Which of the following is not an element of negligence?

Question 1 Which of the following is not an element of negligence?

 

Question options:

 

Duty of reasonable care.

 

Breach of duty.

 

Causation.

 

Proximate cause.

 

All of the above are negligence elements.

 

Question 2 Under common law negligence, reasonable care is defined by

 

Question options:

 

Experience.

 

Statute.

 

The reasonable person standard.

 

The judge’s preference.

 

None of the above.

 

Question 3 When a victim has a peculiar health condition that is reasonably foreseeable, and the tortfeasor injures the victim, the courts call this

 

Question options:

 

None of the above.

 

Taking the victim as you leave him.

 

Taking the victim as you find him.

 

Proximate cause.

 

Res ipsa loquitur.

 

Question 4 In which type(s) of cases would res ipsa loquitur most commonly be used?

 

Question options:

 

None of the above.

 

All of the above.

 

Slip-and-fall cases.

 

Motor vehicle accidents.

 

Medical malpractice.

 

Question 5 Proximate cause is best defined as

 

Question options:

 

The tortfeasor’s actions that cause a reasonably foreseeable injury to the victim.

 

The tortfeasor’s actions were a substantial factor in producing the victim’s injuries.

 

The tortfeasor intended to cause the victim’s injuries.

 

But for the tortfeasor’s actions, the victim would not have been harmed.

 

Question 6 Proximate cause is sometimes called

 

Question options:

 

Res ipsa loquitur.

 

Legal cause.

 

The law of cause and effect.

 

Strict liability.

 

Question 7 Foreseeable plaintiff’s theory asks

 

Question options:

 

Did the tortfeasor intend to injure the plaintiff?

 

Was it reasonably foreseeable that the person hurt would be injured as a result of the tortfeasor’s actions?

 

Should the tortfeasor have known that his or her actions would cause a specific type of injury?

 

This concept applies to intentional torts, not negligence.

 

None of the above.

 

Question 8

 

Compensatory damages are commonly awarded in negligence cases.

 

Question options:

 

                True

 

                False

 

Question 9 The following might be examples of medical malpractice:

 

Question options:

 

C and D only.

 

All of the above.

 

Abandonment.

 

Failure to diagnose.

 

Lack of informed consent.

 

Question 10 Substantial factor analysis states

 

Question options:

 

To set the plaintiff’s damages, the court considers how substantially the victim was hurt and how much of a factor the defendant played in causing the harm.

 

The tortfeasor is liable for injuries to the victim when the tortfeasor’s actions were a substantial factor in producing the harm.

 

The tortfeasor did not intend to cause the injuries.

 

The tortfeasor is liable for injuries to the victim if the tortfeasor reasonably should have known that his or her actions would cause injuries.

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