FLORIDA STATE UNIVERSITY BUL 3310 EXAM 2 FSU
BAILEY 2024
Which of the following describes the duty of a landowner to a trespasser under thecommon law?
The duty to warn of obvious dangersThe duty to warn of hidden dangers
The duty not to entrap the trespasser on the premises
The duty to make certain that the premises are absolutely safe
The doctrine that creates a rebuttable presumption that a defendant was negligentbased on the natu
and circumstances of the injury is
Res ipsa loquitur
Negligence per se
Malpractice
Contributory negligence
Juries use the "but for" test (i.e. "but for the negligent act of the defendant would the plaintiff have b
injured") to decide if the requirement of is met.
Probable cause
Actual cause
Proximate cause
Reasonable cause
Which of the following could be argued by the defendant in a product liability casebased on strict lia
to limit the dollar amount of the damages awarded to the plaintiff?
The product was based on state of the art design.
The manufacturer exercised all reasonable care in the manufacture of the product.The user was ca
or misused the product.
All of the above can be pled to reduce damages.
The damages that are awarded to a victim to make the victim "whole" are
damages.
Punitive CompensatoryNominal Consequential
There are no defenses available to a defendant manufacturer in market share liabilitycases
True False
,The legal classification for all property that is not real property is .
Chattel
General intangiblesContraband
Res in se
A minor is held to the same duty of care as an adult when driving a car.True
False
When a business detains a suspected shoplifter it must be careful not to commit the tortof
Invasion of privacy Nuisance
False imprisonment Disparagement
In a product liability case, defendant manufacturer can use as a defense the plaintiff'sfailure to disco
the defect in the product.
True False
Absent a special relationship, one person has no legal duty to warn or rescue another.True
False
The doctrine of negligence per se applies in which of the following cases?
Defendant surgeon left a sponge in a patient
Defendant driver caused a car accident by running a red light Defendant accountants have joint and
several liability in tort casesPlaintiff voluntarily assumed the risk of the injury he suffered.
Which of the following statements is true about the use of the reasonable personstandard in neglige
cases?
The reasonable person is presumed to have a minimum level of knowledge andcommon sense.
The reasonable person of the standard takes on the physical characteristics of thedefendant.
The standard of care for the reasonable person would be less stringent in emergencysituations.
All of the above are true statements.
In negligence per se cases, the injury that the plaintiff suffers must be the same type ofinjury that a
statute was intended to prevent.
True False
Another term for punitive damages is damages.
Inculpatory ExculpatoryExemplary Criminal
, The negligence doctrine that most favors the defendant is
Contributory negligence Comparative negligenceRes ipsa loquitur Negligence per se
Traditionally landowners owe the highest duty of care to
Trespassers Invited guests Family members Business invitees
Company A has entered into a contract to acquire Company B. Hearing of this, Company C offers t
acquire Company B for more money and to indemnify the directorsof Company B for any damages
resulting from its breaching its contract with Company
A. Company A can sue Company C for the tort of
Breach of contractTrespass
Interference with contractual relations Interference with prospective advantage
To be liable for trespass to land a person must know that the property belongs toanother.
True False
Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff ifthe plaintiff w
and nothing if the plaintiff loses, are fees.
CompensatoryContingent Exemplary Per Diem
Assume that plaintiff was 60 percent responsible for his own injuries. He would be able to recover th
percent of his injuries caused by the negligent defendant if the state which hears the case follows th
doctrine of .
Contributory negligence
Modified comparative fault negligencePure comparative fault negligence Situs negligence
Assumption of the risk is an element of negligence that must be proved by the plaintiff.True
False
Early cases of strict liability dealt primarily with liability for dangerous animals orabnormally dangero
activities.
True False
Willful and wanton misconduct or conscious disregard for the safety of othersconstitutes negligence
Slight OrdinaryGross Per se
The negligence committed by a professional, such as a doctor or a lawyer, in theconduct of his
profession is .
BAILEY 2024
Which of the following describes the duty of a landowner to a trespasser under thecommon law?
The duty to warn of obvious dangersThe duty to warn of hidden dangers
The duty not to entrap the trespasser on the premises
The duty to make certain that the premises are absolutely safe
The doctrine that creates a rebuttable presumption that a defendant was negligentbased on the natu
and circumstances of the injury is
Res ipsa loquitur
Negligence per se
Malpractice
Contributory negligence
Juries use the "but for" test (i.e. "but for the negligent act of the defendant would the plaintiff have b
injured") to decide if the requirement of is met.
Probable cause
Actual cause
Proximate cause
Reasonable cause
Which of the following could be argued by the defendant in a product liability casebased on strict lia
to limit the dollar amount of the damages awarded to the plaintiff?
The product was based on state of the art design.
The manufacturer exercised all reasonable care in the manufacture of the product.The user was ca
or misused the product.
All of the above can be pled to reduce damages.
The damages that are awarded to a victim to make the victim "whole" are
damages.
Punitive CompensatoryNominal Consequential
There are no defenses available to a defendant manufacturer in market share liabilitycases
True False
,The legal classification for all property that is not real property is .
Chattel
General intangiblesContraband
Res in se
A minor is held to the same duty of care as an adult when driving a car.True
False
When a business detains a suspected shoplifter it must be careful not to commit the tortof
Invasion of privacy Nuisance
False imprisonment Disparagement
In a product liability case, defendant manufacturer can use as a defense the plaintiff'sfailure to disco
the defect in the product.
True False
Absent a special relationship, one person has no legal duty to warn or rescue another.True
False
The doctrine of negligence per se applies in which of the following cases?
Defendant surgeon left a sponge in a patient
Defendant driver caused a car accident by running a red light Defendant accountants have joint and
several liability in tort casesPlaintiff voluntarily assumed the risk of the injury he suffered.
Which of the following statements is true about the use of the reasonable personstandard in neglige
cases?
The reasonable person is presumed to have a minimum level of knowledge andcommon sense.
The reasonable person of the standard takes on the physical characteristics of thedefendant.
The standard of care for the reasonable person would be less stringent in emergencysituations.
All of the above are true statements.
In negligence per se cases, the injury that the plaintiff suffers must be the same type ofinjury that a
statute was intended to prevent.
True False
Another term for punitive damages is damages.
Inculpatory ExculpatoryExemplary Criminal
, The negligence doctrine that most favors the defendant is
Contributory negligence Comparative negligenceRes ipsa loquitur Negligence per se
Traditionally landowners owe the highest duty of care to
Trespassers Invited guests Family members Business invitees
Company A has entered into a contract to acquire Company B. Hearing of this, Company C offers t
acquire Company B for more money and to indemnify the directorsof Company B for any damages
resulting from its breaching its contract with Company
A. Company A can sue Company C for the tort of
Breach of contractTrespass
Interference with contractual relations Interference with prospective advantage
To be liable for trespass to land a person must know that the property belongs toanother.
True False
Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff ifthe plaintiff w
and nothing if the plaintiff loses, are fees.
CompensatoryContingent Exemplary Per Diem
Assume that plaintiff was 60 percent responsible for his own injuries. He would be able to recover th
percent of his injuries caused by the negligent defendant if the state which hears the case follows th
doctrine of .
Contributory negligence
Modified comparative fault negligencePure comparative fault negligence Situs negligence
Assumption of the risk is an element of negligence that must be proved by the plaintiff.True
False
Early cases of strict liability dealt primarily with liability for dangerous animals orabnormally dangero
activities.
True False
Willful and wanton misconduct or conscious disregard for the safety of othersconstitutes negligence
Slight OrdinaryGross Per se
The negligence committed by a professional, such as a doctor or a lawyer, in theconduct of his
profession is .
