High-Cal Restaurant fails to warn customers that they must step down when entering a back dining room. High-Cal's negligence would be considered:
a. An act of omission.
b. An act of commission.
c. Nonfeasance.
d. Both a and c.
Q. 2BigCo is still considering softening its position. A former justice of the jurisdiction's Supreme Court has recently retired. The former justice is highly respected by both BigCo and its counsel as well as by the plaintiff and plaintiff's counsel. Both sides would like to know what this former justice thinks of their case. BigCo's attorney will likely recommend:
a. Baseball Arbitration.
b. Mediation.
c. Neutral Evaluation.
d. None of the above.
Q. 3In a negligence suit, one of the hotly-contested issues in the case is the element of duty. This will be decided by:
a. The jury.
b. Both the judge and the jury in a joint meeting.
c. The judge.
d. The judge will determine if the judge or the jury will decide the issue.
Q. 4A losing plaintiff was heard to say: The judge threw out my negligence case.. The plaintiff likely meant:
a. The judge decided as a matter of law that the plaintiff had failed to prove an essential element of negligence.
b. The plaintiff's attorney offended the judge.
c. The judge threw the plaintiff's file in the waste basket.
d. The jury returned an adverse verdict to the plaintiff.
Q. 5Under the reasonable person standard, the defendant's conduct will be judged by:
a. The credibility of defendant's testimony that he really believed he was doing the proper thing at the time.
b. How a hypothetical reasonable person of ordinary prudence would have acted.
c. The local custom in the community.
d. Evidence submitted of perfect conduct and how close or how far defendant's conduct fell from that perfect conduct.
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