WorksheetsFirst Half - Fall 2024 Foundations Final
Total questions: 95
Worksheet time: 48mins
Name
Class
Date
1.
Which of these statements about the duty elelment of negligence claims is true:
a)
You can have a legal duty without a moral duty
b)
You can have a moral duty without a legal duty
c)
Both of these are true
d)
Neither of these are true
2.
Which of these statements about the duty elelment of most negligence claims is true:
a)
It is created by statutes
b)
It is created by the constitution
c)
It is created by societal norms - how we expect people to act
d)
All of these are true
e)
None of these are true
3.
Which of these is a true general statement about the duty elelment of negligance:
a)
It is an objective standard
b)
It is a subjective standard
c)
All of these are true
d)
None of these are true
4.
Which of these is an exception to the general rule that the duty elelment of negligence is an objective test:
a)
Children
b)
Defendants without knowledge
c)
Cost versus benefit
d)
None of these are true
e)
All of these are true
5.
Which of these eliminates the need to prove causation and damages in a negligence claim:
a)
Negligence per se
b)
Res Ipsa Loquitur
c)
Neither of these
d)
Both of these
6.
True or False. If there is no duty there can be no negligence.
a)
True
b)
False
7.
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.
a)
True
b)
False
8.
True or False. The "reasonable person" does not make mistakes.
a)
True
b)
False
9.
True or False. The "reasonable person" is always reasonable.
a)
True
b)
False
10.
True or False. The reasonable person test takes into account the mental capacity of the defendant.
a)
True
b)
False
11.
True or False. The reasonable person test takes into account the physical charecteristics of the plaintiff.
a)
True
b)
False
12.
True or False. The reasonable person is modeled after real people that were government officials when the test was created.
a)
True
b)
False
13.
True or False. Children normally have the same duty of care as adults.
a)
True
b)
False
14.
Which of these is relevant in deciding whether a defendant should have done something to make a property safer.
a)
The cost of the measures
b)
The benefit of the measures
c)
Neither of these
d)
Both of these
15.
If the elements of res ipsa are met, then:
a)
The burden shifts to the defendant to show that they were not negligent.
b)
The burden stays with the defendant to show that the plaintiff was negligent.
c)
All four elements of the negligence claim are met.
d)
None of these - res ipsa doesn't have anything to do with negligence claims.
16.
Who has the burden of proof on the duty and breach elements in a res ipsa loquitur case?
a)
The Plaintiff
b)
The Defendant
17.
If a barrel falls out of a window in the defendant's warehouse and crushes the plaintiff who was walking past the warehouse, the defendant has the burden of proof for which of these elements:
a)
duty
b)
breach
c)
causation
d)
damages
18.
If a patient goes into surgery to have his right leg amputated, but wakes up from surgery and discovers that his left leg has been amputated, the plaintiff has the burden of proof for which of these elements:
a)
duty
b)
breach
c)
causation
d)
damages
19.
Which of these statements about the "right to remain silent" is true:
a)
It is a right created by statute
b)
It is a right created by the US Constitution
c)
It is a right created by contracts
d)
It is not a "right" at all
20.
Which of these statements about duties is NOT true :
a)
You may have a legal duty to do something, but not a moral duty.
b)
You may have a moral duty to do something, but not a legal duty.
c)
Legal duties can arise from case law, statutes, or the constitution.
d)
Courts decide cases based on legal duties, which may or may not line up with moral duties
e)
Courts decide cases based on moral duties, which may or may not line up with moral duties
21.
In which of these medical malpractice cases would the plaintiff need a medical expert witness:
a)
The doctor amputated the wrong leg
b)
The doctor left a surgical sponge in the patient's abdomen
c)
The patient died during a complex kidney transplant operation
d)
None of these
e)
All of these
22.
Under the Learned Hand formula, a reasonable person takes preventive measures if the burden/cost of those measures:
a)
Outweighs the reduction of "risk"
b)
Is less than the reduction of "risk"
c)
Is industry standard
d)
Is res ipsa
e)
Is per se
23.
The test used to decide whether a child is negligent when they do something that normally only adults do is:
a)
objective
b)
subjective
c)
neither of these
d)
both of these
24.
In malpractice cases, expert testimony:
a)
is normally required to prove that the defendant breached their duty
b)
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)
c)
Both of these
d)
Neither of these
25.
True or False. In malpractice cases, the jury is told to decide what a reasonable person would have done.
a)
True
b)
False
26.
In negligence cases against a child, the jury is ____ told to decide whether the child acted as a reasonable child of the same experience, intelligence, and age would act.
a)
Always
b)
Never
c)
Sometimes - depending on whetherthe child was doing something that normally only adults do
27.
True or False. A defendant must only exercise ordinary care, even if they set a higher standard for themselves.
a)
True
b)
False
28.
True or False. Defendants are negligent if they fail to follow their own company procedures, even if those procedures require more than what a reasonable person would do.
a)
True
b)
False
29.
True or False. If the elements of neligence per se are met, the jury can still find that the defendant is not negligent.
a)
True
b)
False
30.
True or False. If the elements of res ipsa are met, the jury can still find that the defendant is not negligent.
a)
True
b)
False
31.
True or False. Industry custom is only relevant if the defendant adopted the custom.
a)
True
b)
False
32.
True or False. If the defendant followed industry custom, they can't be negligent.
a)
True
b)
False
33.
True or False. Evidence of a defendant's policies are relevant to show what the defendant believed a reasonable person would do.
a)
True
b)
False
34.
If the defendant fails to do something that a reasonable person would do, that is _______.
a)
nonfeasance.
b)
malfeasance.
c)
Neither of these.
d)
Both of these.
35.
If the defendant does something that a reasonable person would not do, that is _______.
a)
nonfeasance.
b)
malfeasance.
c)
Neither of these.
d)
Both of these.
36.
True or False. If an intervening cause is foreseeable, it is a superseding cause that cuts off liability.
a)
True
b)
False
37.
True or False. When applying lex loci under a long-arm statute, the tort is treated as taking place in the state where the negligent act happened.
a)
True
b)
False
38.
True or False. If we can say that the injury would not have happened but for the defendant’s conduct, that means the proximate cause requirement is met.
a)
True
b)
False
39.
True or False: Foreseeability is normally a fact question for the jury to decide.
a)
True
b)
False
40.
Which of these are required before a FEDERAL court has subject matter jurisdiction:
a)
Federal question
b)
Diversity of citizenship
c)
Neither of these is required
d)
Either of these will give federal courts jurisdiction
41.
A court normally has personal jurisdiction over a defendant that resides in the state where the court is. This is called _____ .
a)
general jurisdiction.
b)
specific jurisdiction.
c)
res ipsa loquitur.
d)
negligence per se.
42.
A court normally has personal jurisdiction over a defendant for negligent acts that the defendant committed in the state where the court is. This is called _____ .
a)
general jurisdiction.
b)
specific jurisdiction.
c)
res ipsa loquitur.
d)
negligence per se.
43.
Which of these is NOT a way of saying actual cause:
a)
Direct cause
b)
But-for-cause
c)
Sine Quo Non
d)
Proximate Cause
e)
If it weren't for . . . .
44.
If we can say that the injury would not have happened but for the defendant’s conduct, this means the _____ requirement is met.
a)
Direct cause
b)
Proximate Cause
c)
None of these
d)
Both of these
45.
_____ is a legal fiction that cuts off recovery for injuries that are too remote from the defendant’s conduct, even though that conduct was the actual cause of the injury.
a)
Direct cause
b)
Proximate Cause
c)
None of these
d)
Both of these
46.
Which of these are ways the law has made it easier for the plaintiff to prove proximate causation:
a)
Res ipsa loquitur
b)
Negligence per se
c)
Alternative liability
d)
Market share liability
e)
None of these
47.
_____ acts break the chain of causation and cut off liability of the defendant.
a)
Intervening
b)
Superceding
48.
Who normally decides whether an injury is foreseeable?
a)
Judge
b)
Jury
c)
Plaintiff
d)
Defendant
e)
A reasonable person
49.
Defendant pays to fix your wrecked car. Those damages are:
a)
Medical expenses
b)
Property damage
c)
Lost income
d)
Loss of companionship
50.
Defendant pays to fix your wrecked car. Those damages are:
a)
Damages to punish the defendant
b)
Damages to compensate the plaintiff
51.
Defendant pays to put your broken arm in a cast. Those damages are:
a)
Damages to punish the defendant
b)
Damages to compensate the plaintiff
52.
Defendant pays to put your broken arm in a cast. Those damages are:
a)
Pain and suffering
b)
Medical expenses
c)
Property damage
d)
Lost income
53.
Defendant pays you because your arm still hurts after being put in the cast by the doctor. Those damages are:
a)
Damages to punish the defendant
b)
Damages to compensate the plaintiff
54.
Defendant pays you because your arm still hurts after being put in the cast by the doctor. Those damages are:
a)
Pain and suffering
b)
Medical expenses
c)
Property damage
d)
Lost income
55.
You try to recover money from the defendant because you can't sleep, and you are afraid to drive, after the defendant crashed into your car. Those damages are:
a)
Damages to punish the defendant
b)
Damages to compensate the plaintiff
56.
Which of these statements about the collateral source rule is NOT true:
a)
It requires defendants to provide some collateral, in case they can’t pay the jury verdict.
b)
Even if the plaintiff recovers the cost of repair from their insurance company, they can still recover the cost of repair from the plaintiff
c)
Even if the plaintiff recovers their lost income from unemployment, they can still recover their lost income from the plaintiff
d)
It can result in the plaintiff getting a double-recovery - aka a "windfall."
57.
Which TWO of these statements about mitigating damages is true:
a)
Plaintiff's recovery is reduced by their percentage of fault
b)
The focus is on the plaintiff's conduct before the damages, and before the plaintiff knew about the damages
c)
Plaintiff cannot recover for damages that they could reasonably have avoided
d)
The focus is on the plaintiff's conduct after the damages, and after the plaintiff knew about the damages
58.
True or False. The general rule is that you owe a duty to help others.
a)
True
b)
False
59.
True or False. If you tell someone that you will help them, and they rely on that promise, you owe them a duty to use reasonable care in helping them.
a)
True
b)
False
60.
How do most plaintiffs in negligence cases pay for their attorney:
a)
Contingent fees.
b)
Hourly rates.
c)
The defendant pays the plaintiff's attorney - but only if the plaintiff wins the case.
d)
None of these.
61.
How do most defendants in negligence cases pay for their attorney:
a)
Contingent fees.
b)
Hourly rates.
c)
The plaintiff pays the defendant's attorney - but only if the defendant wins the case.
d)
None of these.
62.
Which of these statements about contingent fees is true:
a)
Neither of these are true
b)
Both of these are true
c)
In a contingent fee arrangement, the plaintiff’s attorney gets a percentage of the judgment.
d)
In a contingent fee arrangement, the plaintiff’s attorney gets nothing if the defendant wins the case.
63.
Which of these statements about wrongful death actions is true:
a)
If the defendant’s negligence kills someone, surviving family members can sue on behalf of the deceased.
b)
Surviving family members can recover whatever damages the deceased could have recovered.
c)
They often include claims for loss of consortium
d)
All of these are true
e)
None of these are true
64.
Courts are _____ likely to overturn prior decisions that interpreted a constitution, than prior decisions that interpreted statutes.
a)
more
b)
less
65.
Which damages are intended to pay the plaintiff for their injuries:
a)
Compensatory
b)
Punitives
c)
Both of these
d)
Neither of these
66.
In Kansas, if the defendant smashes into the plaintiff's car, which of these is NOT enough to entitle the plaintiff recover damages for emotional distress:
a)
The plaintiff was physically injured in the crash.
b)
The crash caused emotional distress, and the emotional distress caused physical injuries
c)
The defendant's conduct rises to the level of willful or wanton
d)
A board certified psychologist presents clear and convincing evidence that the crash caused the plaintiff to suffer from PTSD
67.
Which damages are intended to punish the defendant for their willful or wanton conduct:
a)
Compensatory
b)
Punitives
c)
Both of these
d)
Neither of these
68.
Which damages are intended to discourage others from doing what the defendant did:
a)
Compensatory
b)
Punitives
c)
Both of these
d)
Neither of these
69.
True or False. If insurance pays to repair the plaintiff's car, the law allows double recovery - because the plaintiff gets money from insurance and from the defendant.
a)
True
b)
False
70.
In a property damages case, the plaintiff can recover:
a)
The cost to repair if it is higher than the decrease in value
b)
The cost to repair if it is lower than the decrease in value
c)
Both the cost to repair and the decrease in value
d)
Neither the cost to repair or decrease in value
71.
Because of the time value of money, juries are told to ______ lost income that the plaintiff would have received in the future, but for the defendant's negligence.
a)
decrease
b)
increase
c)
Neither of these.
72.
True or False. The the winner of negligence cases normally recovers attorneys fees from the defendant.
a)
True
b)
False
73.
True or False. Under Kansas law, a plaintiff can't recover more than $250,0000 in non-pecuniary loss - because that is what the statute says.
a)
True
b)
False
74.
In a negligence case, the test for deciding whether the plaintiff can recover punitive damages is ________.
a)
Subjective
b)
Objective
c)
Neither of these
d)
Both of these
75.
Which of these is NOT a factor used to decide if the amount of punitive damages is too high:
a)
How bad was the defendant's conduct
b)
What is the defendant's net worth
c)
What is the plaintiff's net worth
d)
What is the ratio of punitives to compensatory
e)
How much is necessary to deter others from doing the same thing
76.
If it would cost $2,000 to fix your smashed-up car, but your car is only worth $1,000, how much are your damages:
a)
$0
b)
$1,000
c)
$2,000
d)
$3,000
77.
In a property damage case, the _____ has the burden of proving the cost to repair.
a)
plaintiff
b)
defendant
78.
In a property damage case, the _____ has the burden of proving that the decrease in value of the damaged property is less than the cost to repair.
a)
plaintiff
b)
defendant
79.
Which of these is NOT a monetary damage?
a)
Attorney fees
b)
Lost Income
c)
Medical Expenses
d)
Emotional Distress
e)
Punitive Damages
80.
Licensees:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Don't have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Must be an employee
e)
Must be acting within the scope of their authority
81.
Trespassers:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Don't have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Must be an employee
e)
Must be acting within the scope of their authority
82.
Invitees:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Don't have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Must be an employee
e)
Must be acting within the scope of their authority
83.
For respondent superior to apply, the torfeasor must:
a)
Have permission to be on the property, but are not there for a business purpose.
b)
Not have permission to be on the property.
c)
Have permission to be on the property, and are there for a business purpose.
d)
Be an employee
e)
Be acting within the scope of their authority
84.
True or False. Under the general rule, property owners have a duty to warn trespassers.
a)
True
b)
False
85.
True or False. Under the general rule, property owners have a duty to warn social guests.
a)
True
b)
False
86.
True or False. If you invite someone to your home, they are an invitee.
a)
True
b)
False
87.
True or False. An invitee is a social guest.
a)
True
b)
False
88.
Which of these is NOT a true statement about the general duty that a property owner owes to a trespasser:
a)
They can deliberately injure the trespasser to protect themselves
b)
They can deliberately injure the trespasser to protect their property
c)
They don't have any duty to look for dangers
d)
They don't have any duty to reduce dangers
e)
They don't have any duty to warn about dangers
89.
True or False. Generally, there is no legal duty to help others, even in situations where there is a moral duty.
a)
True
b)
False
90.
True or False. The employment contract is the key factor for deciding whether the worker is an employee or an independent contractor.
a)
True
b)
False
91.
An employer can be liable for which of these acts, if they are committed by an employee in the scope of employment:
a)
Intentional torts
b)
Neglgigence
c)
Acts that the employer prohibits
d)
Driving to or from work
92.
True or False. States can't be sued unless they give permission to be sued.
a)
True
b)
False
93.
Which legal principle applies to: An attractive child wonders into her neighbor's yard, and falls into a swimming pool that was not fenced in.
a)
Attractive nuisance
b)
Known trespasser
c)
Res Ipsa Loquitur
d)
Negligence per se
e)
Repondeat Superior
94.
Which legal principle applies to: An attractive airplane crashes and kills all the attractive people on board.
a)
Attractive nuisance
b)
Known trespasser
c)
Res Ipsa Loquitur
d)
Negligence per se
e)
Repondeat Superior
95.
Which legal principle applies to: The landowner smiles and wavies at the Mockletes, who regularly skip Saturday practice to do the polar plunge at the landowner's abandoned rock quarry.
a)
Attractive nuisance
b)
Known trespasser
c)
Res Ipsa Loquitur
d)
Negligence per se
e)
Repondeat Superior
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