Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

The last-clear-chance doctrinea. mitigates the harshness of the contributorynegligence defense.b. prevents the plaintiff from recovering if both the plaintiff and defendant are inattentive and the defendant fails to discover the danger to the plaintiff because of his inattentiveness.c. prevents the
A plaintiff who assumes the riska. is necessarily negligent.b. can be considered negligent as well as the defendant.c. cannot be considered negligent.d. involuntarily exposes themself to a risk.
Express agreements to accept the risk will usually be enforceda. if they are prepared by common carriers, public utilities, or other regulated industries.b. even if the defendant is the sole or unique provider of a service.c. even if the defendant has unusual bargaining power.d. none of the above.
A waiver of liability will not be enforceda. for intentional torts but will be enforced for willful and wanton or gross negligence.b. unless it is expressed in language that is clear and unequivocal.c. if it does not contain the word“negligence.”d. all of the above.
For a plaintiff to impliedly assume a risk,a. they must be aware of the risk.b. they must voluntarily assume the risk.c. they must have a reasonable choice to do something other than accept the risk.d. all of the above.
The FTCA applies toa. intentional torts committed by law enforcement officials.b. a federal employee’s acts that are considered discretionary.c. a federal employee’s acts that are part of a planning process.d. all of the above.
When sovereign immunity is abolished,a. it is done because courts believe being responsible for the torts of employees is one of the costs of administering a government.b. it is done even though public insurance is not available.c. state tort claims are usually abolished simultaneously.d. all of
Interspousal immunity and parent-child immunity were instituteda. to prevent a flood of litigation.b. out of a concern that allowing such suits would encourage family discord.c. out of a fear of fraudulent suits.d. all of the above.
Statutes of reposea. are usually one to five years long.b. have been found to be constitutionally impermissible.c. tend to increase insurance costs for manufacturers.d. all of the above.
Are all professionals held to a local or national standard of care?
Is it professional negligence by definition if the client experiences a negative outcome?
Is it professional negligence if they choose a course of action that is different from the one that many other professionals would have chosen?
List at least five ways that a professional can commit malpractice.
To what standard of care is a specialist held?National or local?
What does the informed-consent doctrine require doctors to disclose?
What is the difference between a negligence and a battery cause of action based on failure to inform?
What is a plaintiff alleging malpractice required to prove?
Must a plaintiff’s negligence add to or be concurrent with a defendant professional’s negligence for the defendant to be relieved of liability?
What does a professional who decides to allege contributory negligence usually argue?
Under what conditions can a patient be said to have assumed the risk?
When is the defense of emergency a viable defense to a claim of negligence? When is it not?
Why is it important for professionals to maintain adequate records?
To whom do medical records belong? When do defendants have a right to these records?
Are professional negligence suits increasing or decreasing?a. What percentage of legal malpractice claims become insurance claims?b. How many claims are filed against most attorneys?c. Do most of these claims result in recovery of damages?d. What kind of attorney is most likely to be sued, and what
What are the primary reasons for most legal malpractice claims?
Name three things attorneys can do to prevent professional negligence suits?
What communications does the attorney-client privilege protect?a. How is this privilege waived?b. Who is subject to this privilege?c. What should legal assistants do to preserve this privilege?
What types of activities constitute the unauthorized practice of law?a. Why is it important that attorneys review all of the work produced by their legal assistants?b. How does the relationship legal assistants have with clients complicate the issue of unauthorized practice of law?
Why is it important for legal assistantsa. to promote good client relations?b. to create well-organized files?c. to handle client monies carefully?d. to meet all filing dates?
Are medical malpractice claims increasing or decreasing?
What have some states done in an effort to reduce the number of medical malpractice claims?
True Or False A professional who engages in conduct that results in a negative outcome for their client is by definition negligent.
True Or False A professional can be found negligent if they fail to use due diligence and care even if they choose an appropriate course of action.
True Or False All cases of professional negligence are also malpractice.
True Or False A plaintiff who is suing for malpractice will be successful if they can prove that the defendant professional was negligent even if they cannot prove that this negligence was the proximate cause of their injuries.
True Or False Failure of a professional to keep informed of current laws in their profession can constitute professional negligence.
True Or False Specialists are generally held to a national standard of care.
True Or False Attorneys are held to a general standard of care even if they are certified specialists.
True Or False Professionals have a fiduciary relationship with their clients if they have given them informed consent.
True Or False A doctor’s duty to warn increases as the probability and severity of risk to the patient increase.
True Or False A physician has a legal obligation to inform a patient about an alternative treatment even if he does not think the alternative treatment will work in the patient’s case.
True Or False In an emergency situation in which the patient is comatose or too ill to comprehend what is being said, the doctor can render treatment without informing the patient of the risks involved.
True Or False A patient’s morale will never have a bearing on what a professional does in informing them.
True Or False The primary question in a negligence cause of action based on lack of informed consent is whether the risks that are not disclosed were material risks.
True Or False Treatment provided in an emergency must be of the same quality of care as that provided under less stressful circumstances.
True Or False A plaintiff bringing a professional negligence case must have expert testimony to prove the standard of care of deviation.
True Or False What constitutes reasonable care in an emergency depends on the circumstances in which the emergency occurs.
True Or False Maintaining client records is a frivolous expenditure of valuable time.
True Or False In a personal injury case in which the plaintiff has made her medical problems the subject of litigation, all of their medical records are subject to subpoena by the defendant.
True Or False Professional negligence claims appear to be diminishing.
True Or False Annual malpractice claims for doctors are much higher than they are for attorneys.
True Or False Attorneys who talk openly with their clients are less likely to be sued for negligence when they make mistakes than attorneys who treat their clients in a paternalistic manner.
True Or False The greatest number of errors made by litigators are administrative.
True Or False One reason some clients file malpractice claims against their attorney is that they have unrealistic expectations about their case.
True Or False The attorney-client privilege prevents employees of an attorney from disclosing confidential information to anyone except their spouses.
True Or False Legal assistants should make sure that client conferences are conducted in places where privacy is assured.
True Or False A legal assistant can answer a client’s question about a legal issue as long as they are sure they know the answer.
True Or False Legal assistants are often responsible for helping to make sure that filing dates are met.
True Or False The number of medical malpractice claims has escalated sharply since the late 1980s.
True Or False The majority of states have enacted practice guidelines which define standard of care.
Professionals have a(n) ____________ relationship with their clients, meaning that the relationship is built on trust and confidence.
Under the ____________ ____________ doctrine, clients have the right to ultimate dominion over their bodies and events that affect their lives.
Today ____________ has for the most part replaced ____________ as a basis for liability in lack of informed-consent cases.
A patient who understands the risks involved in treatment and consents to that treatment is said to have ____________.
Plaintiffs alleging lack of consent may sue on a _________ or a __________ theory.
In deciding whether a professional is negligent, courts usea. a local standard.b. a national standard.c. both a local and a national standard.d. neither a local nor a national standard.
A defendant will likely be considered negligent ifa. they choose a course of action that is different from what most other professionals would have selected.b. they choose a course of action different from the only recognized course of action by members of good standing in the profession.c. neither
A professional commits malpractice bya. performing a task for which they lack the requisite skills.b. failing to refer a client to a specialist when the situation dictates.c. failing to ask for the information necessary to make a recommendation to a client.d. all of the above.
Which of the following is true?a. Physicians who use unorthodox methods of treatment are less likely to be found negligent than those who use conventional treatment.b. Physicians who use unorthodox treatments with patients who are critically ill are less likely to be found negligent than if they
A professional is obligated toa. keep abreast of changes in their field.b. follow up on a client’s condition or status.c. make referrals when appropriate.d. all of the above.
A neurosurgeona. is held to the standard of care of a reasonably careful and prudent neurosurgeon.b. is held to the standard of care of a reasonably careful and prudent physician.c. cannot be held liable for doing something for which a physician doing the same thing would not be liable.d. all of
Under the informed-consent doctrinea. a doctor is obligated to warn a patient about possible hazards of a form of treatment but is never obligated to advise a patient about alternative treatments.b. a doctor has a duty to warn a patient that all the side effects of new or experimental treatment are
In deciding what should be disclosed to a patient, some courtsa. consider the expectations of a reasonable layperson.b. use a “prudent patient” standard, which requires a doctor to disclose those risks that a reasonable person would consider material to their decision to undergo treatment or
A doctor will not necessarily have to disclose a risk ifa. the risk is highly improbable, and the doctor believes that disclosing it would severely reduce the effectiveness of the treatment.b. the risk is high, but the doctor believes that disclosing it would severely reduce the effectiveness of
In negligence causes of action based on lack of informed consent,a. lay-witness testimony is all that is needed.b. the statute of limitations is generally longer than it is for battery.c. a patient typically signs a consent form but does not understand some of the risks involved.d. all of the above.
A risk is considered a material risk ifa. the consequences of the risk are severe.b. the occurrence of the risk is highly probable.c. there are feasible alternatives.d. all of the above.
To prove malpractice, a plaintiff must showa. the standard of care expected within the profession.b. the defendant’s deviation from the standard of care within the profession.c. that their injuries more probably than not resulted from the actions of the professional.d. all of the above.
An expert witness in a malpractice case musta. be familiar with the techniques and procedures used in the case.b. use the same techniques and procedures as those used in the case.c. be familiar with the standard of care in the community whether a local or national standard is used.d. all of the
To be relieved of liability, a defendant must show that the plaintiff’s negligencea. added to their own.b. was concurrent with their own.c. either added to or was concurrent with their own.d. none of the above.
A client could be considered contributorily negligent if theya. fail to follow a doctor’s instructions.b. lie to their attorney.c. delay seeking medical attention.d. all of the above.
The defense of assumption of riska. is applicable even if the client does not understand the risks involved.b. is inapplicable if the risks are not clearly explained.c. is applicable even if the defendant provides negligent care.d. all of the above.
Emergency is a defensea. if death is imminent and treatment is absolutely necessary for the patient’s survival.b. only if an emergency actually exists.c. as long as the emergency was not created by the doctor’s negligence.d. all of the above.
Maintaining adequate client recordsa. may later help a professional defendant refresh their memory about a client’s case.b. has little relevance to building a defendant’s defense against a malpractice claim.c. is generally a frivolous expenditure of valuable time.d. none of the above.
In regard to medical records,a. the physical record is considered the property of the patient.b. the content of the record is considered the property of the healthcare provider.c. most state laws require that the records be released to the patient as long as the patient will waive the
Which of the following is true?a. The type of attorney most likely to be sued is the litigator.b. Most attorneys can expect to have only one malpractice claim filed against them during the course of their career.c. The greatest number of errors committed by litigators are ones involving strategy.d.
Poor communication isa. the most common cause of client complaints against attorneys.b. the primary cause of malpractice claims against attorneys.c. the primary reason for attorneys having poor client relations.d. all of the above.
Failure to return client phone calls or to keep clients reasonably informed about their casea. can be grounds for an ethical violation.b. is not enough by itself to be grounds for negligence.c. is grounds for negligence but is not covered by the Model Rules of Professional Conduct.d. none of the
Attorneys can avoid malpractice claims bya. taking no more clients than they have time to handle.b. spending the amount of time necessary to competently handle their clients’ cases.c. more efficiently managing their office.d. all of the above.
Which of the following is true about the attorney-client privilege?a. The privilege pertains to any information exchanged between an attorney and client even if that information is disclosed to a third person.b. Confidential communications between an attorney and client cannot be disclosed unless
Because legal assistants are not allowed to practice law, they shoulda. not answer any questions from a client.b. not talk with clients.c. insist that an attorney review their work.d. all of the above.
If a legal assistant provides incorrect legal advice to a client, it may result ina. a malpractice claim against the attorney and firm.b. an ethics charge against the attorney supervising the legal assistant.c. the legal assistant being fired.d. all of the above.
Legal assistantsa. should never discuss the status of a client’s case.b. can shield attorneys from some of the interpersonal tasks with clients that are time-consuming.c. can listen to clients’ concerns but should never answer any of their questions.d. all of the above.
Legal malpractice claims can be minimized bya. making sure clients know the strengths and weakness of their case.b. keeping clients apprised of the status of their case.c. reassuring clients that their case is important to the firm.d. all of the above.
Client filesa. should be well organized so that information can be retrieved quickly and easily.b. should be organized logically so that they never have to be reviewed.c. are the sole province of the legal secretary.d. all of the above.
Legal assistantsa. are often delegated responsibility for client trust accounts.b. are not allowed to do anything in relation to client trust accounts.c. should make sure that client trust accounts can be easily reviewed by the attorney.d. none of the above.
A medical malpractice crisis has arisena. despite the decrease in litigation since the 1960s.b. even though the size of judgments has diminished.c. because of the increase in the cost of malpractice insurance.d. all of the above.
Some states have dealt with medical malpractice bya. passing statutes that limit the amount of recovery in medical malpractice cases.b. requiring pretrial review panels to hear malpractice claims.c. enacting practice guidelines that define the standard of care in certain situations.d. all of the
In an effort to reduce the number of malpractice cases, some legislatures have modifieda. the informed-consent doctrine.b. statute of limitations and evidentiary rules.c. rules regarding burden of proof and standard of care.d. all of the above.
What is the relationship between deceit and misrepresentation?
What are the basic elements of misrepresentation?

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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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