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Negligence and Strict Liability

Total questions: 20

Worksheet time: 10mins

Name
Class
Date
1.

The general duty created and imposed by negligence law is defined as the _________ ________ standard

a)

Reasonable Person

b)

Intentional Damage

c)

Reckless Ability

d)

Accidental Injury

2.

Which of the following is NOT a defense that could be used in a negligence lawsuit.

a)

Comparative Negligence

b)

Contributive Negligence

c)

Assumption of Risk

d)

Strict Liability

3.

If someone is aware of possible danger and decides to subject themselves to it anyways and it can also be used as a defense in a negligent case it is known as

a)

Assumption of Risk

b)

Comparative Negligence

c)

Contributory Negligence

4.

A person can be held liable if they merely engages in a particular activity that results in an injury regardless of the precautions they take

a)

TRUE

b)

FALSE

5.

If a dangerous animal held as a pet (like a bear, monkey, or tiger) causes injury to someone else, the owner can be held liable under the Strict Liability doctrine, no matter how cautious the owner is.

a)

TRUE

b)

FALSE

6.

In Civil Cases, Duty

a)

is a legal obligation to exercise reasonable care toward other persons and their property.

b)

is the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

is the reason an event occurs; that which produces an effect.

d)

refers to the injuries or losses suffered by one person due to the fault of another

7.

In Civil Cases, causation

a)

is a legal obligation to exercise reasonable care toward other persons and their property.

b)

is the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

is the reason an event occurs; that which produces an effect.

d)

refers to the injuries or losses suffered by one person due to the fault of another

8.

In Civil Cases, damages

a)

are legal obligations to exercise reasonable care toward other persons and their property.

b)

are the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

are the reason an event occurs; that which produces an effect.

d)

are the injuries or losses suffered by one person due to the fault of another

9.

Causes in fact

a)

are unreasonable/wrongful actions that directly led to the harm suffered by the plaintiff

b)

are the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

limit the damages the defendant must pay to only those harms that are reasonably predictable consequences of the defendant's wrongful acts.

d)

are the injuries or losses suffered by one person due to the fault of another

10.

Proximate Causes

a)

are unreasonable/wrongful actions that directly led to the harm suffered by the plaintiff

b)

are the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

limit the damages the defendant must pay to only those harms that are reasonably predictable consequences of the defendant's wrongful acts.

d)

are the injuries or losses suffered by one person due to the fault of another

11.

Comparative Negligence

a)

is a defense that allows the plaintiff to be found partially at fault, which results in the defendant paying less in damages than if the plaintiff had no liability

b)

is the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

is a claim made by a defendant against the plaintiff in a civil lawsuit

d)

is the legal defense where the plaintiff is considered to have voluntarily accepted a known risk of danger

12.

A Counterclaim

a)

is a defense that allows the plaintiff to be found partially at fault, which results in the defendant paying less in damages than if the plaintiff had no liability

b)

is the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

is a lawsuit made by a defendant against the plaintiff in a civil lawsuit

d)

is the legal defense where the plaintiff is considered to have voluntarily accepted a known risk of danger

13.

Assumption of Risk

a)

is a defense that allows the plaintiff to be found partially at fault, which results in the defendant paying less in damages than if the plaintiff had no liability

b)

is the violation of a law or other form of obligation, including obligations formed through contracts or warranties, either by engaging in an action or failing to act.

c)

is a lawsuit made by a defendant against the plaintiff in a civil lawsuit

d)

is the legal defense where the plaintiff is considered to have voluntarily accepted a known risk of danger

14.

Strict Liability refers to

a)

the legal responsibility for damage or injury even if you are not negligent

b)

a lawsuit against a manufacturer of a toxic substance for harm caused by the manufacture or disposal of that substance

c)

the legal responsibility of manufacturers and sellers for injuries caused by defective products they produce or sell

d)

laws that require pet owners to keep their pets restrained and under control

15.

A Toxic Tort refers to

a)

a legal responsibility for damage or injury even if you are not negligent

b)

a lawsuit against a manufacturer of a toxic substance for harm caused by the manufacture or disposal of that substance

c)

the legal responsibility of manufacturers and sellers for injuries caused by defective products they produce or sell

d)

laws that require pet owners to keep their pets restrained and under control

16.

Product Liability refers to

a)

a legal responsibility for damage or injury even if you are not negligent

b)

a lawsuit against a manufacturer of a toxic substance for harm caused by the manufacture or disposal of that substance

c)

the legal responsibility of manufacturers and sellers for injuries caused by defective products they produce or sell

d)

laws that require pet owners to keep their pets restrained and under control

17.

A defense against negligence whenever the defendant can show that the victim did something that helped cause his or her own injuries

a)

Comparative negligence

b)

Contributory negligence

c)

strict liability

d)

Assumption of risk

18.

A reasonable standard of care to prevent injury to others.

a)

Breach of Duty

b)

Duty of Care

c)

Proximate Cause

d)

Actual Harm

19.

Failure to use reasonable care when dealing with another person.

a)

Duty of Care

b)

Proximate Cause

c)

Actual Harm

d)

Breach of Duty

20.
The elements of a negligence claim include:
a)
duty of due care and breach thereof
b)
causation (actual and proximate)
c)
injury to plaintiff
d)
all of the above