AU62 COURSE EXAM UPDATED ACTUAL QUESTIONS
AND CORRECT ANSWERS
Question:
1. An organization may incur losses from legal liabilities in a
number of different ways. Which one of the following
actions would best be described as an intentional tort?
Answer:
A newspaper mistakenly identifies the driver in an alcohol-related hit and run
accident as John Doe, a prominent local attorney.
Question:
2. Martin, a 15-year-old boy, carelessly tossed a glass bottle
over the heads of several people toward a recycling bin
15 feet away. Luckily, Martin did not hit anybody between
him and the recycling bin, and the glass fell perfectly into
the bin. Unluckily, a private investigator was hiding in the
recycling bin at that moment and suffered a concussion
from Martin's bottle. Which one of the following is the
most significant legal issue that the investigator might
face in a negligence claim against Martin?
Answer:
Proximate Cause. Proximate cause is the most significant legal issue that the
investigator might face in a negligence claim against Martin, because Martin
cannot be liable for results that could not have been reasonably foreseen.
Question:
3. Generally, how do courts determine that a defendant is
liable under negligence per se?
Answer:
Courts determine that a defendant is negligent per se when the defendant has
violated a statutory standard.
,Question:
4. Emilia's neighbor, Lucas, planted a garden by Emilia's
property. Emilia knew that Lucas's garden was at risk of
damage from flowing rainwater because of the hills at the
edge of her property. Emilia also knew that the trees on
her property were old and could fall in strong winds.
During the next storm, the garden was destroyed by a
combination of rainwater, falling branches, and rocks
rolling from Emilia's hills. Which one of the following is
correct concerning whether Lucas has a claim against
Emilia for any or all of the natural conditions that
destroyed his garden?
Answer:
Emilia's only duty in this case was to remove the old trees that she knew might fall,
and she is not liable for any other natural conditions. When a tree falls and causes
damages on an adjacent premises or a highway, the landowner might be liable for
negligence if he or she knew that the tree might fall and failed to take reasonable
steps to remove it.
Question:
5. Paul and Jerry were both six years old when they entered
a neighbor's home and used baseball bats to smash and
break household items. When establishing liability for
Paul's and Jerry's actions, the court will most likely
primarily consider
Answer:
The tortfeasors' capacity refers to whether someone has the capacity to form
intent for a tortuous act.
Question:
6. Amy was severely injured in an accident with a tractor
trailer. She lived for two weeks following the accident
amassing $200,000 of medical bills and other expenses
related to the accident. It is likely that a lawsuit, under
survival statutes, the $200,000 of damages will
Answer:
Be awarded in order to recover damages Amy sustained between the time of her
injuries and the time of her death. It is likely that in a lawsuit, under survival
statutes, the $200,000 of damages will be awarded in order to recover damages
Amy sustained between the time of her injuries and the time of her death
, Question:
7. A court would most likely order an injunction for which
one of the following purposes?
Answer:
To stop infringement of a copyright.
Question:
8. In a class action lawsuit involving an insurer's claim
practices, the court must consider the elements of
Select one:
Answer:
Numerosity, commonality, typicality, and adequacy of representation
Question:
9. Baker Company's salesperson negligently injures a
pedestrian while driving a Baker Company vehicle on a
sales call. Under which one of the following legal
doctrines could the pedestrian hold Baker Company
responsible for injury caused by the negligence of its
employee?
Answer:
Respondeat superior. The doctrine of respondeat superior states that an
employer may be held liable for the acts of an employee as long as those acts are
within the scope of his or her employment.
Question:
10. Matthew Jones, the named insured under a Business Auto
Coverage form (BACF), requires his employees to use
their own cars for business purposes. One of Matthew's
employees, Paul, causes an accident while driving his
own truck for the business.
Matthew's BACF shows symbol 3 for liability coverage.
Which one of the following correctly indicates why
Matthew is not an insured under the policy for Paul's use
of his own truck in this situation?
Answer:
Matthew is covered for owned private passenger autos only.
AND CORRECT ANSWERS
Question:
1. An organization may incur losses from legal liabilities in a
number of different ways. Which one of the following
actions would best be described as an intentional tort?
Answer:
A newspaper mistakenly identifies the driver in an alcohol-related hit and run
accident as John Doe, a prominent local attorney.
Question:
2. Martin, a 15-year-old boy, carelessly tossed a glass bottle
over the heads of several people toward a recycling bin
15 feet away. Luckily, Martin did not hit anybody between
him and the recycling bin, and the glass fell perfectly into
the bin. Unluckily, a private investigator was hiding in the
recycling bin at that moment and suffered a concussion
from Martin's bottle. Which one of the following is the
most significant legal issue that the investigator might
face in a negligence claim against Martin?
Answer:
Proximate Cause. Proximate cause is the most significant legal issue that the
investigator might face in a negligence claim against Martin, because Martin
cannot be liable for results that could not have been reasonably foreseen.
Question:
3. Generally, how do courts determine that a defendant is
liable under negligence per se?
Answer:
Courts determine that a defendant is negligent per se when the defendant has
violated a statutory standard.
,Question:
4. Emilia's neighbor, Lucas, planted a garden by Emilia's
property. Emilia knew that Lucas's garden was at risk of
damage from flowing rainwater because of the hills at the
edge of her property. Emilia also knew that the trees on
her property were old and could fall in strong winds.
During the next storm, the garden was destroyed by a
combination of rainwater, falling branches, and rocks
rolling from Emilia's hills. Which one of the following is
correct concerning whether Lucas has a claim against
Emilia for any or all of the natural conditions that
destroyed his garden?
Answer:
Emilia's only duty in this case was to remove the old trees that she knew might fall,
and she is not liable for any other natural conditions. When a tree falls and causes
damages on an adjacent premises or a highway, the landowner might be liable for
negligence if he or she knew that the tree might fall and failed to take reasonable
steps to remove it.
Question:
5. Paul and Jerry were both six years old when they entered
a neighbor's home and used baseball bats to smash and
break household items. When establishing liability for
Paul's and Jerry's actions, the court will most likely
primarily consider
Answer:
The tortfeasors' capacity refers to whether someone has the capacity to form
intent for a tortuous act.
Question:
6. Amy was severely injured in an accident with a tractor
trailer. She lived for two weeks following the accident
amassing $200,000 of medical bills and other expenses
related to the accident. It is likely that a lawsuit, under
survival statutes, the $200,000 of damages will
Answer:
Be awarded in order to recover damages Amy sustained between the time of her
injuries and the time of her death. It is likely that in a lawsuit, under survival
statutes, the $200,000 of damages will be awarded in order to recover damages
Amy sustained between the time of her injuries and the time of her death
, Question:
7. A court would most likely order an injunction for which
one of the following purposes?
Answer:
To stop infringement of a copyright.
Question:
8. In a class action lawsuit involving an insurer's claim
practices, the court must consider the elements of
Select one:
Answer:
Numerosity, commonality, typicality, and adequacy of representation
Question:
9. Baker Company's salesperson negligently injures a
pedestrian while driving a Baker Company vehicle on a
sales call. Under which one of the following legal
doctrines could the pedestrian hold Baker Company
responsible for injury caused by the negligence of its
employee?
Answer:
Respondeat superior. The doctrine of respondeat superior states that an
employer may be held liable for the acts of an employee as long as those acts are
within the scope of his or her employment.
Question:
10. Matthew Jones, the named insured under a Business Auto
Coverage form (BACF), requires his employees to use
their own cars for business purposes. One of Matthew's
employees, Paul, causes an accident while driving his
own truck for the business.
Matthew's BACF shows symbol 3 for liability coverage.
Which one of the following correctly indicates why
Matthew is not an insured under the policy for Paul's use
of his own truck in this situation?
Answer:
Matthew is covered for owned private passenger autos only.
