CLNC EXAM QUESTIONS AND ANSWERS
Four legal elements must be proven in products liability cases for a strict liability theory.
True or False - CORRECT ANSWER✅✅✅False
In evaluating a medical malpractice case, you identify an act of negligence that did NOT cause or
contribute to the alleged damages and injuries. This act of negligence is:
A) Always irrelevant and not worth bringing to the attention of the attorney.
B) Relevant if it has some bearing on the major issues being litigated.
C) Always relevant and a major element in the case.
D) Irrelevant, but should be brought to the attorney's attention anyway. - CORRECT ANSWER✅✅✅A
Which of the following elements is generally NOT required for the plaintiff to prove an intentional tort?
A) Volitional act by the defendant.
B) Intent to bring about the consequences.
C) Causation.
D) Proof of damages. - CORRECT ANSWER✅✅✅D
Which of the following is LEAST useful in assessing the element of damages?
A) Plaintiff's age and occupation.
,B) Medical expenses resulting from the incident.
C) Income tax records.
D) Funeral expenses. - CORRECT ANSWER✅✅✅D
Mr. Meadows, a 58-year-old patient with chronic obstructive pulmonary disease, was dependent upon
24-hour-per-day supplemental oxygen. Ms. Smith, RN transported him to another unit without
supplemental oxygen. En route, he arrested, resuscitation was unsuccessful and he died. Assuming the
plaintiff attorney can prove gross negligence, which component of damages unique to gross negligence
will the plaintiff's family be able to recover?
A) Medical expenses.
B) Punitive damages.
C) Lost earning capacity.
D) Loss of consortium. - CORRECT ANSWER✅✅✅B
Which type of negligence is generally most difficult to prove?
A) Contributory negligence.
B) Comparative negligence.
C) Negligent infliction of emotional distress.
D) Gross negligence. - CORRECT ANSWER✅✅✅D
,A
plaintiff's failure to act prudently is an example of which defense to negligence?
A) Comparative negligence.
B)Gross negligence.
C) Last chance doctrine.
D) Assumption of risk. - CORRECT ANSWER✅✅✅A
Which of the following elements must be proven in battery?
A) Intent to bring about the offensive contact, the offensive contact and causation.
B) Reasonable apprehension, offensive contact and damages.
C) Damages, volitional act and causation.
D) Negligence, volitional act and causation. - CORRECT ANSWER✅✅✅A
Which elements need to be proven in intentional tort?
A) Volitional act, damages, causation.
B) Duty, breach of duty, causation.
C) Volitional act, intent to bring about consequences, causation.
, D) Intent to bring about consequences, negligence, causation. - CORRECT ANSWER✅✅✅A
Which of the following situations most likely constitutes both assault and battery?
A) Removal of a benign breast based on the wrong pathology report.
B) Amputation of the wrong limb.
C) Transmission of AIDS to spouse.
D) An employer touches an employee on the buttocks on three different occasions. - CORRECT
ANSWER✅✅✅D
Which of the following is an example of apparent consent?
A) A patient undergoes outpatient elective surgery without written consent.
B) A patient arrives at the ED in a coma and is treated for traumatic injuries.
C) A patient signs a consent form prior to surgery.
D) An unconscious Jehovah's Witness receives blood. - CORRECT ANSWER✅✅✅A
Which intentional tort requires damages to be proven?
A) Assault.
B) Battery.
Four legal elements must be proven in products liability cases for a strict liability theory.
True or False - CORRECT ANSWER✅✅✅False
In evaluating a medical malpractice case, you identify an act of negligence that did NOT cause or
contribute to the alleged damages and injuries. This act of negligence is:
A) Always irrelevant and not worth bringing to the attention of the attorney.
B) Relevant if it has some bearing on the major issues being litigated.
C) Always relevant and a major element in the case.
D) Irrelevant, but should be brought to the attorney's attention anyway. - CORRECT ANSWER✅✅✅A
Which of the following elements is generally NOT required for the plaintiff to prove an intentional tort?
A) Volitional act by the defendant.
B) Intent to bring about the consequences.
C) Causation.
D) Proof of damages. - CORRECT ANSWER✅✅✅D
Which of the following is LEAST useful in assessing the element of damages?
A) Plaintiff's age and occupation.
,B) Medical expenses resulting from the incident.
C) Income tax records.
D) Funeral expenses. - CORRECT ANSWER✅✅✅D
Mr. Meadows, a 58-year-old patient with chronic obstructive pulmonary disease, was dependent upon
24-hour-per-day supplemental oxygen. Ms. Smith, RN transported him to another unit without
supplemental oxygen. En route, he arrested, resuscitation was unsuccessful and he died. Assuming the
plaintiff attorney can prove gross negligence, which component of damages unique to gross negligence
will the plaintiff's family be able to recover?
A) Medical expenses.
B) Punitive damages.
C) Lost earning capacity.
D) Loss of consortium. - CORRECT ANSWER✅✅✅B
Which type of negligence is generally most difficult to prove?
A) Contributory negligence.
B) Comparative negligence.
C) Negligent infliction of emotional distress.
D) Gross negligence. - CORRECT ANSWER✅✅✅D
,A
plaintiff's failure to act prudently is an example of which defense to negligence?
A) Comparative negligence.
B)Gross negligence.
C) Last chance doctrine.
D) Assumption of risk. - CORRECT ANSWER✅✅✅A
Which of the following elements must be proven in battery?
A) Intent to bring about the offensive contact, the offensive contact and causation.
B) Reasonable apprehension, offensive contact and damages.
C) Damages, volitional act and causation.
D) Negligence, volitional act and causation. - CORRECT ANSWER✅✅✅A
Which elements need to be proven in intentional tort?
A) Volitional act, damages, causation.
B) Duty, breach of duty, causation.
C) Volitional act, intent to bring about consequences, causation.
, D) Intent to bring about consequences, negligence, causation. - CORRECT ANSWER✅✅✅A
Which of the following situations most likely constitutes both assault and battery?
A) Removal of a benign breast based on the wrong pathology report.
B) Amputation of the wrong limb.
C) Transmission of AIDS to spouse.
D) An employer touches an employee on the buttocks on three different occasions. - CORRECT
ANSWER✅✅✅D
Which of the following is an example of apparent consent?
A) A patient undergoes outpatient elective surgery without written consent.
B) A patient arrives at the ED in a coma and is treated for traumatic injuries.
C) A patient signs a consent form prior to surgery.
D) An unconscious Jehovah's Witness receives blood. - CORRECT ANSWER✅✅✅A
Which intentional tort requires damages to be proven?
A) Assault.
B) Battery.
