
Negligence - Defenses
Authored by Dean Kuckelman
Other
12th Grade
Used 12+ times

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15 questions
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1.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
Which element of a negligence claim did we learn about in this unit.
Duty
Breach
Causation
Damages
None of these
Answer explanation
Defenses are not an element for the plaintiff to prove, the defendant proves them to reduce or eliminate the plaintiff's recovery
2.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
True or False: Under compartive fault, if a plaintiff is even just little bit negligent, they can't recover anything from the defendant.
True
False
Answer explanation
That's true about contributory negligence, not comparative fault.
3.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
True or False: The same “reasonable person” analysis applies to determine whether the plaintiff or the defendant is negligent.
True
False
4.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
True or False. The mental capacity of the DEFENDANT is considered when deciding whether they are negligent.
True
False
Answer explanation
Remember this from the duty unit? Jurors can consider the physical characteristics, but not the mental characteristics of the defendant.
5.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
True or False. The mental capacity of the PLAINTIFF is considered when deciding whether they are negligent.
True
False
Answer explanation
Remember this from the duty unit? Jurors can consider the mental characteristics of the plainitiff, but not the mental characteristics of the defendant.
6.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
True or False: For comparative fault, it rarely matters whether you are in a “greater than” state or a “less than than” state.
True
False
Answer explanation
Remember the 50 - 50 split the baby?
7.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
True or False: Under contributory negligence, the plaintiff recovers regardless of their fault, but their recovery is reduced by the percentage of fault.
True
False
Answer explanation
If the plaintiff's negligence contributes to the injury at all, they can't recover anything.
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