Final Exam

6 June 2017

Minerva told Prudence that Prudence could park her farm tractor on Minerva’s land but only for one month. Two months later, Minerva is annoyed because the farm tractor is still on her land; and Prudence refuses to move it. Which of the following causes of action, if any, would Minerva have against Prudence? Answer Selected Answer: Correct Answer: Trespas s Trespas s Question 2 5 out of 5 points Which of the following is not a part of the measure of compensatory damages?

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Answer Selected Answer: Correct Answer: Damages to deter others from engaging in similar conduct. Damages to deter others from engaging in similar conduct. Question 3 5 out of 5 points Under which of the following systems may a plaintiff recover for any amount of the defendant’s negligence, even if the plaintiff was the more negligent party? Answer Selected Answer: Correct Answer: Pure comparative negligence Pure comparative negligence Question 4 5 out of 5 points Under the doctrine of the plaintiffs negligence is an absolute bar to recovery against the defendant.

Answer Selected Answer: Correct contributory negligence Answer: contributory negligence Question 5 0 out of 5 points Which of the following was the result in LabaJ v. VanHouten, the case in the text involving whether in order to find an employer negligent for failing to protect an employee from being attacked by a dog, the dog had to have abnormally dangerous propensities? Answer Selected Answer: That an employer cannot be negligent for failing to protect an employee from getting attached by a dog unless the dog is not known to possess abnormally dangerous propensities.

That an employer can be negligent for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities. Correct Answer: Question 6 5 out of 5 points In which of the following situations would the doctrine of res ipsa loquitur apply? Answer Selected Answer: Correct Register to View Answerpost operative x-ray showed a surgical sponge in your stomach. A post operative x-ray showed a surgical sponge in your stomach.

Question 7 5 out of 5 points Which of the following is the best defense to negligence? Answer Selected Answer: Correct Answer: The plaintiff contributed to his own injuries. The plaintiff contributed to his own injuries. Question 8 5 out ot 5 points The wrongtul interterence witn the right to the quiet use nd enjoyment of land is associated with the tort of Answer Selected Answer: Correct Answer: nuisance . nuisance . Question 9 5 out of 5 points Which of the following was the result in Bodah v. Lakeville Motor Express, Inc. the case in the text involving whether a company violated its employees’ right to privacy by transmitting their names and Social Security numbers to managers in the company in an unsecured manner that could lead to identity theft? Answer Selected Answer: The court ruled that the employees could not proceed with an action for invasion of privacy because no publication of he information at issue occurred. The court ruled that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.

Correct Answer: Question 10 5 out of 5 points Which of the following is the exercise of dominion and control over the personal property, rather than the real property, of another? Answer Selected Answer: Correct Answer: Conversio n Conversio n Question 11 0 out of 5 points Following several injuries, a manufacturer a of chain saw installed an additional safety guard. In a lawsuit based on products liability, hich of the following is the company’s best position in opposition to a plaintiffs efforts to introduce evidence of the modification?

Answer Selected Answer: Correct Answer: Question 12 0 out of 5 points Which of the following was the result in Pliva, Inc. v. Mensing, the case in the text before the U. S. Supreme Court There is no best position because it is well established that the evidence would be admitted. That the modification involved a subsequent remedial measure. involving the issue of whether the federal law requirement that generic drugs must bear the same FDAapproved abels as their brand-name counterparts preempts state law claims for failure to warn?

Answer Selected Answer: That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed. That federal law preempted state law claims for failure to warn. Correct Answer: Question 13 0 out of 5 points Sam wants to sue a book publisher based on strict product liability in tort because he became ill after eating food he prepared based on a book containing information regarding herbs that were safe for consumption. Which of the following is the publisher’s best defense?

Answer Selected Answer: That the injury stemmed from food which is not considered subject to strict liability. Correct Answer: That the information contained in the book was not a good subject to strict liability. Question 14 5 out of 5 points Which of the following is not a rationale of strict product liability? Answer Selected Answer: Correct Answer: Manutacturers should not escape liability simply because they acted negligently as opposed to intentionally. Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally.

Question 15 5 out of 5 points Which state court was the first to adopt the doctrine of strict product liability? Answer Selected Answer: Correct Answer: Californi a. Californi Question 16 5 out of 5 points Which of the following products has traditionally been viewed as “unavoidably unsafe” by the courts? Answer Selected Answer: Correct Answer: Some vaccines Some vaccines Question 17 5 out of 5 points To prove in a product liability case, the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

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