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
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
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
Question 4
Caveat Emptor means:
Let the superior respond
The cave is empty
Buyer beware
The thing speaks for itself
Question 5
A product liability case for negligence may be based on all of the following except:
Design
Warning
Manufacture
Improper use
Question 6
A warranty case is most similar to a:
Breach of contract case
Negligence case
Criminal case
Intentional tort case
Question 7
Which of the following is most likely to be classified as a "Product"?
Human blood
Repair services
A hair dryer
A house
Question 8
A direct contractual relationship is referred to as:
Privity
Charity
Caveat
Piracy
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
Question 10
Res ipsa loquitur means:
Liability without proof of damages
Let the employer respond
The thing speaks for itself
Causation is not proven
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
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
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
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
Question 15
Products liability and medical malpractice complaints generally must allege which of the following?
Property damage
Bad Intent
Negligence
Causation
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
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
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
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
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