Question 1

 

A product liability case can allege a cause of action based on all of the following except                 

Intentional tort                

Strict liability                      

Negligence                        

Breach of warranty

5 points  

 

Question 2

Negligence per se applies when:                             

The plaintiff misuses a product 

A defendant violates a statute resulting in harm to the plaintiff                 

A defendant causes both physical and emotional harm                 

A product injures a plaintiff due to a defective warning

5 points  

Question 3

Which of the following is not a requirement for a case to be filed as a class action:                           

The class is so numerous that joinder of all members is impracticable                     

More than 50 plaintiffs or defendants are involved                         

The claims of the representative parties ar typical of the other members of the class                     

Questions of law or fact common to the class

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Question 4

Caveat Emptor means:                 

Let the superior respond                             

The cave is empty                           

Buyer beware                  

The thing speaks for itself

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Question 5

A product liability case for negligence may be based on all of the following except:                          

Design                 

Warning                              

Manufacture                    

Improper use

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Question 6

A warranty case is most similar to a:       

Breach of contract case                

Negligence case                              

Criminal case                     

Intentional tort case

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Question 7

Which of the following is most likely to be classified as a "Product"?                        

Human blood                    

Repair services                 

A hair dryer                       

A house

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Question 8

A direct contractual relationship is referred to as:                            

Privity                  

Charity                 

Caveat                 

Piracy

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Question 9

The type of case that allows a plaintiff to hold a seller of products liable for injury without proof of fault is called:                               

Negligence                        

Breach of warranty                        

Strict liability                      

Intentional tort

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Question 10

Res ipsa loquitur means:              

Liability without proof of damages                          

Let the employer respond                          

The thing speaks for itself                           

Causation is not proven

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Question 11

Regulation of defective products occurs through legislation, market demands and insurance constraints. What other regulatory constraint offers an implied regulation for defective products?                           

Veto power of the President                     

Lobbyists on Capital Hill                

Magnuson Moss Act                      

Product liability lawsuits

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Question 12

Strict Liability in product liability law protects product users and imposes obligations on manufacturers and sellers to provide reasonably safe products. To impose liability, the focus is on the product. Which theory is NOT the basis for strict liability in torts involving products?                              

intentional infliction of emoitional distress                          

design defect

               

manufacturing defect                   

warning defect

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Question 13

In a products liability case, it is important to track the chain of possession to:      

help identify all possible defendants                      

file class actions                               

find other similar defective products                     

gather fingerprints

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Question 14

Spoilation is the destruction of evidence. Which of the following statements is (are) false?                         

The remedies for spoliation are an evidentiary inference, sanctions, dismissal of the Plaintiffs complaint                              

Spoilation is just a made up tort for a cry baby plaintiff's attorneys who lose their case because they have no evidence                            

Spoilation can involve the concealment, alteration or destruction of evidence                   

Spoilation is a tort

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Question 15

Products liability and medical malpractice complaints generally must allege which of the following?         

Property damage                            

Bad Intent                          

Negligence                        

Causation

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Question 16

A physician has a voluntary duty to treat a patient; it is like a contract, however, a physician is not under a mandated duty to accept a particular patient for treatment purposes. Under those restrictions, once a physician patient relationship is established, when can it be terminted?                   

Upon non-payment                       

With a court order                          

Reasonable notice by the patient or doctor                        

By the patient only

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Question 17

Informed consent by the patient to allow medical treatment is required to be made:                     

Orally or written                              

Written only                      

Orally only                          

Is implied once doctor examines the patient

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Question 18

In general, a patient's medical information cannot be released without patient authorization. The exception is:                

never                   

when treating a communicable disease or abuse                             

always                 

at the discretion of the physician

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Question 19

The doctor patient relationship ensues. The patient suffers an embarassing event at the hands of the doctor who touches the patient in an inappropriate manner. Which of the following statements are NOT true?                         

There is not enough evidence to prove that a crime was committed                       

An ethical violation occurred which may result in an investigation by the state Department of Health      

A civil lawsuit can be initiated for damages          

Nothing because the doctor is more credible than the patient and whatever the doctor says is the standard of care is always true because they are experts in their field

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Question 20

The standard of care to which physicians are held accountable when treating patients is as follows:                        

Conforms to the education, training and skill of other members of their profession                         

Is determined by the jury                           

Is set forth by the Department of Health                             

Conforms to the policy and procedures of the medical facility for which they are employed and their professional services committee