Paralegal PACE Practice Test Questions

Category - Paralegal PACE Exam Prep

Select the answer choice that correctly completes the following:

All negligent drivers who caused a plaintiff’s injury are liable if the plaintiff suffered actual damages.
Plaintiff Paul suffered actual damages from Darlene’s negligent driving that caused his injury.
  1. Darlene caused Plaintiff Paul’s injury.
  2. Plaintiff Paul suffered actual damages.
  3. Darlene is liable for negligent driving.
  4. Darlene is liable for Plaintiff Paul’s actual damages.
Explanation
Answer: D - Darlene is liable for Plaintiff Paul’s actual damages. Here, the major premise establishes the liability of (1) negligent drivers (requiring duty and breach of duty), (2) who cause a plaintiff’s injury, (3) if the plaintiff suffered actual damages. The minor premise states (1) that Darlene was a negligent driver (“Darlene’s negligent driving”), (2) that the negligent driving cause Plaintiff Paul’s injury (“that caused his injury”), and (3) that “Plaintiff Paul suffered actual damages.” Since Darlene is within the class of negligent drivers who cause a plaintiff’s injury, with the plaintiff also suffering actual damages, Darlene is liable. Answers A and B are incorrect because they merely restated facts from the minor premise. Answer C is incorrect because it is incomplete - it does not state Darlene is liable for actual damages.
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