Classroom - Day One - Fall 2024 Foundations Final

Front

Which of these statements about the duty element of most negligence claims is true: It is created by statutes, It is created by the constitution, It is created by societal norms - how we expect people to act, All of these are true, None of these are true

Back

It is created by societal norms - how we expect people to act

Front

Which of these is an exception to the general rule that the duty element of negligence is an objective test: Children, Defendants without knowledge, Cost versus benefit, None of these are true, All of these are true

Back

Children

Front

True or False. If there is no duty there can be no negligence.

Back

True

Front

True or False. The "reasonable person" does not make mistakes.

Back

True

Front

True or False. The reasonable person test takes into account the mental capacity of the defendant.

Back

False

Front

True or False. The reasonable person is modeled after real people that were government officials when the test was created.

Back

False

Front

Which of these is relevant in deciding whether a defendant should have done something to make a property safer: The cost of the measures, The benefit of the measures, Neither of these, Both of these?

Back

Both of these

Front

Who has the burden of proof on the duty and breach elements in a res ipsa loquitur case?

Back

The Defendant

Front

Which of these statements about duties is NOT true: You may have a legal duty to do something, but not a moral duty. You may have a moral duty to do something, but not a legal duty. Legal duties can arise from case law, statutes, or the constitution. Courts decide cases based on legal duties, which may or may not line up with moral duties. Courts decide cases based on moral duties, which may or may not line up with moral duties.

Back

Courts decide cases based on moral duties, which may or may not line up with moral duties.

Front

Under the Learned Hand formula, a reasonable person takes preventive measures if the burden/cost of those measures:

Back

Is less than the reduction of "risk"