly injured the plaintiff.
A) Reliance damages
B) Consequential damages
C) Punitive damages
D) Nominal damages
94) How is assault different from battery?
95) Explain the torts of appropriation and invasion of the right to privacy with examples.
96) Monica told a prospective patient that a certain cosmetic surgeon had been banned from
practicing by the American Medical Council. But this is untrue. Is Monica liable for prosecution?
Why?
97) When and how can a plaintiff claim damages if the defendant has breached a duty of care?
98) Explain the doctrine of strict liability with examples.
99) Unauthorized and harmful or offensive physical contact with another person is called
________.
100) The intentional confinement or restraint of another person without authority or justification
and without consent is called ________.
101) A false statement that appears in letter, newspaper, magazine, book, photograph, movie or
video is called ________.
102) ________ is the making of false statements about a competitor’s products, services,
property, or business reputation.
103) A civil action lawsuit in which the original defendant sues the original plaintiff for damages
is known as ________.
104) ________ is a doctrine that says a person is liable for harm that is the foreseeable
consequence of his or her actions.
105) A failure to exercise care or to act as a reasonable person would act is a breach of
________.
106) A tort in which the violation of a statute or an ordinance constitutes the breach of the duty
of care is ________.
107) ________ is a doctrine that raises a presumption of negligence and switches the burden to
the defendant to prove that he or she was not negligent.
108) A(n) ________ is a statute that relieves medical professionals from liability for ordinary
negligence when they stop and render aid to victims in emergency situations.
109) ________ is a defense a defendant can use against a plaintiff who knowingly and
voluntarily enters into or participates in a risky activity that results in injury.
110) A doctrine under which damages are apportioned according to fault is known as ________.
111) ________ is the liability of a professional who breaches his or her duty of ordinary care.
112) ________ is liability without fault.
113) When the containers of a product are not tamperproof, it is termed as a ________.
114) ________ refers to an alteration or a modification of a product by a party in the chain of
distribution that absolves all prior sellers from strict liability.