Negligence: A Comprehensive Guide for Law and Public Policy Students

Question 1

Which of the following is NOT an element of negligence?

Accepted Answer

Remoteness of damages

Answer

Duty to exercise reasonable care

Answer

Breach of duty

Answer

Proximate cause

Question 2

What is the key distinction between contributory negligence and comparative negligence?

Accepted Answer

Contributory negligence bars any recovery, while comparative negligence allows for reduced recovery.

Answer

Comparative negligence bars any recovery, while contributory negligence permits reduced recovery.

Answer

Contributory negligence relates to intentional torts, while comparative negligence applies to negligent torts.

Answer

Comparative negligence relates to intentional torts, while contributory negligence pertains to negligent torts.

Question 3

What is the purpose of the "but-for" test in proving causation?

Accepted Answer

To prove that the plaintiff's injuries would not have happened without the defendant's actions

Answer

To demonstrate that the defendant's actions were the sole cause of the plaintiff's injuries

Answer

To establish that the defendant's actions were a significant contributing factor to the plaintiff's injuries

Answer

To determine that the defendant's actions were the direct and immediate cause of the plaintiff's injuries

Question 4

Which of the following best illustrates a situation involving res ipsa loquitur?

Accepted Answer

A pedestrian injured by a falling brick from a building

Answer

A car accident caused by a sudden tire blowout

Answer

A patient who develops an infection after surgery

Answer

A kitchen fire that breaks out in a restaurant

Question 5

What is the best definition of a duty of care?

Accepted Answer

A legal responsibility to behave reasonably towards others to prevent harm.

Answer

A violation of a legal obligation owed to another person.

Answer

Damage sustained by an individual due to another person's actions.

Question 6

Which of the following is NOT an essential element of negligence in common law jurisdictions?

Accepted Answer

Contributory negligence

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 7

In order to establish negligence, the plaintiff must demonstrate that the defendant owed them a:

Accepted Answer

Legal duty of care

Answer

Statutory obligation

Answer

Moral obligation

Answer

Contractual duty

Question 8

Which of the following is NOT a common example of a breach of duty in a negligence case?

Accepted Answer

Intentional harm

Answer

Negligently misrepresenting a fact

Answer

Breaching a statutory regulation

Answer

Failing to maintain a safe premises

Question 9

In a negligence case, the burden of proof lies on the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Jury

Answer

Judge

Question 10

Causation in negligence is typically established through the:

Accepted Answer

But-for test and the proximate cause test

Answer

Eggshell plaintiff rule

Answer

Sudden emergency rule

Answer

Foreseeability test

Question 11

In most jurisdictions, a successful plaintiff in a negligence lawsuit may be awarded:

Accepted Answer

Compensatory damages

Answer

Rescission

Answer

Injunction

Answer

Specific performance

Question 12

The duty of care requires an individual to:

Accepted Answer

Act reasonably under the circumstances.

Answer

Take extraordinary measures to prevent harm

Answer

Avoid any and all potential harm

Answer

Guarantee the safety of others

Question 13

Which factor is irrelevant in determining the reasonable person standard?

Accepted Answer

The defendant's personal attributes

Answer

The severity of the potential harm

Answer

The foreseeable risk

Answer

The customs of the industry

Question 14

In the context of negligence, causation refers to:

Accepted Answer

The causal link between the defendant's conduct and the plaintiff's injury

Answer

The defendant's intent to cause harm

Answer

The plaintiff's contributory fault

Question 15

An example of a breach of duty would be:

Accepted Answer

A doctor's failure to diagnose a patient's illness accurately

Answer

A pedestrian being struck by a car while crossing the street

Answer

A plaintiff experiencing an allergic reaction to a product

Question 16

Comparative negligence:

Accepted Answer

Permits a plaintiff to recover damages even if they share responsibility for their injury.

Answer

Precludes a plaintiff from recovery if they bear any degree of fault

Answer

Requires a plaintiff to prove the defendant was exclusively liable for their injury

Question 17

The assumption of risk defense arises when:

Accepted Answer

A plaintiff knowingly and voluntarily engages in an activity with inherent risks.

Answer

A defendant breaches their duty of care, but the plaintiff's actions contribute to their injury

Answer

A plaintiff fails to take reasonable precautions to avoid harm

Question 18

Punitive damages in a negligence case serve to:

Accepted Answer

Penalize the defendant for egregious conduct and deter similar behavior in the future.

Answer

Cover the plaintiff's lost income

Answer

Compensate the plaintiff for their legal expenses

Question 19

Which of the following is NOT an essential element of negligence?

Accepted Answer

Intent

Answer

Causation

Answer

Duty of care

Answer

Breach of duty

Question 20

In a negligence lawsuit, the plaintiff bears the burden of proving that the defendant:

Accepted Answer

Breached their duty of care

Answer

Was aware of the risk but chose to ignore it

Answer

Intended to cause harm

Answer

Failed to prevent the harm from occurring

Question 21

Which type of damages aims to compensate the victim for actual losses incurred as a result of the negligence?

Accepted Answer

Compensatory damages

Answer

Injunctive relief

Answer

Nominal damages

Answer

Punitive damages

Question 22

In determining a defendant's liability in a negligence case where an injury occurred due to an unsafe condition, which factor typically plays a significant role?

Accepted Answer

Foreseeability of the risk

Answer

Availability of insurance coverage

Answer

Contributory negligence of the victim

Answer

Prior experience with similar incidents

Question 23

Which scenario does NOT illustrate a breach of duty of care?

Accepted Answer

A driver exercising reasonable caution in adverse weather conditions

Answer

A doctor failing to diagnose a patient's condition due to lack of knowledge

Answer

A construction company using substandard materials in a building project

Question 24

In the context of negligence, contributory negligence refers to:

Accepted Answer

The victim's own actions that contributed to their injuries

Answer

The plaintiff's failure to mitigate their damages

Answer

The defendant's negligence in failing to prevent the harm

Question 25

Which of the following is a frequently encountered form of negligence in the medical profession?

Accepted Answer

Misdiagnosis

Answer

Battery

Answer

Assault

Answer

Fraud

Question 26

Which of the following is NOT an element of negligence?

Accepted Answer

Intentional Conduct

Answer

Duty of Care

Answer

Causation

Answer

Damages

Question 27

Which type of damages compensates the plaintiff for the non-economic losses, such as pain and suffering, caused by the defendant's negligence?

Accepted Answer

General Damages

Answer

Punitive Damages

Answer

Special Damages

Answer

Nominal Damages

Question 28

The "but-for" test is used to determine which of the following elements of negligence?

Accepted Answer

Cause-in-fact

Answer

Standard of care

Answer

Duty of care

Answer

Proximate cause

Question 29

The doctrine of contributory negligence:

Accepted Answer

Bars recovery if the plaintiff's own negligence caused the accident.

Answer

Shifts the burden of proof to the defendant.

Answer

Allows the plaintiff to recover damages even if they were partially at fault.

Question 30

Which of the following is NOT a duty owed by landowners to invitees?

Accepted Answer

Duty to Repair

Answer

Duty to Warn

Answer

Duty to Protect

Answer

Duty to Inspect

Question 31

The term "negligence per se" refers to:

Accepted Answer

Conduct that is established by statute or regulation as negligent.

Answer

Conduct that is intentional.

Answer

Conduct that is considered extremely reckless.

Question 32

The main purpose of punitive damages in negligence cases is to:

Accepted Answer

Punish the defendant for extreme misconduct and deter similar behavior.

Answer

Reduce the defendant's financial burden.

Answer

Compensate the plaintiff for their economic losses.

Question 33

Which of the following is NOT an element of negligence?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Question 34

Which of the following is considered an objective standard of care?

Accepted Answer

The reasonable person standard

Answer

The child standard

Answer

The subjective standard

Answer

The professional standard

Question 35

Causation in fact refers to:

Accepted Answer

The actual cause of the plaintiff's harm.

Answer

The intentional cause of the plaintiff's harm.

Answer

The proximate cause of the plaintiff's harm.

Answer

The legal cause of the plaintiff's harm.

Question 36

Proximate cause is a legal concept that:

Accepted Answer

Limits the defendant's liability for harm that was caused by their negligence.

Answer

Establishes the defendant's duty of care to the plaintiff.

Answer

Determines the appropriate remedy for the plaintiff's harm.

Question 37

Which of the following is a common defense to a negligence claim based on assumption of risk?

Accepted Answer

The plaintiff voluntarily and knowingly exposed themselves to the risk of harm.

Answer

The defendant did not intend to cause harm to the plaintiff.

Answer

The defendant was under no legal duty to protect the plaintiff from harm.

Question 38

In a comparative negligence jurisdiction,:

Accepted Answer

The plaintiff's damages may be reduced in proportion to their own negligence.

Answer

The defendant is automatically liable for any negligence that contributed to the plaintiff's harm.

Answer

The plaintiff cannot recover damages if their negligence contributed to their own injuries.

Question 39

Which of the following is NOT an element of negligence?

Accepted Answer

Intentional Conduct

Answer

Duty of care

Answer

Breach of duty

Question 40

Negligence per se is a type of negligence that arises when:

Accepted Answer

The defendant violates a statute or regulation

Answer

The defendant's conduct is grossly negligent

Answer

The defendant acts with reckless disregard

Answer

The plaintiff is unable to prove specific acts of negligence

Question 41

In a negligence case, the burden of proof lies with the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge

Answer

Jury

Question 42

Which of the following is a key difference between negligence and intentional torts?

Accepted Answer

Intent

Answer

Duty of care

Answer

Defenses

Answer

Damages

Question 43

The concept of proximate cause in negligence refers to:

Accepted Answer

The causal connection between the defendant's conduct and the plaintiff's injuries

Answer

The foreseeability of the plaintiff's injuries

Answer

The defendant's intent to cause harm

Question 44

Which of the following factors is NOT considered in determining the standard of care?

Accepted Answer

Personal wealth

Answer

Surrounding circumstances

Answer

Industry standards

Answer

Professional training

Question 45

Negligence arises from:

Accepted Answer

Acts or omissions that fail to meet a reasonable standard of care

Answer

Omissions only

Answer

Acts only

Question 46

In a negligence lawsuit, which element is demonstrated when a homeowner fails to clear ice from their sidewalk, causing a pedestrian to slip and injure themselves?

Accepted Answer

Breach of duty

Answer

Damages

Answer

Duty of care

Answer

Causation

Question 47

The 'reasonable person' standard in negligence law means:

Accepted Answer

The hypothetical standard of care expected of a reasonable person in similar circumstances

Answer

The defendant's individual capacity and experience

Answer

The average person's ability to understand legal concepts

Question 48

A doctor fails to diagnose a patient's condition, leading to complications.  Which defense might the doctor raise in a negligence lawsuit?

Accepted Answer

Contributory negligence

Answer

Good Samaritan law

Answer

Statute of limitations

Answer

Assumption of risk

Question 49

A homeowner provides a warning sign about a dangerous step on their property. This action likely relates to which defense in negligence law?

Accepted Answer

Assumption of risk

Answer

Contributory negligence

Answer

Comparative negligence

Answer

Statute of limitations

Question 50

'Proximate cause' in negligence refers to:

Accepted Answer

A direct and foreseeable causal link between the defendant's actions and the plaintiff's injuries

Answer

Any cause that contributes to the plaintiff's injuries

Answer

The plaintiff's own negligence contributing to their injuries

Question 51

Negligence per se occurs when:

Accepted Answer

A statute or regulation is violated, directly leading to the plaintiff's injuries

Answer

The defendant acts with reckless disregard for the plaintiff's safety

Answer

The plaintiff's injuries were caused by a natural disaster

Question 52

A driver speeds through a red light and causes a collision. This scenario is likely to be categorized as:

Accepted Answer

Gross negligence

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Ordinary negligence

Question 53

Which situation is LEAST likely to involve a duty of care?

Accepted Answer

A passerby witnessing a stranger being robbed

Answer

A doctor treating a patient

Answer

A landlord providing safe housing to tenants