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46) When would a defendant use the doctrine of res

Question : 46) When would a defendant use the doctrine of res : 2095775

46) When would a defendant use the doctrine of res ipsa loquitur?

A) To allow the judge and jury to presume the plaintiff destroyed evidence.

B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.

C) To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.

D) To allow the judge to hold the defendant liable under a strict liability theory.

E) To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.

47) Which of the following is a plaintiff NOT required to demonstrate in order to be successful in making a claim under res ipsa loquitor?

A) The alleged negligence is within the scope of the defendant's duty to the plaintiff.

B) Other possible causes of the incident that harmed the plaintiff have been ruled out.

C) The event was of a kind that normally happens only if there is negligence.

D) There is direct evidence of the defendant's lack of care.

E) The event which caused harm was a kind of event that ordinarily does not occur.

48) Assuming res ipsa loquitur is established, what is the effect of that doctrine?

A) The burden of proof shifts to the plaintiff.

B) The burden of proof rises to proof beyond a reasonable doubt.

C) The burden of proof shifts to the defendant.

D) It requires a finding of negligence.

E) It prohibits a finding of negligence.

49) Which statement about negligence in Germany is true?

A) It focuses only on unconscious negligence.

B) Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only conscious negligence being found not guilty.

C) Both mental and physical capabilities are taken into account in determining whether a defendant is negligent.

D) It is the same as the law of negligence in the United States.

E) It focuses only on conscious negligence.

50) What is the literal meaning of "negligence per se"?

A) Select negligence.

B) Allowable negligence.

C) Absolute wrongdoing.

D) Pure negligence.

E) Negligence in or of itself.

 

 

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