瑞达 Rejda 保险教材英文练习题19.doc

Principles of Risk Management and Insurance, 11e (Rejda)Chapter 19 The Liability Risk1) Which of the following statements about torts is (are) true?I.The person who is injured or harmed by a tort is called a plaintiff or claimant. II. The punishment for committing a tort is damages in the form of money. A) I only B) II only C) both I and II D) neither I nor II Answer: CQuestion Status: New2) All of the following are examples of intentional torts EXCEPTA) negligence.B) trespass.C) slander.D) assault.Answer: AQuestion Status: Previous Edition3) A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example ofA) general damages.B) comparative negligence.C) an intentional tort.D) strict liability.Answer: DQuestion Status: Previous Edition4) Failure to exercise the degree of care required by law to protect others from harm is called A) premeditated liability.B) vicarious liability.C) punitive damages.D) negligence.Answer: DQuestion Status: Previous Edition5) All of the following are elements of negligence EXCEPTA) the ability to pay damages.B) the failure to perform a legal duty to use reasonable care.C) damages or injuries to a claimant.D) proximate cause between the negligent act and the injury or harm that occurs.Answer: AQuestion Status: Previous Edition6) Which of the following statements about the elements of negligence is (are) true?I.The negligence of the tortfeasor may arise from a failure to act.II.The damage that results must be in the form of property damage.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: AQuestion Status: Previous Edition7) Damages awarded for losses that can be determined or measured areA) special damages.B) general damages.C) punitive damages.D) comparative damages.Answer: AQuestion Status: Previous Edition8) Which of the following statements about monetary damages awarded by a court is (are) true?I.The purpose of general damages is to provide benefits for medical expenses or loss of earnings.II.The purpose of punitive damages is to punish the tortfeasor so that others are deterred from committing the same wrongful act.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: BQuestion Status: Previous Edition9) Heather sued Robert for injuries suffered in an automobile accident. Based upon the facts presented, the jury concluded that Heather was 40 percent at fault in the accident and Robert was 60 percent at fault. Under the common law doctrine of contributory negligence, the jury should award HeatherA) nothing.B) 40 percent of her actual damages.C) 60 percent of her actual damages.D) 100 percent of her actual damages.Answer: AQuestion Status: Previous Edition10) Which of the following statements about comparative negligence laws is (are) true?I.Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages.II.Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: BQuestion Status: Previous Edition11) Nancy was injured when she drove her car through a stop sign and was struck by Philips car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?A) vicarious liabilityB) the last clear chance ruleC) contributory negligenceD) the assumption of risk doctrineAnswer: BQuestion Status: Previous Edition12) Common situations involving strict liability include all of the following EXCEPTA) blasting operations.B) operating a motor vehicle.C) work-related injuries under workers compensation.D) crop dusting.Answer: BQuestion Status: Previous Edition13) All of the following may give rise to imputed negligence EXCEPTA) employer-employee relationships.B) joint business ventures.C) vicarious liability laws.D) attractive nuisance situations.Answer: DQuestion Status: Previous Edition14) All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPTA) The injured party has not contributed to the accident in any way.B) The injured party must prove negligence on the part of the defendant.C) The event is one that normally does not occur in the absence of negligence.D) The defendant has exclusive control over the instrumentality causing the accident.Answer: BQuestion Status: Previous Edition15) Under certain conditions, the wrongful acts of one person can be attributed to another person. This practice is calledA) imputed negligence. B) mediation. C) compative negligence. D) strict liability. Answer: A16) Which of the following statements about the legal obligations of a property owner is (are) true?I.A property owner must inspect the premises for the benefit of an invitee and correct any unsafe conditions.II.A property owner has the right to set a trap designed to injure a trespasser.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: AQuestion Status: Previous Edition17) Under common law, which of the following persons is most likely to be classified as an invitee?A) a mail carrierB) a social guestC) a door-to-door salespersonD) a solicitor for a charitable organizationAnswer: AQuestion Status: Previous Edition18) Which of the following are legal obligations of a property owner with respect to an invitee?I.The property owner must warn an invitee of any unsafe conditions.II.The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: CQuestion Status: Previous Edition19) What is the effect of the family purpose doctrine?A) to impose liability on children for the care of elderly parentsB) to impose liability on the owner of an automobile for the negligence of immediate family members operating the automobileC) to impose liability on a parent for any negligence caused by a childD) to impose strict liability on the owner of a wild animal for any injuries caused by the animalAnswer: BQuestion Status: Previous Edition20) Which of the following statements about the immunity of governmental entities is (are) true?I.Governmental entities are more likely to be immune from liability when performing proprietary functions than when performing governmental functions.II.Many courts have eliminated the immunity of government entities.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: BQuestion Status: Previous Edition21) The doctrine of respondeat superior applies to a(n)A) parents liability for a negligent child.B) pet owners liability for the pet.C) employers liability for a negligent employee.D) manufacturers liability for a faulty product.Answer: CQuestion Status: Previous Edition22) Situations under which parents can be held liable for the actions of a child include which of the following?I.The child uses a parents gun to injure someone.II.The child is acting as an agent of the parent.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: CQuestion Status: Previous Edition23) Under one doctrine, a person who understands the danger inherent in an activity cannot recover damages in the event of injury from the activity. This doctrine is theA) contributory negligence doctrine.B) assumption of risk doctrine.C) comparative negligence doctrine.D) fellow servant doctrine.Answer: BQuestion Status: Previous Edition24) One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced, it cannot be considered a defective product today. This defense is called theA) collateral sources rule.B) state of the art defense.C) strict liability defense.D) privity of contract rule.Answer: BQuestion Status: Previous Edition25) Shareholders and employees harmed by the negligent acts and deceptive statements of company leaders may file lawsuits against the company leaders. Company leaders are covered for such claims under which type of insurance?A) employment practices liability insuranceB) employee benefit liability insuranceC) directors and officers liability insuranceD) general liability insuranceAnswer: CQuestion Status: Previous Edition26) All of the following are proposed solutions to the medical malpractice problem EXCEPTA) shortening the statute of limitations for filing lawsuits.B) eliminating arbitration panels to resolve disputes.C) placing limitations on contingent fees charged by attorneys.D) placing limitations on damage awards.Answer: BQuestion Status: Previous Edition27) The Sarbanes-Oxley Act requires which of the following?I.Accounting firms auditing a companys books must provide other major services to the firm besides auditing services.II.The companys Chief Executive Officer (CEO) must swear to the accuracy of quarterly and annual financial reports.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: BQuestion Status: Previous Edition28) Arguments in favor of reforming the civil justice system include which of the following?I.There is often a long delay in settling lawsuits.II.Compensation awards have decreased significantly over the past two decades.A) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: AQuestion Status: Previous Edition29) All of the following are examples of tort reform proposals EXCEPTA) modifying the collateral source rule.B) eliminating caps on noneconomic damages.C) regulation of attorney fees.D) imposing penalties to deter frivolous lawsuits.Answer: BQuestion Status: Previous Edition30) A defendant who is only slightly liable may be required to pay the full amount of damages under which of the following?A) the joint and several liability ruleB) the collateral source ruleC) arbitrationD) res ipsa loquitorAnswer: AQuestion Status: Previous Edition31) Alternative techniques for resolving legal disputes without litigation include which of the following?I.ArbitrationII.MediationA) I onlyB) II onlyC) both I and IID) neither I nor IIAnswer: CQuestion Status: Previous Edition32) All of the following are categories of torts EXCEPTA) intentional torts.B) breach of contract.C) strict liability.D) negligence.Answer: BQuestion Status: Previous Edition33) James was injured in an auto accident caused by another motorists negligence. To reimburse him for his hospital bills and lost earnings, items which can be specifically itemized, James will receiveA) punitive damages.B) special damages.C) imputed damages.D) general damages.Answer: BQuestion Status: Previous Edition34) James was injured in an auto accident caused by another motorists negligence. He received severe facial lacerations and injured his back in the accident. In payment for his pain, suffering, and disfigurement, losses which cannot be specifically itemized, James will receiveA) punitive damages.B) special damages.C) imputed damages.D) general damages.Answer: DQuestion Status: Previous Edition35) Michelle had major abdominal surgery. Months after the surgery, she still did not feel well. When she was operated on again, the surgeon discovered two sponges that were not removed at the conclusion of the first operation. Michelle should be able to collect damages without having to prove negligence under the doctrine ofA) joint and several liability.B) res ipsa loquitor.C) contributory negligence.D) uberrimae fidei.Answer: BQuestion Status: Previous Edition36) Francis opened a store. She knows that customers who come to the store may be injured on the premises and hold her responsible for their injuries. Under common law, business customers in the store Francis opened are consideredA) aliens.B) licensees.C) trespassers.D) invitees.Answer: DQuestion Status: Previous Edition37) Malcolm was involved in an auto accident. He was judged to be 20 percent at fault in the accident, and the other party was judged to be 80 percent at fault. Malcolms actual damages were $40,000. Under a pure comparative negligence rule, how much will Malcolm receive for his injuries?A) $8,000B) $24,000C) $32,000D) $40,000Answer: CQuestion Status: Previous Edition38) Louise was in a hurry and tried to cross the street in the middle of the block rather than at a street corner. A car struck her. Even though Louise placed herself in danger, she may still be able to collect for her injuries if the driver had an opportunity to avoid hitting her but failed to do so. This rule is called theA) last clear chance rule.B) collateral sources rule.C) alternative dispute resolution rule.D) joint and several liability rule.Answer: AQuestion Status: Previous Edition39) Bruce believes a local manufacturer is responsible for contaminating some land he owns. He filed suit against the company. Rather than have the case go to court, the manufacturing companys legal team suggested mediation or arbitration to settle the case. Methods that are employed to resolve legal disputes without litigation, such as mediation, are calledA) collateral source rules.B) alternative dispute resolution techniques.C) joint and several liability techniques.D) comparative negligence rules.Answer: BQuestion Status: Previous Edition40) Jan was injured in a work-related auto accident. She sued the other driver, and the case went to court. While questioning Jan, the defendants lawyer asked if her injuries and lost earnings were covered under workers compensation. Jans lawyer objected to the question. The judge ruled the question was improper and instructed the jury to disregard the question. Based on the judges reaction to the question, we can conclude that which of the following rules is in force where this trial took place?A) the joint and several liability ruleB) the last clear chance ruleC) the comparative negligence ruleD) the collateral source ruleAnswer: DQuestion Status: Previous Edition41) Trisha was injured when the delivery truck for a local furniture store struck her. The delivery driver claimed the brakes of the delivery truck failed, causing the accident. Trisha filed suit, and in her lawsuit named the delivery driver, the furniture store, the service station responsible for vehicle maintenance, and the manufacturer of the vehicle. Even though the manufacturer of the vehicle may be only 1 percent responsible for the accident, it may be required to pay a large percentage of the damages under theA) collateral source rule.B) assumption of risk rule.C) joint and several liability rule.D) last clear chance rule.Answer: CQuestion Status: Revised42) Compensatory damages include A) general damages