Which of the following represents the court's ruling in the case in the text Barbara Debusscher v. Sam's East, Inc., the case in which the plaintiff was injured after a portable basketball goal fell on her?

Which of the following represents the court's ruling in the case in the text Barbara Debusscher v. Sam's East, Inc., the case in which the plaintiff was injured after a portable basketball goal fell on her? 
A. That the lower court properly granted summary judgment to the defendant based on a lack of proof of negligence.
B. That to rely upon res ipsa loquitur, plaintiff must conclusively eliminate the possibility of all other causes of the injury, and that the plaintiff had done so.
C. That the plaintiff was entitled to proceed under the doctrine of res ipsa loquitur but that the jury might not find for the plaintiff.
D. That only the court, not a jury, can determine liability when res ipsa loquitur is involved.
E. Both that to rely upon the concept of res ipsa loquitur, a defendant need not conclusively eliminate the possibility of all other causes of the injury and that only the court, not a jury, can determine liability when res ipsa loquitur is involved.

The court ruled that the plaintiff DeBusscher had made the required showing for a claim of res ipsa loquitur but stated that in reaching its conclusion, the court did not mean to imply that a jury would necessarily find for DeBusscher [the plaintiff].

What does the term "negligence per se" mean literally? 
A. Pure negligence.
B. Select negligence.
C. Negligence in or of itself.
D. Absolute wrongdoing.
E. Allowable negligence.

Negligence per se means literally, "negligence in or of itself."

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs? 
A. Res ipsa loquitur.
B. Negligence per se.
C. Statutory shop act.
D. Comparative negligence.
E. Assumption of the risk.

Negligence per se applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs. If the defendant's violation causes the plaintiff to suffer from the type of harm that the statute intends to prevent, the violation is deemed negligence per se.

Which of the following is an example of a dram shop act? 
A. A statute which requires bar owners to have a license before operating a bar.
B. A statute which allows bartenders and bar owners to be held liable for injuries caused by individuals which become intoxicated at the bar.
C. A statute that prohibits any bars on certain streets in the jurisdiction.
D. A statute which allows the selling of beer but not hard liquor.
E. A statute which requires bar owners to post a bond before opening for business in a jurisdiction.

Many states have dram shop acts, which allow bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar.

Which of the following is true regarding contributory negligence? 
A. The defense was once available in a few states but is not available in any state today.
B. It is available in all states today.
C. It was outlawed by a federal statute.
D. It was once available in all states but has been replaced in some states by the defense of comparative negligence.
E. It was once available in all states and has been replaced in some states by the defense of assumption of risk.

Contributory negligence, a defense once available in all states but replaced today in some states by the defense of comparative negligence applies in cases in which the defendant and the plaintiff were both negligent.