1. Which of the following statements is not true regarding safety custom?
A Evidence that defendant violated customary safety precautions of the relevant community is usually sufficient to get plaintiff s case to the jury.
B A defendant who complied with all safety requirements of a statute might still be negligent.
C In many courts, plaintiff has been allowed to introduce into evidence safety manuals written by private organizations to show that defendant, in failing to follow such manuals, fell below the standard of reasonable care.
D A defendant who fails to comply with a safety custom established by a statute or ordinance may introduce evidence that the statute or ordinance is customarily violated by others in the community as evidence of the defendant s reasonable conduct
2. Which of the following statements is true regarding the role of the jury in deciding unreasonableness?
A Because reasonableness is a question of fact, the jury always decides this issue.
B Because reasonableness is a question of fact, the jury always decides this issue, subject to the judge s right to make the ultimate decision.
C Because reasonableness is a question of law, the judge always decides this issue.
D The fixed standard of reasonableness approach is now a firmly established legal principle.
3. Based on your reading of the Santiago v. First Student, Inc. case, which of the following statements is true?
A The court indicated that it disbelieved the plaintiff.
B One cannot prove unreasonable risk without establishing specific facts of conduct.
C The nature of an accident was almost always sufficient to show unreasonableness.
D Justifiable speculation is generally sufficient to establish unreasonableness.
4. Which of the following is not an accurate definition of breach of duty.
A An act, the nonoccurrence of which may cause damage to another.
B The defendant s failure to meet the standard of care.
C The defendant s failure to act as a reasonable person would have acted under the same or similar circumstances.
D The unreasonable conduct by the defendant.