Paralegal Exam Prep - Question List

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271. There is contributory negligence where:
  1. There is negligence per se.
  2. The plaintiff was more negligent than the defendant.
  3. A third party contributed to the defendant's negligence.
  4. The plaintiff's negligence combined with the defendant's negligence resulted in harm to the plaintiff.
  5. There was a defective product.
272. What is the difference between contributory negligence and comparative negligence?
  1. Contributory negligence refers to the defendant's responsibility in causing the harm, while comparative negligence refers to the plaintiff's responsibility in causing the harm.
  2. There is no difference between contributory negligence and comparative negligence.
  3. Contributory negligence refers to the plaintiff's responsibility in causing the harm, while comparative negligence refers to the defendant's responsibility in causing the harm.
  4. Contributory negligence bars the plaintiff's recovery, while comparative negligence reduces the amount of the plaintiff's recovery.
  5. Contributory negligence is a common law doctrine, while comparative negligence is a civil law doctrine.
273. Defenses to negligence include:
  1. Mistake
  2. Comparative negligence
  3. Contributory negligence
  4. Assumption of risk
  5. B, C, and D.
274. Jonas drives his car at 100 mph on a street with a speed limit of 40 mph. Jonas hits Jackie. Jonas is:
  1. Intentionally negligent.
  2. Not negligent.
  3. Comparatively negligent.
  4. Contributorily negligent.
  5. Negligent per se.
275. The doctrine of "last clear chance" holds that:
  1. Even though a plaintiff was contributorily negligent, the plaintiff can still recover if he or she can show that the defendant had the last opportunity to prevent the harm.
  2. A plaintiff who is contributorily negligent cannot recover damages from the defendant.
  3. A plaintiff that is less than 50% contributorily negligent can recover damages from the defendant.
  4. Even though a plaintiff was contributorily negligent, the plaintiff can still recover if he or she can show that he or she was the last person to try to prevent the harm.
  5. None of the above.

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