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| 1 | |
Which of the following is not an essential element of negligence? |
| | A) | Duty |
| | B) | Breach of Duty |
| | C) | Intent to cause harm |
| | D) | Damages |
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| 2 | |
___________ cause refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions. |
| | A) | Strict |
| | B) | Absolute |
| | C) | Proximate |
| | D) | Essential |
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| 3 | |
___________ literally means "the thing speaks for itself". |
| | A) | Lux libertas |
| | B) | Esse quam videri |
| | C) | Res ipsa loquitur |
| | D) | Sine qua non |
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| 4 | |
To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following? |
| | A) | The event was a kind that ordinarily does not occur in the absence of negligence |
| | B) | Direct evidence of the defendant's lack of due care |
| | C) | Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated |
| | D) | The indicated negligence is within the scope of the defendant's duty to the plaintiff |
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| 5 | |
__________ shop acts allow bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar. |
| | A) | Draft |
| | B) | Dram |
| | C) | Drachma |
| | D) | None of the above |
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| 6 | |
If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages. |
| | A) | Strict liability |
| | B) | Comparative negligence |
| | C) | Contributory negligence |
| | D) | Negligence per se |
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| 7 | |
The __________ doctrine allows the plaintiff to recover damages, despite proof of contributory negligence, as long as the defendant has a final clear opportunity to avoid the action that injured the plaintiff. |
| | A) | Comparative negligence |
| | B) | Assumption of the risk |
| | C) | Negligence per se |
| | D) | Last-clear-chance |
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| 8 | |
To use the __________ doctrine successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm. |
| | A) | Comparative negligence |
| | B) | Assumption of the risk |
| | C) | Negligence per se |
| | D) | Last-clear-chance |
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| 9 | |
__________ 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. |
| | A) | Express |
| | B) | Explicit |
| | C) | Extenuating |
| | D) | None of the above |
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| 10 | |
__________ liability is liability without fault. |
| | A) | Negligence |
| | B) | Intentional tort |
| | C) | Strict |
| | D) | Criminal |
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