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Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

A) True
B) False

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Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a negligence lawsuit.

A) True
B) False

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Which type of damages are NOT available when bringing an action for negligence?


A) Nominal damages.
B) Punitive damages
C) Compensatory.
D) Pain and suffering compensation.
E) Damages intended to reimburse a plaintiff for actual losses.

F) B) and E)
G) A) and D)

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It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution if patients are on anticoagulants blood thinners) and must undergo dental procedures.A dentist fails to alert a patient who the dentist knows is on anticoagulants) of the risks of a procedure the patient is about to undergo that is dangerous to someone on blood thinners.The patient experiences near-fatal bleeding due to the procedure.The plaintiff decides to sue for malpractice but the dentist says he was unaware of the need to warn patients on blood thinners of possible risks.Is the dentist going to be successful in his defense?


A) Yes,as long as he can prove he did not know about the risks.
B) No because a professional cannot defend against a negligent suit by claiming ignorance of generally accepted principles in his or her field of expertise.
C) Yes,as long as he did not make any specific mistakes during the dental procedure.
D) Yes,as long as the dentist can prove that the risks are overstated.
E) Yes,because malpractice cases require intentional harm for a victim to prevail.

F) None of the above
G) B) and C)

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Duty in a negligence case refers to ________.


A) A failure to live up to the standard of care a reasonable person owes to others.
B) An obligation to measure compensable losses suffered by the plaintiff.
C) The standard of care a reasonable person owes to another.
D) Actual harm,or cause in fact,which resulted from a failure to live up to a standard of care.
E) Legal cause,or the extent to which the defendant is held responsible for actions that fall short of the standard of care.

F) A) and B)
G) A) and E)

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Under what circumstances are punitive damages awarded?


A) Only to punish the offender.
B) To punish the offender and to deter others from committing similar offenses.
C) To punish the offender,to deter others from committing similar offenses,and to reimburse a plaintiff for his or her losses.
D) Only to reimburse a plaintiff for his or her losses.
E) Only to deter others from committing similar offenses.

F) A) and B)
G) B) and D)

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Pavel should seek which of the following damages against Naomie in order to punish her and deter her from letting the dog run free?


A) Nominal.
B) Punitive.
C) Compensatory.
D) Liquidated.
E) There are no such damages available.

F) A) and B)
G) C) and D)

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Legally speaking,do individuals have a general duty to rescue strangers from perilous situations in most jurisdictions? Discuss your position on whether or not individuals should have a duty under tort law to rescue strangers from perilous situations,and describe how you think the law should be written to reflect your position.

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In most situations,the law hol...

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What does "res ipsa loquitur" mean? What must a plaintiff demonstrate in order rely upon that doctrine?

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Res ipsa loquitur means "the thing speak...

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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.

A) True
B) False

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In order to rely upon the defense of contributory negligence,what must a defendant prove?


A) Only that the plaintiff violated the last-clear-chance doctrine.
B) Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm.
C) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
D) Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury.
E) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm;that the plaintiff's failure was a contributing cause to the plaintiff's injuries;and also that the plaintiff failed to abide by the last-clear-chance doctrine.

F) A) and E)
G) A) and B)

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Why has the contributory negligence defense been replaced with a comparative negligence theory in most states?


A) Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility.
B) Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.
C) In order to assist a defendant in defending against unfounded claims.
D) In order to assist a plaintiff in avoiding the assumption of the risk doctrine.
E) In order to assist a defendant in avoiding the assumption of the risk doctrine.

F) A) and D)
G) D) and E)

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What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?


A) That the doctrine of res ipsa loquitur did not apply because it only applies in contractual cases.
B) That the doctrine of res ipsa loquitur applied.
C) That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the type of accident at issue would not normally happen in the absence of negligence.
D) That the doctrine of res ipsa loquitur did not apply because there was insufficient proof that the dock at issue was in the exclusive control of the defendants.
E) That whether or not the doctrine of res ipsa loquitur applied should be decided by the jury.

F) B) and C)
G) C) and D)

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Louisa decides to go on a zip line adventure.She signs a contract before she begins to go on the zip line,which says that she assumes the risks of accident or injury.While walking up the steps to grab the zip line,Louisa falls down due to a broken hand rail on the stairs.Could the property owner be held responsible?


A) Yes because she had not yet started zip lining but after she actually grabbed the line,the company would no longer be held responsible.
B) Yes,because a fall due to a faulty handrail was not the type of risk Louisa thought she was assuming.
C) No because of Louisa's implied assumption of the risk.
D) No because Louisa fell on her own.
E) No because of Louisa's express assumption of the risk.

F) A) and B)
G) C) and D)

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Did Claudia and Sam have a duty to aid the divers in peril?


A) Claudia and Sam had a duty to go to the aid of the divers in peril only if Rogerio refused to do so.
B) Claudia and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers who were in peril.They had no duty to help strangers.
C) Claudia and Sam did not have a duty to go to the aid of the divers in peril unless they were the first to see the problem.
D) Neither Claudia nor Sam had a duty to go to the aid of the divers who were in peril.
E) Sam and Claudia had a duty to help the divers who were in peril if personal safety was involved but not if the only issue was damage to property.

F) A) and D)
G) C) and D)

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What is the final required element of a negligence action?


A) Proving reasonableness.
B) Seeking damages.
C) Arguing assumption of the risk.
D) A defendant paying a prevailing plaintiff's legal fees.
E) Receiving punitive damages.

F) C) and D)
G) All of the above

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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.


A) Malfeasance
B) Physician guilty
C) Malpractice
D) Mistake
E) Physician liability

F) A) and E)
G) C) and D)

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Is Rogerio is liable for the injuries Sam sustained in coming to the rescue of the divers in distress?


A) Rogerio is liable for Sam's injuries under the danger invites rescue doctrine.
B) Rogerio is liable for Sam's injuries only if he made them worse by not getting Sam medical attention on a timely basis.
C) Rogerio is not liable for Sam's injuries because the shark attack constituted a superseding cause of the injuries.
D) Rogerio is not liable for Sam's injuries because Sam had no legal duty to come to the aid of the other divers.
E) Rogerio is not liable for Sam's injuries because Sam assumed the risk of harm.

F) C) and D)
G) B) and D)

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Which of the following damages are intended to reimburse a plaintiff for his or her losses?


A) Nominal.
B) Exemplary.
C) Compensatory.
D) Punitives.
E) Quantum.

F) B) and D)
G) A) and C)

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Which of the following is an example of an inherently dangerous activity?


A) Dynamite blasting in a populated area.
B) Babysitting.
C) Operating an airplane.
D) Driving a vehicle.
E) Burning trash.

F) C) and E)
G) C) and D)

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