Even though a defendant’s negligence is not the proximate cause of the accident, the defendant may be liable if the defendant’s conduct was particularly egregious.

Question 1 Even though a defendant’s negligence is not the proximate cause of the accident, the defendant may be liable if the defendant’s conduct was particularly egregious.

Question options:

                True

                False

Question 2 In a product liability case, the plaintiff’s claim may be based upon:

Question options:

negligence.

breach of warranty.

strict liability in tort.

all of the above.

none of the above.

Question 3 The clerk of court assigns a file number to the action when the complaint is filed, but all subsequent pleadings, motions, orders, affidavits, and depositions must be given a new and separate number.

Question options:

                True

                False

Question 4 Each cause of action is limited in the kinds of remedies a court can grant.

Question options:

                True

                False

Question 5 Consent is a complete defense to an action in trespass.

Question options:

                True

                False

Question 6 Which rule under the Federal Rules of Civil Procedure requires lawyers and parties to believe there is good basis in law and fact for any cause of action asserted in a complaint?

Question options:

Rule 8

Rule 11

Rule 26

Rule 33

Question 7 What a plaintiff must prove is largely determined by:

Question options:

the geographical jurisdiction of the court.

the dollar value of the claim.

the cause of action asserted in the complaint.

the doctrine of res judicata.

Question 8 The place of the occurrence may determine:

Question options:

whether the court has jurisdiction.

which state’s laws apply in determining the parties’ substantive rights.

whether the parties have complied with all notice requirements.

(a) and (b) only.

all of the above.

Question 9 A claim for relief must have a legal theory to support it or a court will disallow it.

Question options:

                True

                False

Question 10 The Federal Rules of Civil Procedure allow courts discretion to try a case although the plaintiff’s complaint does not assert a cause of action.

Question options:

                True

                False