If the court finds that the jury lacked enough evidence to arrive at a verdict, then the court will agree to a motion by a losing party for a new trial.
Indicate whether the statement is true or false
Q. #2The plaintiff is not paying attention and walks into an open elevator shaft. The plaintiff will be
able to recover for some of the plaintiff's damages under a theory
A) comparative negligence B) assumption of the risk
C) avoidable accident D) contributory negligence
Q. #3A request for discovery can include having the plaintiff receive an examination by an independent medical examiner.
Indicate whether the statement is true or false
Q. #4When a plaintiff's inattention lead to the defendant's accidental injuring of the plaintiff, the
defendant will be able to avoid liability under the doctrine of
A) assumption of the risk B) contributory negligence
C) last clear chance D) comparative contribution
Q. #5During a severe snowstorm, a bartender escorts out some obviously drunk patrons at closing time.
All but one heads off to shelter; that patron is drunk enough as to stumble into a snowbank and passes
out. The patron dies. When the family of the patron sues the bar, the bar claims that it should not have
to pay damages because the patron's failure to exercise due care constituted contributory negligence.
What doctrine could the family seek to apply so as to get an award for damages?
A) avoidable consequences B) knowledge of peril
C) inattentive plaintiff D) last clear chance
Q. #6To hold a defendant liable in negligence, the plaintiff has to show that
A) defendant's actions resulted in damages
B) defendant did not intend to cause harm
C) defendant's breach of duty of care was due to a mistake
D) defendant was mistaken about whether a duty of care was required