Reference no: EM133835006

Questions

1. In a negligence case, the plaintiff must establish

a. duty, strict liability, causation, and injury.

b. mens rea, breach, foreseeable harm, and injury.

c. duty, actus reus, foreseeable harm, and causation.

d. duty of due care, breach, factual cause, proximate cause, and damages.

2. Anders notices Shiloh appearing to pocket a bracelet in the jewelry department of the store where Anders works as a security guard. Anders takes Shiloh to his office and asks her to empty her pockets. Shiloh does and there is no bracelet. Anders is convinced the bracelet is somewhere on Shiloh's person, so he keeps Shiloh in his office without anything to drink or a restroom break for six hours. Shiloh may sue for

a. assault.

b. false imprisonment.

c. battery.

d. no tort.

3. Annette drove through an intersection without looking and hit Javier's car, which he had driven into the intersection without obeying a stop sign. Annette sued Javier. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette

a. $20,000.

b. $80,000.

c. $100,000.

d. nothing.

4. If a court applies res ipsa loquitur, the

a. plaintiff needs to prove the case by a preponderance of the evidence.

b. plaintiff must prove the case by clear and convincing evidence.

c. defendant has the burden of proving they are not liable.

d. defendant is strictly liable.