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Essentials of Torts

Criminal Justice

Quiz 12 :

Negligence: Breach of Duty

Quiz 12 :

Negligence: Breach of Duty

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Under a reasonable patient standard, expert witnesses would be needed to help determine how much information should be disclosed to a patient.
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True False
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False

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The defendant is expected to know that matches can cause dangerous fires even if the defendant's mental illness prevents him or her from knowing this.
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True False
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True

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By definition, a reasonable person does not cause accidents.
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True False
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False

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When doctors wish to stop providing medical services, they must first give their patients reasonable notice of withdrawal.
True False
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To avoid an accident that might injure another, a reasonable person would undergo any inconvenience or burden.
True False
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Attorney mistakes in the practice of law always lead to negligence liability.
True False
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In most negligence cases, the standard of care is reasonableness.
True False
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Under the English rule, the losing party pays the attorney fees of both sides.
True False
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The statute of limitations designates the time period a party must wait before bringing a cause of action.
True False
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If the defendants in a joint enterprise are jointly and severally liable, the plaintiff can collect the entire judgment from any individual defendant.
True False
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Unless a statute provides otherwise, parents are not vicariously liable for the torts committed by their children.
True False
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Establishing a res ipsa loquitur case means that the plaintiff has proven breach of duty.
True False
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A defendant is never expected to do more than what is considered to be custom and usage in the industry.
True False
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Physically, a reasonable person has the same strengths and weaknesses as the defendant.
True False
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Doctors are strictly liable for the harm they wrongfully cause.
True False
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Reasonableness is determined primarily by an objective standard.
True False
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Legislative intent may help you determine whether a statute was violated.
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Res ipsa loquitur can be used only when there is direct or specific evidence of negligence (unreasonableness).
True False
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If the violation of a statute is negligence per se, the jury will be allowed to find that the defendant acted reasonably only if the presumption of unreasonableness is overcome.
True False
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An employer is vicariously liable for the torts of an employee if committed within the scope of employment.
True False
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