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Question 1

Unlike physical disability, _________ ________ generally does not excuse a person from liability for conduct which does not conform to the standard of a reasonable person under like circumstances.

Answer 1

mental disabiity

Question 2

Does mental disability excuse a person from liability for conduct which does not conform to the standard of a reasonable person under like circumstances?

Answer 2

No!

Question 3

A voluntary intoxicated person is held to the standard of conduct of a

Answer 3

reasonable sober person

Question 4

An involuntary intoxicated person is held to the same standard as a

Answer 4

physically disabled person
meaning if disabled, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable man under the disability.

Question 5

A child must conform to the conduct of a

Answer 5

reasonable person of like age, intelligence, and experience under like circumstances

Question 6

A child must conform to the conduct of a reasonable person of like age, intelligence, and experience under like circumstances. Exception:

Answer 6

adult activity

Question 7

A higher standard of care is owed to a _____.

Answer 7

child

Question 8

What is the hand formula?

Answer 8

B < P x L

Question 9

What is B of the hand formula?

Answer 9

Where B is the Burden to Remediate (Cost to Fix)

Question 10

What is P of the hand formula?

Answer 10

P is the probability of harm

Question 11

What is L of the hand formula?

Answer 11

L is the severity of the potential harm or loss

Question 12

Negligence is __________.

Answer 12

Carelessness

Question 13

Negligence is ___________________________________________________.

Answer 13

conduct which falls below the standard established by law for protection of others against unreasonable risks of harm.

Question 14

Direct Evidence is evidence of

Answer 14

the fact in question

Question 15

eyewitness testimony as to the identity of the assailant.

Answer 15

direct evidence

Question 16

Circumstantial Evidence is evidence from which the

Answer 16

fact in question may be inferred

Question 17

fingerprints, skid marks

Answer 17

circumstantial evidence

Question 18

loss or harm resulting from injury to person, property, or reputation.

Answer 18

damage

Question 19

compensation in money imposed by law for loss or injury.

Answer 19

damages

Question 20

Medical, hospital, rehabilitative, and similar costs

Answer 20

economic loss

Question 21

Lost wages, earnings or profits

Answer 21

economic loss

Question 22

Substitute labor

Answer 22

economic loss

Question 23

custodial care

Answer 23

economic loss

Question 24

in some situations, medical monitoring

Answer 24

economic loss

Question 25

any other specifically identifiable pecuniary losses from the injury (travel to obtain medical care)

Answer 25

economic loss

Question 26

past or future pecuniary losses and out of pocket expenses

Answer 26

economic loss