Staryer LEG 100 Week 7 Quiz (2)

| August 31, 2016

Instructions This quiz consist of 20 multiple choice questions. The first 10 questions cover the material in Chapter 9. The second 10 questions cover the material in Chapter 10. Be sure you are in the correct Chapter when you take the quiz. Question 1 Under the doctrine of ________, the plaintiff may recover only the proportionate amount of damages attributable to the defendant’s negligence Question 2 In which of the following situations would the doctrine of res ipsa loquitur apply? Question 3 The U.S. Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant, there must be a showing of Question 4 Which of the following does not involve liability for an intentional tort? Question 5 Which of the following is the best defense to negligence? Question 6 The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land. Question 7 What must a plaintiff show to successfully sue for malicious prosecution? Question 8 __________ is the publication of statements derogatory to the quality of the plaintiff’s business, to the business in general or to the plaintiff’s personal affairs in order to discourage others from dealing with him or her? Question 9 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? Question 10 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? Question 11 In regard to successor liability, courts applying the ______ look for constancy between the buyer and seller to determine whether the successor company is essentially a mere continuation or reincarnation of the predecessor entity. Question 12 If a product valuable to society is unavoidably unsafe, the ________ determines whether the dangerous product is also defective. Question 13 Under the doctrine of _________, when a person voluntarily and unreasonably assumes the risk of a known danger, the manufacturer is not liable for any resulting injury. Question 14 Which state court was the first to adopt the doctrine of strict product liability? Question 15 Which of the following is not a rationale of strict product liability? Question 16 Which of the following was the result in Pliva, Inc. v. Mensing, the case in the text before the U.S. Supreme Court involving the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn? Question 17 On a failure to warn claim, adequate warnings and instructions for a product’s safe use can shield a manufacturer from liability for a Question 18 Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit? Question 19 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? Question 20 Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

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