BUL3310 EXAM PREP WITH COMPLETE
SOLUTION
Which of the following is not an affirmative defense in a negligence suit?
A. Contributory negligence
B. Pure comparative negligence
C. Modified comparative negligence
D. All of the above may be raised as affirmative defenses depending on the jurisdiction - =All of
the above may be raised as affirmation defenses depending on the jurisdiction
T or F: Pure comparative negligence is the defense in negligence cases that most favors the
plaintiff - =True
T or F: The reasonable person is a community ideal of reasonable behavior that cannot vary
from situation to situation - =False
T or F: The doctrine of res ipsa loquitur applies when a person causes damages while violating a
law or ordinance - =False
Famous Felines is a nightclub act featuring trained lions and tigers. After years of successful and
highly popular performances, one of the lions suddenly attacked a spectator sitting in the
audience. Famous Felines' liability to the injured spectator will be based on ____. - =Strict
liability
Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine patient,
escaped. Cuddles ran around in the road and in an adjacent field until she was found and
returned to the clinic half an hour later, completely unharmed. Is Valerie liable to Cuddles'
owner for negligence? - =No because Cuddles suffered no injury while she was free
If Mike owes a "slight duty of care" for property he is keeping for Doug, Mike would only be
liable for damages to the property caused by - =Gross negligence
,Susan owns a pizza delivery franchise. She decides to make changes to her pizza making
process. Her changes decrease the care and quality control of the care of the ingredients that
need to be refrigerated. Several of her customers end up getting food poisoning. What does she
have the greatest risk of being sued for? - =Negligence
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant managers
increases the production of the shampoo by cutting back on the standard quality control checks
in the industry. Unfortunately, a significant number of their bottles of shampoo has too much
"scalp chemical" and is causing people to go bald. Under what legal theory is Vidal most at risk?
- =Negligence
T or F: The difference between assault and battery is that assault results in more bodily harm -
=True
Local hunter went onto Neighbor's land because deer had been seen there. Hunter knew that
the land belonged to his height and it was posted against hunting. If Neighbor sues Hunter:
A. Hunter will be liable for willful trespass to land
B. Hunter may be liable for punitive damages
C. Hunter may have to pay neighbor's court costs and attorneys fees - =All are possible legal
consequences
Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to
the college bookstore, keeping the profits. Tom has committed the tort of - =Conversion
In cases involving extensive injuries and a solvent or insured defendant, attorneys will be paid a
percentage of the award if the case is successful. Fees structured this way are called _____ fees.
- =Contingent
Mary, concerned with antibiotics and chemicals in the food supply, started to raise pigs in the
backyard of her suburban home. She now has fourteen pigs that produce a significant amount
of solid waste, which attracts insects and smells very bad. There are no town or county
, ordinances that specifically forbid raising pigs. Her neighbors should challenge her right to
engage in this activity based on the tort of: - =Nuisance
Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary from the hospital in
which she worked and told Mary that her husband and son had died in a car accident and their
bodies were in the hospital morgue. In anguish, Mary rushed down to the hospital. Beth had
made up the entire story because she wanted to cause Mary pain. Beth has committed the tort
of - =Emotional distress
Defendant's failure to do what a reasonable and prudent person would do in his circumstances
subjects him liability for - =Negligence
The owner of a family car could be liable for damages, caused by any family member using the
car under the ____ doctrine - =Family purpose
Palsgraf v. Long Island Rail Road is the landmark case that limited damages in negligence cases
to those that are - =Foreseeable
Which of the following is not an affirmative defense in a negligence suit?
A. Contributory negligence
B. Pure comparative negligence
C. Modified comparative negligence - =All choices may be raised as affirmative defenses
depending on the jurisdiction
The majority of private law suits filed in the United States are for ____ claims - =Negligence
Which of the following injuries would justify plaintiff using res ipsa loquitur? - =A medical
malpractice claim against a surgeon who left a sponge in a patient
T or F: Early cases of strict liability dealt primarily with liability for dangerous animals or
abnormally dangerous activities - =True
SOLUTION
Which of the following is not an affirmative defense in a negligence suit?
A. Contributory negligence
B. Pure comparative negligence
C. Modified comparative negligence
D. All of the above may be raised as affirmative defenses depending on the jurisdiction - =All of
the above may be raised as affirmation defenses depending on the jurisdiction
T or F: Pure comparative negligence is the defense in negligence cases that most favors the
plaintiff - =True
T or F: The reasonable person is a community ideal of reasonable behavior that cannot vary
from situation to situation - =False
T or F: The doctrine of res ipsa loquitur applies when a person causes damages while violating a
law or ordinance - =False
Famous Felines is a nightclub act featuring trained lions and tigers. After years of successful and
highly popular performances, one of the lions suddenly attacked a spectator sitting in the
audience. Famous Felines' liability to the injured spectator will be based on ____. - =Strict
liability
Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine patient,
escaped. Cuddles ran around in the road and in an adjacent field until she was found and
returned to the clinic half an hour later, completely unharmed. Is Valerie liable to Cuddles'
owner for negligence? - =No because Cuddles suffered no injury while she was free
If Mike owes a "slight duty of care" for property he is keeping for Doug, Mike would only be
liable for damages to the property caused by - =Gross negligence
,Susan owns a pizza delivery franchise. She decides to make changes to her pizza making
process. Her changes decrease the care and quality control of the care of the ingredients that
need to be refrigerated. Several of her customers end up getting food poisoning. What does she
have the greatest risk of being sued for? - =Negligence
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant managers
increases the production of the shampoo by cutting back on the standard quality control checks
in the industry. Unfortunately, a significant number of their bottles of shampoo has too much
"scalp chemical" and is causing people to go bald. Under what legal theory is Vidal most at risk?
- =Negligence
T or F: The difference between assault and battery is that assault results in more bodily harm -
=True
Local hunter went onto Neighbor's land because deer had been seen there. Hunter knew that
the land belonged to his height and it was posted against hunting. If Neighbor sues Hunter:
A. Hunter will be liable for willful trespass to land
B. Hunter may be liable for punitive damages
C. Hunter may have to pay neighbor's court costs and attorneys fees - =All are possible legal
consequences
Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to
the college bookstore, keeping the profits. Tom has committed the tort of - =Conversion
In cases involving extensive injuries and a solvent or insured defendant, attorneys will be paid a
percentage of the award if the case is successful. Fees structured this way are called _____ fees.
- =Contingent
Mary, concerned with antibiotics and chemicals in the food supply, started to raise pigs in the
backyard of her suburban home. She now has fourteen pigs that produce a significant amount
of solid waste, which attracts insects and smells very bad. There are no town or county
, ordinances that specifically forbid raising pigs. Her neighbors should challenge her right to
engage in this activity based on the tort of: - =Nuisance
Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary from the hospital in
which she worked and told Mary that her husband and son had died in a car accident and their
bodies were in the hospital morgue. In anguish, Mary rushed down to the hospital. Beth had
made up the entire story because she wanted to cause Mary pain. Beth has committed the tort
of - =Emotional distress
Defendant's failure to do what a reasonable and prudent person would do in his circumstances
subjects him liability for - =Negligence
The owner of a family car could be liable for damages, caused by any family member using the
car under the ____ doctrine - =Family purpose
Palsgraf v. Long Island Rail Road is the landmark case that limited damages in negligence cases
to those that are - =Foreseeable
Which of the following is not an affirmative defense in a negligence suit?
A. Contributory negligence
B. Pure comparative negligence
C. Modified comparative negligence - =All choices may be raised as affirmative defenses
depending on the jurisdiction
The majority of private law suits filed in the United States are for ____ claims - =Negligence
Which of the following injuries would justify plaintiff using res ipsa loquitur? - =A medical
malpractice claim against a surgeon who left a sponge in a patient
T or F: Early cases of strict liability dealt primarily with liability for dangerous animals or
abnormally dangerous activities - =True
