CPCU 410 Module 5 Test Bank

1. A correct statement regarding a statute of repose is that:

2. The primary difference between a statute of limitations and a statute of repose is:

3. Which one of the following statements is correct regarding defenses against negligence claims?

4. Which one of the following statements is correct regarding defenses to negligence?

5. Barry and Connie were in an auto accident. Barry was found 65% at fault, while Connie was found 35% at fault. Under the pure comparative negligence rule, if Barry’s total damages were $1,000, he would be able to recover:

6. Tina took her children roller skating and fell, breaking her wrist. Would Tina likely be successful in a lawsuit against the roller-skating rink for her injury?

7. Joe is injured in an accident where he was 55% at fault. Under the 50% rule, how much can Joe recover in a negligence lawsuit?

8. Aaron, Betty, and Clark contributed to an accident in the following degrees:

Party	Degree of Fault
Aaron	25%
Betty	25%
Clark	50%

Which of the following statements is correct regarding potential liability?

9. Aaron, Betty, and Clark contributed to an accident in the following degrees:

Party	Degree of Fault
Aaron	25%
Betty	10%
Clark	65%

The accident caused $100,000 of damage to Aaron’s property. Aaron files a lawsuit against Betty and Clark. Under the 49% rule, Clark would have to pay:

10. After drinking, Jack and Brent were racing dirt bikes down the road when Brent lost control of his bike, drove on a neighbor’s lawn and injured two people. Which one of the following statements is correct regarding the accident?

11. Which one of the following situations would possibly preclude a plaintiff from suing for negligence due to a state statute of repose?

12. Which one of the following situations would provide the defendant the ability to avoid liability through use of the contributory negligence defense?

13. An essential element of the tort of intentional infliction of emotional distress is:

14. Which one of the following constitutes the tort of assault?

15. Which one of the statements below is accurate regarding intentional torts?

16. All of the following represent defenses against defamation, EXCEPT:

17. The appropriation of a plaintiff’s name or likeness is considered:

18. Which one of the following represents a defense in an action for invasion of privacy?

19. Which one of the following constitutes the tort of assault?

20. After being informed that there is a man in a red sweatshirt threatening people with a gun on the next street, a police officer sees a man in a red sweatshirt jogging from the other street and arrests him. After being cleared, why can’t he sue the policeman for false arrest?

21. Which one of the following statements is correct regarding intentional torts?

22. Which one of the following statements is correct regarding intentional torts?

23. The use of civil or criminal procedures for a purpose for which they were not designed is known as:

24. Which one of the following statements is correct regarding trespass?

25. The unlawful exercise of control over another person’s personal property to the detriment of the owner is known as:

26. Sid was cutting down a tree in his yard. The tree accidentally fell onto his next-door neighbor’s fence, causing substantial damage to the fence. Sid was sued by his next-door neighbor for the damage. Will Sid be found liable?

27. Rhett dug a ditch on his land in order to drain the waste water from his washing machine. The ditch caused the waste water to run onto his neighbor’s land whenever Rhett did laundry. This is an example of a(n):

28. ACME Company’s biggest competitor, ACE Inc. just released a new product called Joose that is very similar in packaging to ACME’s best-selling product called Juce. What intentional tort can ACME use to sue ACE?

29. Bob’s neighbor Ted purchased cows last year and built a pen just over the property line between their houses. The cows produce a significantly distasteful smell that permeates the air year-round. Bob is seeking some remedy and is advised to sue under what tort action?

30. Under the Uniform Commercial Code, the implied warranty of merchantability indicates:

31. Courts generally do not accept class action suits in product liability suits because:

32. Which one of the following statements is correct regarding strict liability?

33. With respect to product defects, which one of the following represents the simplest type of strict liability to prove?

34. In determining who has legal standing to sue in a products liability case, most courts use the:

35. In most jurisdictions, a plaintiff in a products liability case is allowed to recover damages based on strict liability for all of the following, EXCEPT:

36. Will bought a new gas grill and after three uses, the igniter exploded injuring Will’s hand. An investigation determines that one of the components in the igniter was defective because it was made of the wrong gauge of metal. What can Will use as basis to file suit?

37. Tom purchased a carpet cleaner from a local merchant. After assembling the cleaner, he realized that the dirt bag had several leaks, and one of the parts did not fit properly. The merchant would not attempt to resolve the issue. Tom’s best basis for a lawsuit is which one of the following?

38. XYZ Company purchased a machine from MachineCo. XYZ Company’s employee was injured when a safety switch on the machine failed to work. Which one of the following principles of law would be the basis for a suit brought by the employee?

39. Which one of the following statements best describes how federal and state cybersecurity laws differ?

40. The appropriate use or access of data is known as:

41. Which one of the following statements is correct regarding the General Data Protection Regulation (GDPR)?

42. Which one of the following is considered a best practice that organizations should follow to establish a culture of data security and cybersecurity?

43. Snool is a company that has developed web-based educational games for children under the age of 13. As part of its business model, it collects data from its users to tailor the ads displayed on its website. Which one of the following data protection laws is most likely applicable to Snool’s situation?

44. All of the following elements must be considered by a trial court to certify a suit as a class action, EXCEPT:

45. Which one of the following liability concepts applies in a case where two brothers are racing cars on a highway and collide, injuring a third person?

46. If a parent provides their child with a dangerous article, knowing that the child is likely to use it in a risky manner, and the parent fails to provide reasonable control over the child, the parent can be held liable for:

47. Which one of the following statements is correct regarding Good Samaritan laws?

48. Which one of the following is a feature a court must consider when certifying a suit as a class action?

49. Adam is 5 years old and while playing outside, he turns the hose on and forgets to turn it off. The water runs into the neighbor’s yard, flooding the new sod they just had laid. Which type of vicarious liability is applicable?

50. Sandy is an EMT and stopped to help an injured bicyclist on her way home from work. If she does something negligent, and the bicyclist files a lawsuit, what protection does Sandy have?

51. Jason was making deliveries for his employer when he was involved in a car accident. The accident was deemed 45% his fault. The other driver filed a lawsuit against Jason’s company. What concept of law is the lawsuit filed under?

52. Three motorists were involved in an automobile accident. The court found the parties at fault to the following degree:

Party	Degree of Fault
Amy	15% at fault
Bob	25% at fault
Charlie	60% at fault

If Bob proves damages of $200,000, and Charlie is bankrupt, then under the Uniform Contribution Among Joint Tortfeasors Act, Amy would be liable for:

53. Arnold owns an automobile, which is used by all members of his family. The automobile is the only vehicle owned by the entire family. One day, Arnold’s 18-year old daughter was driving the automobile to the local grocery store when she had an accident, resulting in injuries to a third party. Arnold may be liable for the injuries caused by his daughter under: