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Chapter 3.2 Negligence and Liability

Total questions: 20

Worksheet time: 10mins

Name
Class
Date
1.

A tort that results when one person carelessly injures another

a)

tortfeasor

b)

strict liability

c)

negligence

d)

Intentional tort

2.

The link between the negligent conduct and the injury is strong enough to be recognized by law.

a)

tort

b)

tortfeasor

c)

actual harm

d)

proximate cause

3.

The defendant can show that the victim did something that helped cause his or her own injury

a)

Contributory Negligence

b)

Comparative Negligence

c)

Strict Liability

d)

tort

4.

when the carelessness of one of the parties is compared to the carelessness of the other party

a)

Intentional tort

b)

Comparative Negligence

c)

Contributory negligence

d)

Strict Liabiltiy

5.

When the plaintiff knew of the risk involved and still took the chance of being injured.

a)

Strict Liability

b)

Product Liability

c)

Assumption of Risk

d)

Survival Statutes

6.

Some activities are so dangerous that liability will always follow any injury that results from those activities.

a)

Assumption of Risk

b)

Wrongful Death

c)

Strict Liability

d)

Comparative Negligence

7.

Even the most careless conduct will not result in liability for negligence unless there is actual harm

a)

True

b)

False

8.

The main difference between intentional torts and negligence is that one is deliberate, while the other is usually caused by carelessness.

a)

True

b)

False

9.

Although the reasonable person test is very subjective, it is used primarily in intentional tort cases.

a)

True

b)

False

10.

Current tort reform legislation includes survival statutes

and wrongful death statutes.

a)

True

b)

False

11.

If you are driving your car too fast on a rainy evening and have an accident, you might have committed an intentional tort.

a)

True

b)

False

12.

People who are engaged in extremely dangerous activities may be held liable even without negligence or malice; this is known as the doctrine of

a)

Strict Liability

b)

Assumption of risk

c)

unintentional liability

d)

dangerous liability

13.

To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the

a)

proximate cause test

b)

actual cause test

c)

forensic test

d)

foreseeability test

14.

The negligence defense that might be used by a baseball

club that is sued by spectators is

a)

contributory negligence

b)

comparative negligence

c)

Assumption of risk

d)

proximate cause

15.

Using explosives and keeping alligators as pets are

examples of

a)

survival statutes

b)

conversion

c)

negligence

d)

strict liability

16.

In a product liability case, both the seller and

the ____________________ of the item are liable for injuries caused by the product.

a)

person

b)

place

c)

manufacturer

d)

supplier

17.

Under the doctrine of ____________________, the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.

a)

comparative negligence

b)

proximate cause

c)

contributory negligence

d)

Assumption of risk

18.

The lawsuit can continue even if both the plaintiff and defendant die

a)

limits to product liability

b)

survival statutes

c)

wrongful death stautues

d)

the 50% rule

19.

This allows relatives to bring a lawsuit even if the victim has died. For example: OJ Simpson civil suit

a)

Survival Statutes

b)

Strict Liability

c)

Wrongful Death Statutes

d)

The 50% rule

20.

According to the 50% rule the plaintiff is allowed to receive some damages if the plaintiff's negligence is less than the defendants. If the plaintiff's negligence is more than half the plaintiff gets nothing.

a)

True

b)

False