Chapter Review
Chapter 20:
Negligence
Practice Test
1.
Which is NOT an element of negligence?
a.
The defendant owed a duty of care to the plaintiff.
b.
The defendant's attitude violated a duty of care.
c.
The defendant's conduct caused the plaintiff harm.
d.
The plaintiff suffered actual injuries or losses.
2.
Marian gets a cavity filled at the dentist's office. Marian didn't realize it but the dentist was drunk when he filled her tooth. However, he filled the cavity properly. Did the dentist commit a tort?
a.
yes, because by being drunk the dentist violated the duty to act with reasonable care
b.
no, because the dentist did not cause any injuries or losses
c.
yes, because the dentist had a duty to act with reasonable care which he failed to do
d.
no, because Marian did not realize the dentist was drunk
3.
When is a person liable for failing to act?
a.
when there is a special relationship between the plaintiff and defendant
b.
when his or her failure to act is unreasonable
c.
when his or her failure to act is immoral
d.
when the defendant could have acted without harm to his or her own interest
4.
What does the reasonable person standard NOT take into account?
a.
what the typical, average person would do
b.
how likely a certain harm is to occur
c.
how serious the harm would be if it did occur
d.
the burden involved in avoiding the harm
5.
When people under 18 years of age drive a car, their driving will be judged by what standard?
a.
reasonable standard that applies to adults
b.
reasonable standard that applies to minors of the same age
c.
reasonable standard that applies to minors of the same intelligence
d.
reasonable standard that applies to minors of the same experience
6.
Titania was talking on her cell phone as she filled her gas tank. This caused static electricity to ignite a fire and explosion. A man in an upstairs window across the street was so startled, he fell out of the window, breaking his collar bone. Titania's act of talking on the cell phone __________.
a.
is the cause in fact of the man's injuries
b.
is the proximate cause of the man's injuries
c.
did not cause the man's injuries
d.
foreseeably caused the man's injuries
7.
What is the underlying reason for awarding damages in negligence cases?
a.
to deter people from acting negligently
b.
to restore plaintiffs to their preinjury condition
c.
to penalize the defendant for acting negligently
d.
to console the plaintiff by giving him or her money
8.
In situations in which plaintiffs are contributorily negligent, the plaintiffs will __________.
a.
only win a portion of the costs to restore them to a preinjury condition
b.
not win any damages
c.
win damages for all their economic injuries
d.
win damages for all their economic injuries and non-economic losses
9.
In a state using comparative negligence, a jury decides that plaintiff Jenica suffered $100,000 in damages from a car crash with Noah in which plaintiff Jenica is 20 percent at fault and defendant Noah is 80 percent at fault. What is the outcome?
a.
Jenica will not recover any money from Noah.
b.
Jenica will recover $20,000 from Noah.
c.
Jenica will recover $80,000 from Noah.
d.
Jenica will recover $100,000 from Noah.
10.
Assumption of the risk is a defense to negligence that is used when the __________.
a.
plaintiff assumed the defendant would act reasonably
b.
plaintiff knew of a risk of danger but decided to accept the risk
c.
defendant assumed that plaintiffs would be careful
d.
defendant knew of a risk but acted unreasonably
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