56 notecards = 14 pages (4 cards per page)
Which of the following statements about torts is (are) true?
Which of the following is an intentional tort?
A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example of
Failure to exercise the degree of care required by law to protect others from harm is called
All of the following are elements of negligence EXCEPT
Which of the following statements about the elements of negligence is (are) true?
Damages awarded for losses that can be determined or measured are
Which of the following statements about monetary damages awarded by a court is (are) true?
Heather sued Robert for injuries suffered in an automobile accident. Based on the facts presented, the jury concluded that Heather was 40 percent at fault in the accident and Robert was 60 percent at fault. Under the common law doctrine of contributory negligence, the jury should award Heather
Which of the following statements about comparative negligence laws is (are) true?
Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?
A common situation involving strict liability includes which of the following?
Which of the following may give rise to imputed negligence?
All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT
Under certain conditions, the wrongful acts of one person can be attributed to another person. This practice is called
Which of the following statements about the legal obligations of a property owner is (are) true?
Under common law, which of the following persons is most likely to be classified as an invitee?
Which of the following are legal obligations of a property owner with respect to an invitee?
What is the intent of the family purpose doctrine?
Which of the following statements about the immunity of governmental entities is (are) true?
The doctrine of respondeat superior applies to a(n)
Situations under which parents can be held liable for the actions of a child include which of the following?
Under one doctrine, a person who understands the danger inherent in an activity cannot recover damages in the event of injury from the activity. This doctrine is called the
One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced, it cannot be considered a defective product today. This defense is called the
Traditionally, federal state, and local governments could not be sued. This immunity had eroded over time. Today, government units may be liable for injuries arising out of money-making activities. Such activities are called
All of the following are proposed solutions to the medical malpractice problem EXCEPT
A homeowner was repairing the deck on the back of his home. He left power tools on the deck when he quit working for the day. A neighbor’s child saw the power tools. He came on to the deck, and started to play with a power saw. He cut off two of his fingers. A property owner may be held liable for creating a condition that entices children to enter the property where they are injured under the doctrine of
Arguments in favor of reforming the civil justice system include which of the following?
All of the following are examples of tort reform proposals EXCEPT
A defendant who is only slightly liable may be required to pay the full amount of damages under which of the following?
Alternative techniques for resolving legal disputes without litigation include which of the following?
All of the following are categories of torts EXCEPT
James was injured in an auto accident caused by another motorist's negligence. To reimburse him for his hospital bills and lost earnings, items which can be specifically itemized, James will receive
James was injured in an auto accident caused by another motorist's negligence. He received severe facial lacerations and injured his back in the accident. In payment for his pain, suffering, and disfigurement, losses which cannot be specifically itemized, James will receive
Michelle had major abdominal surgery. Months after the surgery, she still did not feel well. When she was operated on again, the surgeon discovered two sponges that were not removed at the conclusion of the first operation. Michelle should be able to collect damages without having to prove negligence under the doctrine of
Francis opened a store. She knows that customers who come to the store may be injured on the premises and hold her responsible for their injuries. Under common law, business customers in the store Francis opened are considered
Malcolm was involved in an auto accident. He was judged to be 20 percent at fault in the accident, and the other party was judged to be 80 percent at fault. Malcolm's actual damages were $40,000. Under a pure comparative negligence rule, how much will Malcolm receive for his injuries?
Louise was in a hurry and tried to cross the street in the middle of the block rather than at a street corner. A car struck her. Even though Louise placed herself in danger, she may still be able to collect for her injuries if the driver had an opportunity to avoid hitting her but failed to do so. This rule is called the
Bruce believes a local manufacturer is responsible for contaminating some land he owns. He filed suit against the company. Rather than have the case go to court, the manufacturing company's legal team suggested mediation or arbitration to settle the case. Methods that are employed to resolve legal disputes without litigation, such as mediation, are called
Jan was injured in a work-related auto accident. She sued the other driver, and the case went to court. While questioning Jan, the defendant's lawyer asked if her injuries and lost earnings were covered under workers compensation. Jan's lawyer objected to the question. The judge ruled the question was improper and instructed the jury to disregard the question. Based on the judge's reaction to the question, which of the following rules is in force where this trial took place?
Trisha was injured when the delivery truck for a local furniture store struck her. The delivery driver claimed the brakes of the delivery truck failed, causing the accident. Trisha filed suit, and in her lawsuit named the delivery driver, the furniture store, the service station responsible for vehicle maintenance, and the manufacturer of the vehicle. Even though the manufacturer of the vehicle may be only 1 percent responsible for the accident, it may be required to pay a large percentage of the damages under the
Compensatory damages include
A person who enters or remains on the property with the occupant’s expressed or implied permission is called (a)n
In the context of medical malpractice, what is a "never event"?
Steve was involved in an auto accident. Both drivers were partially at fault for the accident. Steve's actual damages were $50,000. He was judged to be 60 percent at fault. If Steve's state has a pure comparative negligence law, how much will Steve collect?
Steve was involved in an auto accident. Both drivers were partially at fault for the accident. Steve's actual damages were $50,000. He was judged to be 60 percent at fault. If Steve's state has a 51 percent rule for comparative negligence, how much will Steve collect?
A legal wrong for which the law allows a remedy in the form of money damages is a
One requirement for proving that an act was negligent is the existence of an unbroken chain of events between the act and the injury or harm that occurred. This unbroken chain of events is called
Under a dram shop law, a business may be held liable for damages resulting from
One tort reform proposal is capping noneconomic damages. Noneconomic damages include
Under state workers compensation programs, employers may not use common law defenses to defend against claims of workers who are injured on the job. In such cases, proof of a worker's injury is proof of responsibility of the employer. Because of this characteristic, workers compensation is an example of
Steve was involved in an auto accident. Both drivers were partially at fault for the accident. Steve's actual damages were $50,000. He was judged to be 20 percent at fault. If Steve's state has a contributory negligence law, how much will Steve collect?
Someone who is asked to come on to the property to benefit the property owner, such as customers at a store or a garbage collector, is classified as a(n)
Liability may arise because of a method of collecting oil or natural gas. Under this collection method, a high-pressure flow of fluid is injected underground. This collection method is called
Unmanned aircraft systems are gaining in popularity. These systems are creating new liability exposures. Unmanned aircraft systems are also known as
Individuals renting out rooms in their home for overnight stays, individuals jointly owing a car with other owners, and individuals who give rides to people who call or text them are creating “new” liability exposures for insurers. The social change that creates these new liability exposures is called