Exam #1 | 165 Questions & Answers | Verified Q&A |
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1. Describe the principle of 'strict liability' in the context of product liability and
its implications for manufacturers.
It limits liability to cases where the product was intentionally harmful.
It holds manufacturers responsible for hazardous products
regardless of negligence, meaning they can be liable even if they
took all reasonable precautions.
It requires manufacturers to prove they were not negligent to avoid
liability.
It applies only when a product is proven to be defective.
2. A TORT is defined as:
A crime for which one may be jailed
Malpractice
Any unlawful act
A civil wrong for which damages may be received other than a
breach of contract
3. Describe how contributory negligence influences the outcome of a legal
claim for damages.
Contributory negligence allows for punitive damages to be awarded.
Contributory negligence influences the outcome by decreasing the
amount of damages awarded based on the plaintiff's own
negligence.
Contributory negligence has no impact on the outcome of legal
, claims.
Contributory negligence guarantees full compensation for the
plaintiff.
4. What is the definition of a prima facie case in legal terms?
Basic evidence that establishes grounds for a lawsuit.
A type of authority in nursing home administration.
A principle that governs the liability of employers.
A legal doctrine that protects against wrongful termination.
5. Which of the following rules states that an employment test has disparate
impact if the hiring rate for a minority group is less than 80 percent of the
hiring rate for the majority group?
Four-fifths Rule
Mixed-Motive Rule
Prima Facie Rule
6. What are the three elements necessary to establish a case of negligence?
Intent, motive, and opportunity.
Duty of care, causation, and damages.
Breach of contract, damages, and intent.
A legal duty, breach of that duty, and harm caused by that breach.
7. The four-fifths rule as defined by the EEOC is used to determine what?
Harassment
Disparate Impact
Adverse Impact
, Reverse Discrimination
8. What is the legal definition of 'liability'?
The authority to enforce laws and regulations.
Legal responsibility for one's actions or omissions that cause harm
to others.
The ability to make decisions in a legal context.
The process of resolving disputes through the court system.
9. What is the definition of a fiduciary in a legal context?
A person in a special legal relationship of trust.
A person who acts solely for their own benefit.
A person who manages financial investments.
A person who provides legal advice.
10. In a scenario where a nursing home resident suffers an injury due to
negligence, what type of damages might they seek in a tort claim?
Injunctions to prevent future negligence
Restitution of property lost during the incident
Punitive damages to punish the nursing home
Monetary compensation for medical expenses and suffering
11. Which legal doctrine corresponds to 'the thing speaks for itself'?
c. both a and b
d. medical malpractice
b. res ipsa loquitur
, a. respondeat superior
12. What is the definition of 'functional authority' in an organizational context?
Functional authority is the power to enforce company policies.
Functional authority is the authority given to employees to manage
their own schedules.
Functional authority refers to the power held by line managers to
make decisions.
Functional authority allows certain staff members to make
decisions within their area of expertise across different
departments.
13. What is the legal term for a person who dies without a will?
Testate
Intestate
Beneficiary
Executor
14. Describe how Functional Authority differs from Line Authority in the context
of nursing home administration.
Functional Authority focuses on specialized responsibilities
regardless of line authority, while Line Authority involves direct
oversight of employees.
Functional Authority is broader and includes all management
responsibilities, while Line Authority is limited to specific tasks.
Functional Authority is only applicable to administrative staff, while
Line Authority applies to all employees.
Functional Authority allows for decision-making without any
oversight, while Line Authority requires constant supervision.