F24 - Negligence - Breach

Does this jury instruction accurately state the law in a negligence case: "The violation of the defendant's rules, policies, practices and procedures are a proper item of evidence tending to show the degree of care recognized by Wal-Mart as ordinary care under the conditions specified in its rules, policies, practices and procedures."

• YES

• NO

• MAYBE

Does this jury instruction accurately state the law in a negligence case: "The violation of the defendants rules, policies, practices and procedures are a proper item of evidence tending to show whether the defendant acted as a reasonable store would act."

• YES

• NO

• MAYBE

Bryan is replacing a brick chimney on a four-story mansion in a remote and isolated location. To save time, he throws the old bricks from the roof, instead of taking a few minutes to haul them down the stairs. A birdwatcher happens to be walking by the house just as Bryan throws a brick, and the brick hits the birdwatcher on the head and kills him. If you are Bryan's attorney, you should emphasize:

• burden
• probability
• consequence

Bentley is replacing lightweight styrafoam insulation on the roof of a one-story office building in a downtown area that has high pedestrian traffic. The wind catches a small styrafoam piece that Bentley removed from the roof, carries the piece over the edge of the roof, and the piece hits a pedestrian and scratches the skin on their arm. If you are Bentley's attorney, you should emphasize:

• burden
• probability
• consequence

Brielle is replacing windows on the third story of an office building in a downtown area that has high pedestrian traffic. To lower the old windows to the ground, Brielle uses a rope and a pulley. The rope breaks and the window falls on the plaintiff. The plaintiff's attorney argues that Brielle should have hired a crane to lower the windows, but this would have doubled the cost and Brielle would have lost money on the job. If you are Brielle's attorney, during your closing arguments to the jury, you would emphasize:

• burden
• probability
• consequence

In which of these medical malpractice cases would the plaintiff need a medical expert witness:

• The doctor amputated the wrong leg
• The doctor left a surgical sponge in the patient's abdomen
• The patient died during a complex kidney transplant operation
• None of these
• All of these

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

• Outweighs the reduction of "risk"
• Is less than the reduction of "risk"
• Is industry standard
• Is res ipsa
• Is per se

The test used to decide whether a child is negligent when they do something that normally only adults do is:

• objective
• subjective
• neither of these
• both of these

In malpractice cases, expert testimony:

• is normally required to prove that the defendant breached their duty
• is not required to prove that the defendant breached their duty when the defendant did something that most people would know breached the reasonable person standard (like forgetting a sponge inside the patient)
• Both of these
• Neither of these

When is a motion in limine filed?

• Before trial
• During trial
• After trial