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51) Which of the following applies to cases in which

Question : 51) Which of the following applies to cases in which : 2095776

51) Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

A) Comparative negligence.

B) Statutory shop act.

C) Negligence per se.

D) Assumption of the risk.

E) Res ipsa loquitur.

52) Which of the following is an example of a dram shop act?

A) A statute which allows the selling of beer but not hard liquor.

B) A statute which requires bar owners to post a bond before opening for business in a jurisdiction.

C) A statute which requires bar owners to have a license before operating a bar.

D) A statute that prohibits any bars on certain streets in the jurisdiction.

E) A statute which allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar.

53) Which of the following is true regarding contributory negligence?

A) It was outlawed by a federal statute.

B) It was once available in all states but has been replaced in some states by the defense of comparative negligence.

C) The defense was once available in a few states but is not available in any state today.

D) It is available in all states today.

E) It was once available in all states and has been replaced in some states by the defense of assumption of risk.

54) In order to rely upon the defense of contributory negligence, what must a defendant prove?

A) Only that the plaintiff violated the last-clear-chance doctrine.

B) Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm.

C) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.

D) Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury.

E) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm; that the plaintiff's failure was a contributing cause to the plaintiff's injuries; and also that the plaintiff failed to abide by the last-clear-chance doctrine.

 55) Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence, as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

A) Assumption of risk.

B) Modified risk doctrine.

C) Modified comparative doctrine.

D) Last-clear-chance doctrine.

E) There is no such doctrine.

 

 

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