QUESTION 2 A defense to a plaintiff\'s action in tort where the plaintiff has kn
ID: 3468494 • Letter: Q
Question
QUESTION 2
A defense to a plaintiff's action in tort where the plaintiff has knowingly and voluntarily entered into a hazardous activity which results in injury is known as _____.
negligence of defendant
negligence per se
res ipsa loquitur
causation in fact
assumption of risk
QUESTION 3
Which of the following is true about the procedure for criminal prosecutions?
The purpose of preliminary hearing is to decide whether the accused is guilty or not
The jury can convict if it finds the defendant guilty by a preponderance of the evidence
Nolo contendere means that the defendant is guilty and he wants a trial by a jury of his peers
Sentencing usually comes after all appeals are completed
The grand jury does not sit to determine guilt or innocence of the accused
QUESTION 4
Which of the following accurately describes proximate cause?
The injury that occurred was foreseeable by the actor at the time of his action
The injuries to the plaintiff are intentional
If an injury would not have occurred but for the defendant's conduct
A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury
An event that is a breach of duty on the part of the defendant
QUESTION 5
Which of the following is the constitutional right of an accused?
a.The police can never use evidence taken without the defendant's permission, even if it is taken by a private party and given to the police
A prosecutor has the right to call the accused as a witness.
Defendants have the right to assistance of counsel in a criminal case but only if they have the funds to pay for it
All criminal trials must be completed within 90 days after the date of the crime
The prosecutor may not use evidence willfully taken by the police in violation of the defendant's constitutional rights
a.negligence of defendant
b.negligence per se
c.res ipsa loquitur
d.causation in fact
E.assumption of risk
Explanation / Answer
2. The correct answer is Option E. A defense to a plaintiff's action in tort where the plaintiff has knowingly and voluntarily entered into a hazardous activity which results in injury is known as assumption of risk.
3. The correct answer is Option E. The grand jury does not sit to determine guilt or innocence of the accused.
4. The correct answer is Option A. The injury that occurred was foreseeable by the actor at the time of his action most closely describes proximate cause.
5. The correct answer is Option E. The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights.