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http://www.homeworkfortune.com/LAW-531-Week-2-Quiz-LAW531-04.htm |
LAW 531 Week 2 Quiz
1. Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of the situation? 1. Mary can file a negligence lawsuit against the dealership that sold Jon his car.2. Mar can file a strict liability suit against John 3. John can file a negligence lawsuit against the dealership from which he bought the car. 4. Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car. 5. Ongoing 6. One-time 7. Informal 8. Static 9. Defect in design 10. Failure to provide adequate instructions 11. Failure to warn 12. Defect in manufacture
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4. Which of the following statements below best describes the concept of Enterprise Risk Management? 1. People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/ opportunity.2. Management of a single function of an organization that, upon implementation and testing, is then processed entity wide 3. A process affected by an entity’s leaders, management, and other personnel that is designed to identify potential events that may affect the entity, and to manage risk 4. An approach that capitalizes on human intervention as processed through real change leaders. 5. Was it foreseeable to the plaintiff that the defendant would engage in this conduct? 6. Was the injury foreseeable to the plaintiff prior to the injury’s occurrence? 7. Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered? 8. Was it foreseeable that the defendant was the cause of plaintiff’s injuries given the nature of those injuries? 9. Professional malpractice 10. Disparagement 11. Assault 12. Intentional misrepresentation |
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7. A plaintiff wants to sue a defendant under a tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true? 1. A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries.2. If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence 3. Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence 4. The plaintiff will have to elect whether to sue under comparative or contributory negligence. 5. Negligence 6. Misrepresentation 7. Fraud 8. Nuisance 9. Quality control doctrine 10. Defective design doctrine 11. Crashworthiness doctrine 12. Failure to design doctrine 13. Failure to properly design the product 14. Failure to include adequate instructions for the product 15. Failure to properly test the product 16. Failure to properly package the product. 17. Intentional misrepresentation 18. Tort of appropriation 19. Misappropriation of the right to publicity 20. Disparagement 21. Jerry, a professional football player who earns $2 million a year 22. All the men recover the same amount of damages, irrespective of their income or profession 23. George, a retired professor who gets a pension of $50,000 a year 24. Harry, a chartered accountant who earns $200,000 a year 25. Made the product unreasonably dangerous 26. The defendant was aware of 27. Was caused by the defendant 28. Affect the value of the product 29. Strong investment strategies 30. Nondisclosure agreements 31. Management commitment 32. Legal counsel 33. Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting 34. Merchants are protected from product disparagement claims of their competitors 35. Merchants are protected from negligence claims on their business premises 36. Merchants are protected from the intentional torts of their customers. 37. Assault 38. Libel 39. Battery 40. Disparagement 41. Disparagement 42. Invasion of privacy 43. Slander 44. Libel 45. 18. According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care. 46. Contributive negligence 47. Comparative negligence 48. Assumption of task 49. Strict liability 50. Malicious intent is required for a disparagement case, but is not required in the defamation case 51. Publication to a third party is required in the defamation case, but not in the disparagement case 52. Malicious intent is required for the defamation case, but not in the disparagement case 53. Publication to a third party is required in the disparagement case, but not in the defamation case 54. The plaintiff was involved in an abnormally dangerous activity 55. The defendant gave advance warning to the plaintiff that an injury would occur 56. The plaintiff knowingly and willingly subjected herself to a risky activity 57. The plaintiff is more at fault than the defendant causing the accident 58. |
