RMI 4224 Exam 2 questions and answers
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Which of the following is an element of negligence that must be present in order to successfully
establish negligence against an individual or organization?
A) Legal duty owed.
B) Breach of legal duty.
C) Proximate cause.
D) Damages.
E) All of the above. - correct answer ✔✔E) All of the above.
Tom and Jerry go to a bar together to watch the Super Bowl. They drink six craft beers each
during the game. At the end of the game, Tom offers to drive Jerry home. Despite having both
the Uber and Lyft apps on his smart phone, Jerry accepts Tom's offer of a ride home. A short
time after leaving the bar, an intoxicated Tom drives off the road and hits a tree. Jerry suffers a
broken right ankle and facial abrasions as a result of the passenger side airbag deploying.
Jerry retains an attorney and files suit against Tom for bodily injuries sustained as a result of
Tom's negligence. What is Tom's best legal defense to Jerry's bodily injury lawsuit?
A) Jerry had the last clear chance to avoid getting injured
B) Jerry assumed the risk of accepting a ride home from an intoxicated Tom
C) A bailor-bailee relationship existed between Tom and Jerry
D) Jerry violated the state's Dram Shop Act by drinking beer for several hours - correct answer
✔✔B) Jerry assumed the risk of accepting a ride home from an intoxicated Tom
,Barbara and Jennifer are both driving eastbound on Gaines Street in separate vehicles on their
way to Doak Campbell Stadium to watch the FSU v. Miami game. Barbara's vehicle is directly in
front of Jennifer's car. Barbara comes to complete stop at a red light; unfortunately, Jennifer
wasn't maintaining a proper lookout and tapped the rear bumper of Barbara's Honda Accord
with the front bumper of her Toyota Camry. Since it was a very minor accident and both drivers
agreed neither vehicle was damaged as a result of this accident, Barbara and Jennifer didn't call
the police and headed to the football game.
Two months later, Jennifer was surprised to learn she had been sued by Barbara as a result of
this very minor impact auto accident that resulted in no damage to either vehicle. Jennifer's
best chance to get this case dismissed is to argue Barbara is unable to prove this required
element of a negligence cause of action - correct answer ✔✔C) Barbara's vehicle didn't sustain
any damage as a result of Jennifer's negligence
Tom and Jerry are next door neighbors. One night, a tornado touched down in their
neighborhood causing a tree on Tom's property to fall onto the roof of Jerry's home. Jerry files
suit against Tom for the damage to Jerry's home caused by Tom's fallen tree. What is Tom's best
defense to the lawsuit filed by Jerry?
A) Contributory negligence.
B) Comparative negligence.
C) Assumption of risk.
D) Act of God/Nature. - correct answer ✔✔D) Act of God/Nature.
What is the legal concept that limits the amount of time a plaintiff has to initiate a lawsuit for
negligence against a person the plaintiff contends caused the plaintiff's injuries/damages?
A) Statute of limitations.
B) Statute of perpetuities.
C) Statute of liberty.
D) Statute of frauds. - correct answer ✔✔A) Statute of limitations.
, An employer can be held legally liable for the negligent acts of their employee while the
employee is in the course and scope of their employment. This is an example of what theory of
liability?
A) Joint and several liability.
B) Vicarious liability.
C) Absolute liability.
D) Strict liability. - correct answer ✔✔B) Vicarious liability.
Compensatory damages include which of the following?
A) Special damages.
B) General damages.
C) Punitive damages.
D) A & B only.
E) A, B & C. - correct answer ✔✔D) A & B only.
Punitive damages are intended to achieve which of the following objective(s)?
A) Compensate the victim for their economic and non-economic damages
B) Punish the individual or organization responsible for the plaintiff's injuries
C) To deter the plaintiff (and others) from engaging in similar willful misconduct in the future.
D) B & C only
E) A, B & C - correct answer ✔✔D) B & C only
Examples of special damages include all of the following EXCEPT:
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Which of the following is an element of negligence that must be present in order to successfully
establish negligence against an individual or organization?
A) Legal duty owed.
B) Breach of legal duty.
C) Proximate cause.
D) Damages.
E) All of the above. - correct answer ✔✔E) All of the above.
Tom and Jerry go to a bar together to watch the Super Bowl. They drink six craft beers each
during the game. At the end of the game, Tom offers to drive Jerry home. Despite having both
the Uber and Lyft apps on his smart phone, Jerry accepts Tom's offer of a ride home. A short
time after leaving the bar, an intoxicated Tom drives off the road and hits a tree. Jerry suffers a
broken right ankle and facial abrasions as a result of the passenger side airbag deploying.
Jerry retains an attorney and files suit against Tom for bodily injuries sustained as a result of
Tom's negligence. What is Tom's best legal defense to Jerry's bodily injury lawsuit?
A) Jerry had the last clear chance to avoid getting injured
B) Jerry assumed the risk of accepting a ride home from an intoxicated Tom
C) A bailor-bailee relationship existed between Tom and Jerry
D) Jerry violated the state's Dram Shop Act by drinking beer for several hours - correct answer
✔✔B) Jerry assumed the risk of accepting a ride home from an intoxicated Tom
,Barbara and Jennifer are both driving eastbound on Gaines Street in separate vehicles on their
way to Doak Campbell Stadium to watch the FSU v. Miami game. Barbara's vehicle is directly in
front of Jennifer's car. Barbara comes to complete stop at a red light; unfortunately, Jennifer
wasn't maintaining a proper lookout and tapped the rear bumper of Barbara's Honda Accord
with the front bumper of her Toyota Camry. Since it was a very minor accident and both drivers
agreed neither vehicle was damaged as a result of this accident, Barbara and Jennifer didn't call
the police and headed to the football game.
Two months later, Jennifer was surprised to learn she had been sued by Barbara as a result of
this very minor impact auto accident that resulted in no damage to either vehicle. Jennifer's
best chance to get this case dismissed is to argue Barbara is unable to prove this required
element of a negligence cause of action - correct answer ✔✔C) Barbara's vehicle didn't sustain
any damage as a result of Jennifer's negligence
Tom and Jerry are next door neighbors. One night, a tornado touched down in their
neighborhood causing a tree on Tom's property to fall onto the roof of Jerry's home. Jerry files
suit against Tom for the damage to Jerry's home caused by Tom's fallen tree. What is Tom's best
defense to the lawsuit filed by Jerry?
A) Contributory negligence.
B) Comparative negligence.
C) Assumption of risk.
D) Act of God/Nature. - correct answer ✔✔D) Act of God/Nature.
What is the legal concept that limits the amount of time a plaintiff has to initiate a lawsuit for
negligence against a person the plaintiff contends caused the plaintiff's injuries/damages?
A) Statute of limitations.
B) Statute of perpetuities.
C) Statute of liberty.
D) Statute of frauds. - correct answer ✔✔A) Statute of limitations.
, An employer can be held legally liable for the negligent acts of their employee while the
employee is in the course and scope of their employment. This is an example of what theory of
liability?
A) Joint and several liability.
B) Vicarious liability.
C) Absolute liability.
D) Strict liability. - correct answer ✔✔B) Vicarious liability.
Compensatory damages include which of the following?
A) Special damages.
B) General damages.
C) Punitive damages.
D) A & B only.
E) A, B & C. - correct answer ✔✔D) A & B only.
Punitive damages are intended to achieve which of the following objective(s)?
A) Compensate the victim for their economic and non-economic damages
B) Punish the individual or organization responsible for the plaintiff's injuries
C) To deter the plaintiff (and others) from engaging in similar willful misconduct in the future.
D) B & C only
E) A, B & C - correct answer ✔✔D) B & C only
Examples of special damages include all of the following EXCEPT:
