First Half - Fall 2024 Foundations Final

Which of these statements about the duty elelment of negligence claims is true:

• You can have a legal duty without a moral duty
• You can have a moral duty without a legal duty
• Both of these are true
• Neither of these are true

Which of these statements about the duty elelment 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

Which of these is a true general statement about the duty elelment of negligance:

• It is an objective standard
• It is a subjective standard
• All of these are true
• None of these are true

Which of these is an exception to the general rule that the duty elelment of negligence is an objective test:

• Children
• Defendants without knowledge
• Cost versus benefit
• None of these are true
• All of these are true

Which of these eliminates the need to prove causation and damages in a negligence claim:

• Negligence per se
• Res Ipsa Loquitur
• Neither of these
• Both of these

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

• True
• False

True or False. If the defendant hurt the plaintiff, that proves the defendant breached some duty, since we all have a duty to avoid hurting each other.

• True
• False

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

• True
• False

True or False. The "reasonable person" is always reasonable.

• True
• False

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

• True
• False