Exam 2 (2)

Question 1

List the elements of Negligence as discussed in the lecture

Answer 1

• Duty to care
• Breach of duty
• Injury
• Causation

Question 2

Mr. Smith walks into an emergency room at a county hospital because his right arm is broken with the bone protruding through the skin… there is a clear case of battery against the LPN: true or false?

Answer 2

True

Question 3

Mr. Smith walks into an emergency room at a county hospital because his right arm is broken with the bone protruding through the skin… Mr. Smith has a cause of action against the physician for slander: true or false?

Answer 3

False

Question 4

Mr. Smith walks into an emergency room at a county hospital because his right arm is broken with the bone protruding through the skin… Mr. Smith has a cause of action against the LPN for false imprisonment: true or false?

Answer 4

False

Question 5

Provide the definition of tort as discussed in the lecture

Answer 5

A civil wrong which the law provides a remedy

Question 6

Do you have the legal duty to assist a stranger who falls in front of you on the sidewalk and injures themselves? Answer true if yes and Answer false if no.

Answer 6

False

Question 7

Would a physician be liable for negligence if he fails to provide medical assistance to a stranger who falls and injures himself on the sidewalk in front of the physician? Answer true if yes and answer false if no.

Answer 7

False

Question 8

Deviation from the “standard to care” is considered a breach of duty, relative to the tort of negligence. True or False?

Answer 8

True

Question 9

A surgeon may preform a surgery in a completely new, novel and untested manner, thus, deviating from the standard of care and still not be liable for negligence if the patient does not suffer injury from the surgery.

Answer 9

True

Question 10

Assumption of the risk is knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur.

Answer 10

True

Question 11

A lawsuit which alleges fraud by the defendant may be successful if the plaintiff provides evidence that the defendant made a false statement, known by the defendant to be false at the time it was made, and it was made for the purpose of inducing the plaintiff to act in reliance theron, then the plaintiff acted in reliance on the correctness of the statement, but there is no damage to the plaintiff caused by the plaintiff’s acting in the reliance upon the defendant’s statement.

Answer 11

False

Question 12

Which of the following is NOT an element of intentional infliction of emotional distress?

Answer 12

The emotional distress caused physical injury to the plaintiff

Question 13

Truth is a defense to claim of defamation.

Answer 13

True

Question 14

No evidence of an intent to cause harm is necessary to prove tort of battery.

Answer 14

True

Question 15

Assault is defined as:

Answer 15

A deliberate threat coupled with the apparent present ability to do physical harm to another

Question 16

A man may be liable for fraud if he makes an untrue statement, but he did not know the statement was untrue when he made it, then someone acted in reliance on his statement and was damaged by their reliance on that statement.

Answer 16

False

Question 17

Regarding legal negligence, foreseeability is used to analyze the existence of the elements of causation, as well as duty.

Answer 17

True

Question 18

A duty to care, relative to the law of negligence, may arise from or be created by:

Answer 18

A statute

Question 19

To prove a claim for battery the plaintiff must produce evidence of harmful or offensive touching of the plaintiff’s body.

Answer 19

True

Question 20

A “duty to care”, relative to a claim of negligence, can never be established or imposed on a person based solely on the relationship of the parties.

Answer 20

False

Question 21

The term used to define the spoken form of defamation is:

Answer 21

Slander

Question 22

A person may be liable for false imprisonment if he/she attempts to prevent another person from leaving a room by standing outside the open door with a sword in hand, pointing the sword at the opening of the door and telling the person in the room that they cannot leave the room.

Answer 22

True

Question 23

A “statute of limitations” refers to a statute that limits the time in which a defendant must answer a complaint.

Answer 23

False

Question 24

Res Ispa Loquitur means:

Answer 24

The thing speaks for itself

Question 25

As part of what a plaintiff must prove to recover for damages for false imprisonment, he must be aware of the confinement and have no reasonable means of escape. True or false?

Answer 25

True

Question 26

A woman may be liable for the tort of assault if she swings a sword which passes inches from a sleeping man’s face, then runs from the room.

Answer 26

False

Question 27

Contributory negligence occurs when a person does not exercise reasonable care for his or her own safety, thus contributing to his or her own injury.

Answer 27

True

Question 28

If a person is restrained and physically bound to his bed, while he is unconscious, but the restraints are removed before the patient is conscious, the person who applied the restraint may be liable for which of the following torts.

Answer 28

Battery

Question 29

The manufacturers of an anesthesia machine designed and intended the machine to be used to assist in the administration of anesthesia gas during surgery…. the manufacturer of the anesthesia machine could be liable for the injuries under which of the following theories or claims?

Answer 29

Strict liability

Question 30

In order to prove the tort of assault there must be evidence of bruising, red marks or other indications of physical contact on the victim/plaintiff. true or false?

Answer 30

False

Question 31

The theory of Res Ispa Loquitur could be invoked during a trial based on evidence that a man was admitted to a hospital with no burns on his buttocks and 22 hours later, after having been in no other place and under the direct care of the hospital, has burns on his buttocks where a heating pad had been placed. true or false?

Answer 31

True

Question 32

The tort of false imprisonment must include evidence of actual touching of the plaintiff by the defendant, such as but not limited to restraining the plaintiff with handcuffs or rope, etc.

Answer 32

False