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RJ
RJ, Professor
Category: Personal Injury Law
Satisfied Customers: 3070
Experience:  Former Torts professor and former personal injury paralegal
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I am getting ready to take an exam and I was told that it is

Customer Question

I am getting ready to take an exam and I was told that it is tricky. A lot of people was very disappointed in their grade. I wanted to know if you have time to assist me with now
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  RJ replied 3 years ago.
I would be happy to assist you.
Customer: replied 3 years ago.

I only have 1 more hour

Unit 9 : Unit 9: Torts in Practice: Bad Faith and Workers' Compensation - Final Exam

Time Remaining:


1. Those who incorporate misstatements into commercial documents are liable to those who suffer as a result of justifiable reliance on those misstatements. (Points : 2)
True
False

2. Exposure to unpleasant sounds and odors may constitute substantial interference to justify a suit for private nuisance. (Points : 2)
True
False

3. Violation of statutes that set forth safety standards will be treated as negligence per se. (Points : 2)
True
False

4. Today, professional negligence has not displaced battery as a basis for liability. (Points : 2)
True
False

5. _________ is a defense to a product-liability claim. (Points : 2)
Self-defense
Informed consent
Waiver
Assumption of the risk

6. For purposes of public nuisance, it is not sufficient that only the plaintiff was injured. (Points : 2)
True
False

7. An adhesion contract is characterized by ____________________. (Points : 2)
negotiation regarding the terms of the contract
the equal bargaining power of the parties
the unequal bargaining power of the parties
All of the above

8. After trial and the entry of an excess judgment, the insured will often assign to the injured party all of his or her rights under the contract, including any claims he or she might have for bad faith. (Points : 2)
True
False

9. The defense of contributory negligence ______________. (Points : 2)
is where a plaintiff's recovery is reduced in direct proportion to his or her degree of negligent contribution to his or her own injuries
is when a plaintiff volunteers to take the chance that harm will occur
shifts the loss from a defendant to a plaintiff by totally barring a negligent plaintiff from recovery
is all of the above

10. Design-defect claims can be based on either negligence or strict-liability standards. (Points : 2)
True
False

11. If an unforeseeable intervening cause leads to the plaintiff's injury, the defendant will automatically be relieved of liability. (Points : 2)
True
False

12. A defendant who can raise a legitimate defense is not subject to contribution. (Points : 2)
True
False

13. Some intentional torts are crimes as well. (Points : 2)
True
False

14. The privity requirement, which is adhered to in most states today, prevents plaintiffs from suing manufacturers in most cases. (Points : 2)
True
False

15. If the harm done to a plaintiff can be apportioned, each defendant is jointly and severally liable. (Points : 2)
True
False

16. The first requirement for filing a workers compensation claim is that the employee be injured ___________. (Points : 2)
at home
on the job
permanently
due to the employer's negligence

17. Courts are more likely to find proximate cause in cases involving strict liability than in cases involving negligence. (Points : 2)
True
False

18. A motion for summary judgment is filed by a party to request that the court enter a judgment on its behalf because _________________. (Points : 2)
there is no material fact at issue
the defendant has failed to file a responsive pleading to the complaint
the parties cannot resolve the dispute
the plaintiff always wins

19. Under the United States Supreme Court's landmark decision, New York Times v. Sullivan, the court held that if a plaintiff is a public official, he or she can recover only by showing that ____________. (Points : 2)
the defendant knew the statements to be false
the defendant published the statements in a widely circulated publication
both (a) and (b)
the defendant acted with actual malice

20. What is the collateral-source rule? (Points : 2)
A plaintiff is entitled to recover damages from the defendant even though he or she has already been reimbursed by another source, such as an insurance company.
A plaintiff cannot recover for any damages he or she could reasonably have avoided.
A plaintiff can recover damages from the defendant for lost services, such as companionship, sex, and earnings outside the home.
Third parties can recover for losses they sustain as a result of a victim's death.

21. Under a mandatory-coverage workers' compensation system, employees may opt out of the system and retain the right to sue their employers in state court. (Points : 2)
True
False

22. Plaintiffs who enter into a(n)__________ surrender their claims. (Points : 2)
satisfaction of a claim
release
covenant not to sue
covenant not to compete

23. ___________________ allows an insurer to bring suit against the responsible person, in the name of the insured, in order to collect the amounts paid by the insurer to the insured. (Points : 2)
Reformation
Arbitration
Subrogation
Termination

24. Special harm need not be shown in the case of slander. (Points : 2)
True
False

25. Workers' compensation was created to protect workers who are injured on the job, whether or not the injuries were due to their own negligence. (Points : 2)
True
False

26. Historically, claims for negligent misrepresentation were not allowed. (Points : 2)
True
False

27. Bad faith can occur in all of the following ways EXCEPT the insurance carrier _________________. (Points : 2)
negligently delaying in making payment on a policy
unreasonably delaying payment on a policy
acting unconscionably towards its insured
engaging in unfair claims practices

28. According to the Restatement (Second) of Torts, a statement is defamatory if it tends to harm one's reputation, thereby lowering the person in the estimation of the community or deterring others from associating with him or her. (Points : 2)
True
False

29. Under the Restatement (Second) of Torts, violation of a statute is "excused" for all of the following reasons, EXCEPT _____________. (Points : 2)
the violation is deemed reasonable because of the actor's incapacity
the violator neither knows nor should know of the occasion for compliance
the violator is unable after reasonable diligence or care to comply
the violator is of below average intelligence

30. Assumption of risk cannot be raised as a defense in strict liability cases. (Points : 2)
True
False

31. Which of the following statements is true? (Points : 2)
Plaintiffs prevail in a smaller fraction of malpractice cases that go to trial than in any other category of litigation.
More than half of all product liability cases tried by a jury result in a verdict for the plaintiff.
Larger juries are more likely to produce variable results than smaller juries.
Ninety-eight percent of all civil litigation takes place in federal courts.

32. A defendant cannot be found liable for "puffing." (Points : 2)
True
False

33. The most common tort is strict liability. (Points : 2)
True
False

34. Which of the following is a defense to strict liability? (Points : 2)
Contributory negligence
Comparative negligence
Assumption of the risk
All of the above

35. An employer is liable for the intentional tort of an employee as long as ___________________. (Points : 2)
the employee's acts are driven by some purely personal motive
the employee is on a "frolic" or "detour"
the tort is reasonably connected to the employee's job
None of the above. An employer is never liable for the intentional torts of an employee.

36. The key distinction between negligence and strict liability lies in the area of _____________. (Points : 2)
damages
duty
defenses
fault

37. Design defects alleged by a plaintiff must fall into one of three categories, which include all of the following EXCEPT ____________________. (Points : 2)
structural
misuse of the product
warranty
absence of safety features

38. The term nuisance has never been precisely defined by the courts. (Points : 2)
True
False

39. Most private-nuisance claims arise out of ___________________ conduct. (Points : 2)
negligent
abnormally dangerous
res ipsa loquitur
intentional

40. Strict liability is a cause of action that can be used in cases involving all of the following, EXCEPT __________. (Points : 2)
dangerous animals
professional care
product liability
abnormally dangerous activities

41. All six factors set forth by the Restatement must be met before an activity may be classified as abnormally dangerous. (Points : 2)
True
False

42. Which of the following constitutes invasion of privacy? (Points : 2)
Appropriation
Unreasonable intrusion
Public disclosure of private facts
All of the above

43. An individual is under no obligation to continue administering care once he or she has come to the rescue of one in need. (Points : 2)
True
False

44. Which of the following DO NOT have an absolute privilege against defamation? (Points : 2)
Judges during judicial proceedings, regardless of their motives for making the statements
Legislators acting in furtherance of their legislative function during a legislative hearing
Parties to a law suit
All federal officials acting in their official capacity

45. Under the English common law, animal owners were strictly liable for damages caused by any trespassing animals, including cats and dogs. (Points : 2)
True
False

46. At least nineteen states have passed statutes forbidding or limiting duplication in awards from multiple sources. (Points : 2)
True
False

47. In a XXXXX XXXXX agreement, the defendant agrees to guarantee the plaintiff _________________. (Points : 2)
absolute immunity from claims by the defendant
a certain amount of money if the plaintiff loses or recovers less than a stated amount
refund of part of the plaintiff's payment in the event of a verdict against the defendants
full payment of all damages

48. In most jurisdictions, the workers compensation statutory monthly wage is __________________. (Points : 2)
tied to the cost-of-living index
tied to the state's actual average monthly wage
changed, if at all, only by legislative action
All of the above

49. Defendants who use a(n) __________________ defense are arguing that a safer design was not possible at the time the product in question was manufactured. (Points : 2)
defective-warning
state-of-the-art
unavoidably unsafe
disclaimer

50. An employer is not vicariously liable for acts committed by an employee if the employer has expressly forbidden the commission of such acts. (Points : 2)
True
False

51. Deposition testimony can be used to impeach a witness at trial but cannot be introduced at trial if the witness fails to appear. (Points : 2)
True
False

52. The U.S. Supreme Court has held that the excessive fines clause of the Eighth Amendment applies only to fines imposed by the government. (Points : 2)
True
False

53. Most states require that a vehicle owner maintain uninsured motorist coverage on his or her vehicle in order to lawfully drive on public roadways. (Points : 2)
True
False

54. Under the common law, when a plaintiff died as a consequence of injuries inflicted on him by the defendant, his tort action died along with him. (Points : 2)
True
False

55. Which of the following is NOT a category of damages? (Points : 2)
Compensatory
Nominal
Punitive
Res ipsa loquitur

56. UIM stands for Uninsured Motorist coverage. (Points : 2)
True
False

57. One who keeps dangerous animals is strictly liable for the harm done by those animals. (Points : 2)
True
False

58. Misrepresentation arose out of the common law action of ____________. (Points : 2)
fraud
deceit
strict liability
nuisance

59. Which of the following is the majority rule in Palsgraf v. Long Island Railroad, as announced by Judge Cardozo? (Points : 2)
Defendant owes a duty to the world at large and not just to those in the "danger zone."
Defendant must take the plaintiff as he or she finds him.
Defendant is liable for all reasonably foreseeable consequences of his or her negligence. He or she owes a duty of care to the reasonably foreseeable plaintiff.
Defendant is liable even if there is an unforeseeable intervening cause leading to the same type of harm threatened by defendant's negligence.

60. If a holding is considered binding authority, the court ________________. (Points : 2)
may choose to follow the holding
must follow the holding
cannot follow the holding
can disregard the holding



Time Remaining:

Expert:  RJ replied 3 years ago.

Here are the answers 1. true 2. true 3. true 4. true 5. asumpton of the risk 6. false 7. unequal bargainign power 8. true 9. shifts the loss from the defendant to the plaintiff 10. true 11. true 12. true 13. true 14. false. 15. false 16. on the job 17. false. 18. no issue of material fact 19. actual malice 20. a plaintiff can recover eve thoug he may have been reimbursed by another source such as a insurance company 21. false 22. release 23. subrogation 24. false 25. true 26. false. 27. neglgiently delaying payment 28. true 29. the vilolator is below average intelligence 30. true 31. 32. true 33. false 34.asumption of th risk. 35. th tort is reasonably connected to the employee's job. 36. fault 37.misuse of the product 38. true 39. intentiional 40. professional care. 41. false 42. all of the above 43. false 44. parties to a lawsuit 45. false 46. true 47. a certain amount of money if the plaintiff loses or recovers less than certain amount 48. all of the above 49. state of the art 50. false 51. false 52. false 53. true 54. false 55. compensatory 56. false 57. true 58. fraud 59. defendant is liable for all reasonably forseeeable consequences of his or h negligence. he or she owes a duty of care to the foreseeable plintiff 60. must follow.

Expert:  RJ replied 3 years ago.
Here is 31. more than half of all products liability cases result in a i verdict for the plaintiff.
Customer: replied 3 years ago.
my time has ran out
Expert:  RJ replied 3 years ago.
I am sorry. I tried to get the answers posted as quickly as possible.
Customer: replied 3 years ago.
I know I hate this I have a 3.5 GPA and I took 3 Law classes at the same time. I think I am going to get a 2.7 in this class and I have another exam in intellectual properties to do which don't think I will do well on. The said part is I have done so good for almost 4 years and to get down to the end and mess my GPA is very sad. I have to have a 4.0 on my last 2 classes or I can kiss law school good by. My school did not offer the la classes I wanted so I was placed in tort and intellectual properties. If I get a 2.7 in intellectual properties my GPA will drop to a 3.2
Expert:  RJ replied 3 years ago.
Hopefully, your others classes will give you better grades. Use this tests as a practice test when you are studying for your law school exams.
RJ, Professor
Satisfied Customers: 3070
Experience: Former Torts professor and former personal injury paralegal
RJ and 6 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
I paid the money since you did the work. Maybe you can help me on the intellecutal law exam
Expert:  RJ replied 3 years ago.
I would be happy to help.
Customer: replied 3 years ago.

Hello,

 

I wanted to know if you where available to assist with my intellecutal law exam tonight

Expert:  RJ replied 3 years ago.
I am available.
Customer: replied 3 years ago.
okay do you know a lot about intellecutal property. I know you specialize in tort and personal injuries
Expert:  RJ replied 3 years ago.
I do not know lot about intellectual property.
Customer: replied 3 years ago.
okay
Customer: replied 3 years ago.
I don't know what to do because I am afraid of failing this exam.
Expert:  RJ replied 3 years ago.
There are other experts who know intellectual property. Ask Customer Service.
Customer: replied 3 years ago.
I have posted it an got no response yet
Expert:  RJ replied 3 years ago.
Keep trying, someone will answer.

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