JURI 560 Quiz Final

JURI 560 Quiz Final

JURI 560 Quiz Comprehensive Final Liberty

JURI 560 Final Exam

1. Which of the following is not related to products liability?
2. Todd suffered a serious injury while participating in an impromptu football game at a public park. The injury occurred when Todd and William, on opposing teams, each tried to catch a ball thrown by the quarterback. During that encounter, Todd was struck in the face by William’s elbow. Todd now seeks compensation from William. At the trial, evidence was introduced tending to prove that the game had been rough from the beginning, that elbows and knees had frequently been thrown and that Todd himself had been elbowing opposing players while attempting to catch the football. In this action, will Todd prevail?
3. A famous plastic surgeon performed a tummy tuck on Ashley. One month later, Ashley discovered that the surgeon had left some gauze in the incision, causing infection, considerable pain, and additional hospital expenses. Ashely sued to recover money damages. The basis for Ashley’s lawsuit is
4. Under the theory of strict liability for abnormally dangerous activities, an actor is liable for all damages that are a direct result of his abnormally dangerous act.
5. In a pure contributory negligence jurisdiction, a plaintiff who is 1% responsible for his or her injury can recover nothing.
6. For a design defect to trigger liability which of the following is true?
7. Which is true of the ‘reasonable man’?
8. Kim is normally a great student. She is having difficulty in a particular class. After she receives a C+ on a term paper, she flies into a fit of rage and throws her purse at the teacher. The teacher sees it coming and ducks just in time; the purse harmlessly falls to the floor behind the teacher. Kim has committed
9. An owner of livestock is strictly liable for damage caused when the livestock intrudes on the land of another.
10. Expert testimony is typically required to prove the standard of care in a negligence case.
11. Alexander builds a large reservoir to hold water for his mill. One day, the dam holding back the water in the reservoir breaks, flooding several homes below. Which of the following is true?
12. Which of the following is not an exception to the rule denying imputation of liability against an employer for the conduct of an independent contractor?
13. Punitive damages are typically available in negligence cases.
14. Tom throws a bucket of ice at Charlie intending to hit him. The bucket of ice misses Charlie and hits Sue. Which of the following is true?
15. All of the following are legal defenses to liability claims EXCEPT:
16. Under the “thin-skulled plaintiff” rule, a negligent defendant is liable for harm to a particularly vulnerable plaintiff, even if the harm was unforeseeably severe.
17. A contingent fee arrangement improves access to the legal system and encourages victims of torts to assert claims for compensation.
18. Joint and several liability means that a defendant is responsible for 100% of a plaintiff’s damages, even if other defendants also contributed to the loss.
19. Renee recently moved into a new apartment on Circle Street. Shortly after moving in, the next door neighbor, Timothy, started to peep into her window at night. Renee told her boyfriend, Tom, what Timothy was doing. Tom immediately went to Timothy’s apartment and began banging on the door. Tom began yelling at Timothy through the door. Timothy went to the door with a gun and looked outside. He didn’t know who Tom was and asked him what he wanted. Suddenly the gun went off. The bullet went through the door and hit Tom. Which of the following causes of action would Tom have against Timothy?
20. An employer can never be held responsible for an intentional tort committed by an employee.
21. Robert was accused of shoplifting was detained in a department store for an unreasonable length of time, even though a search of Robert revealed no evidence of shoplifting. The detained person can sue for
22. Indemnity and contribution differ in that indemnity results in complete reimbursement while Contribution is partial reimbursement among multiple tortfeasors.
23. Pam was involved in an accident in a state that uses a pure comparative negligence rule. Pam was found to be 50 percent responsible for the accident. His actual damages were $10,000. How much will Bruce be able to recover from defendant?
24. This type of liability does not require a showing a fault on the part of the defendant.
25. Spock has fallen asleep in his chair while reading a book. Chekov, his classmate, sneaks up behind him and grabs him in a bear hug. Spoke awakens, startled, and desperately struggles to get free. He begs Chekov to let him go. After a minute, Chekov finally relents. Which of the following is true?
26. Which of the following is not an essential element of negligence?
27. Where a public entity voluntarily undertakes a duty toward a private citizen, the public entity is not required to act without negligence.
28. Mark owns a pet gorilla. He usually takes the gorilla on walks while keeping him on a leash. Mark has owned the gorilla for a number of years and has never had any problems keeping him under control. One day, while Mark is walking with the gorilla, the gorilla suddenly bites a pedestrian. Which of the following is true?
29. The ninth grade class of Andrew Jackson High School went to the Carnegie Science center on a school sponsored trip. During lunch time, the students went to eat in the food court. Hank, the class clown, decided to pull another prank. As Susan was attempting to sit down with a tray of food, Hank pulled her chair from beneath her. Susan fell to the floor. Which tort is most applicable under these facts?
30. Which of the following is NOT a special relationship:
31. A drunk seaman returns from a night of drinking. Intoxicated, he opens several valves that control the flooding of tanks for part of the floating dry- dock in which a boat is being overhauled. As a result, the dry-dock is damaged. Which of the following is true?
32. Which of the following is not a type of immunity?
33. Which of the following is required to create a joint venture?
34. Under the “English Rule.”
35. Mike and Barry are identical twins. Barry is a bully and trouble-maker and is well known for his criminal activities. Timmy was walking to school one day when Barry knocked him to the ground. Standing over him, Barry told Timmy, “You are a weakling. Every time I see you in this neighborhood, I am going to beat you into a bloody pulp.” Three days later, Timmy was walking to school when he saw Mike walking his way. Timmy was terrified. When Mike got within arm’s reach of Timmy, Timmy punched Mike. If Mike sues Timmy, and if Timmy pleads an affirmative defense based on the privilege of self-defense, which of the following best describes the most likely outcome?
36. Which of the following is not a factor that a court will use to determine the validity of a punitive damages award?
37. Enterprise liability occurs when multiple defendants share joint control of a risk.
38. Under the traditional common law test, a person who hires an independent contractor is not liable under the doctrine of vicarious liability for torts committed by the independent contractor in the scope of employment.
39. While delivering cookies for her church, Melissa negligently collides with a vehicle injuring its occupants. Which of the following is true?
40. Which of the following elements is used to determine if the conduct of a servant is within the scope of employment?
41. John owns an Irish Setter. While taking the dog for a walk, the dog, without warning, bites a jogger. Which of the following is true?
42. “Frolic” and “detour” are synonymous and both negate any liability on behalf of an employer.
43. There are no limits on punitive damages.
44. Katy invites Michelle into her apartment. Michelle commits trespass to land if she:
45. Becky negligently crashed her car into Bill’s vehicle. Bill’s vehicle burst into flames. Paul, a passerby attempted to help Bill from the burning car and was badly injured in the process. Which of the following is true?
46. Cain was riding on the Washington D.C. metro train. Cain was recovering from a serious car accident and had significant back injuries. These injuries left Cain unable to sit, so he took a standing position on the metro train, holding a hand rail. The metro train was virtually empty, but Jack also stood next to Cain holding the handrail. Without warning, the metro train came to a quick stop. Jack fell into Cain, causing him to suffer further injury to his back. Can Cain recover from Jack based on a claim of Battery?
47. While walking on a public sidewalk outside a home, Jeff was struck by a hammer that fell from an upstairs window of the house owned by Tim. Tim had hired Chevy to repair an upstairs ceiling and the hammer fell due to Chevy’s negligence. If Jeff sues Tim to recover damages for the injury caused by Chevy, will Tim prevail?
48. The doctrine of Respondeat Superior allows an employer to be held responsible for the negligence of an employee.
49. In some jurisdictions, if the defendant successfully proves that the plaintiff committed ___________ no matter how slight, the plaintiff will be barred from recovery.
50. The torts of assault and battery are always found together; that is, if one is held to have occurred, the other necessarily also occurred.
51. Adam is an Olympic swimmer and is standing by a pool surveying the water for his next swim. Bob, who cannot swim, is running around the pool in violation of the pool rules. Bob bumps into Adam and falls into the water. Bob frantically cries out for Adam to help him. Adam folds his arms and watches Bob drown. Bob’s family sues Adam for wrongful death. Will Bob’s family recover? Discuss.
52. Plaintiff, a professional horse jockey, was seriously injured in a race when another jockey, Sam, cut too sharply in front of her without adequate clearance. The two horses collided, causing Plaintiff to fall to the ground, sustaining injury. The rules of the race indicated that Sam committed a foul in violation of because he did not have adequate clearance for crossing lanes. Plaintiff has brought an action against Sam for damages in which one count is based on battery. Is this a viable claim? Discuss.
53. John was riding home from work on a bus at 11:00 PM in the evening. At his stop, John exits the Bus and begins to cross the street. John is hit by a car driven by Michael. John is killed, flung several feet through the air and strikes Ruth, who is walking nearby. Briefly discuss whether Ruth has a viable claim against Michael.