Reference no: EM133277218
QUESTION 1
A defendant can decide whether to proceed under a defense of comparative or contributory negligence.
True
False
QUESTION 2
A part-time employee is an independent contractor.
True
False
QUESTION 3
A person invited onto the land is known as an invitee.
True
False
QUESTION 4
An issue in calculating damages in medical malpractice cases is when a plaintiff is in some way already injured when she goes to the medical professional.
True
False
QUESTION 5
Contributory negligence benefits corporate America.
True
False
QUESTION 6
Dillon holds that a relative who is not at an accident scene cannot recover for emotional distress.
True
False
QUESTION 7
If a plaintiff dies, medical malpractice must have been involved.
True
False
QUESTION 8
If a plaintiff is at all at fault, she cannot recover under comparative negligence.
True
False
QUESTION 9
If a state is a comparative negligence state, the doctrine of last clear chance does not normally apply.
True
False
QUESTION 10
If an adult with all his mental facilities does not want life saving treatment and is able to verbally express that desire, a doctor who treats the patient anyway will be liable for battery.
True
False
QUESTION 11
If an employee injures a plaintiff while on the job, the employer may also be liable to the plaintiff.
True
False
QUESTION 12
Under the therapeutic exception, if a person is not conscious and is unable to give consent in an emergency, then consent does not need to be obtained.
True
False
QUESTION 13
To be found liable under the doctrine of contributory negligence, the plaintiff has to have been the proximate cause of his injuries.
True
False
QUESTION 14
The defendant must prove last clear chance.
True
False
QUESTION 15
Statutes of limitations start running when the plaintiff is injured except in some cases of medical malpractice.
True
False
QUESTION 16
Specialists are expected to maintain national levels of expertise in their fields.
True
False
QUESTION 17
Plaintiffs injured by medical professionals who are not working at the time of injury can still sue medical professionals under a medical malpractice theory.
True
False
QUESTION 18
Paralegals can have their names on the firm's letterhead.
True
False
QUESTION 19
Most states follow the principles of contributory negligence.
True
False
QUESTION 20
Landowners must child proof their properties.
True
False
QUESTION 21
Katko v. Briney held that property owners should not use deadly force to protect property.
True
False
QUESTION 22
In Li v. Yellow Cab, the court was persuaded by how many states had already switched to comparative negligence.
True
False
QUESTION 23
If the patient is facing a life-threatening injury, it is not necessary to obtain informed consent.
True
False
QUESTION 24
North Carolina is a contributory negligence state.
True
False
QUESTION 25
Lack of intent is a defense to negligence.
True
False