Injury Lawyer Personal Injury Law Knowledge 3 — Questions and Answers
Question 1: Which of the following is an example of an intentional tort rather than negligence?
- Battery (Correct answer)
- Car accident from texting
- Slip and fall from a wet floor
- Medical misdiagnosis
Correct answer: Battery
Battery is an intentional tort involving deliberate harmful or offensive contact.
Question 2: What is 'proximate cause' in a negligence claim?
- A legally sufficient connection between the act and the injury (Correct answer)
- The exact moment of the accident
- The defendant's home address
- The plaintiff's medical history
Correct answer: A legally sufficient connection between the act and the injury
Proximate cause limits liability to harms that are a foreseeable result of the defendant's conduct.
Question 3: In product liability, strict liability means a manufacturer can be liable even if it did what?
- Exercised all possible care (Correct answer)
- Intentionally caused harm
- Failed to warn consumers
- Ignored safety regulations
Correct answer: Exercised all possible care
Strict liability holds manufacturers responsible for defective products regardless of the care they exercised.
Question 4: What does 'mitigation of damages' require an injured plaintiff to do?
- Take reasonable steps to minimize their losses (Correct answer)
- Forgive the defendant
- Refuse all medical treatment
- Sue immediately
Correct answer: Take reasonable steps to minimize their losses
Plaintiffs have a duty to take reasonable measures to reduce the extent of their damages.
Question 5: Which document formally begins a personal injury lawsuit?
- The complaint (Correct answer)
- The deposition
- The verdict
- The settlement check
Correct answer: The complaint
A lawsuit is initiated by filing a complaint that states the plaintiff's claims.
Question 6: What is a 'deposition' in the litigation process?
- Sworn out-of-court testimony taken before trial (Correct answer)
- The judge's final ruling
- A settlement offer
- A jury instruction
Correct answer: Sworn out-of-court testimony taken before trial
A deposition is sworn testimony taken under oath during discovery, before trial.
Question 7: What is the term for money a defendant pays to resolve a claim without admitting liability?
- Settlement (Correct answer)
- Restitution
- Bail
- Lien
Correct answer: Settlement
A settlement resolves a claim by agreement, often without any admission of fault.
Injury Lawyer Personal Injury Law Knowledge 3
Which of the following is an example of an intentional tort rather than negligence?