Essay Questions-- Which Rules? Flashcards

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1
Q

Torts Negligence Question

A

Negligence

(1) Duty
(a) Standard of Care
(b) Heightened Standard of care if applicable

(2) Breach

(3) Causation
(a) Actual Causation
(b) Proximate Causation

(4) Damages

(5) Defenses

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2
Q

Torts Defamation Question

A

Defamation General Rule

(1) Defamatory Statement

(2) Of or Concerning the Plaintiff

(3) Publication

(4) Damages
(a) Libel
(i) Libel Per Se and Libel Per Quod
(b) Slander
(i) Slander per se

(5) Constitutional Defamation
(a) Matter of public Concern
(i) Falsity
(ii) Fault
(A) Malice
(B) Negligence

(6) Defenses to Defamation
(a) Truth
(b) Consent
(c) Absolute Privilege
(d) Qualified Privilege

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3
Q

Torts Products Liability – Manufacturer

A

Products Liability- Manufacturer

(1) Strict Liability
(A) Strict Duty

  (B) Breach 

      (i) Defect 
          (a) Design Defect 
          (b) Manufacturing Defect 
          (c) Inadequate Warning 

     (ii) Present When it Left Defendant's Control 

   (C) Causation 
     (i) Actual Causation 
     (ii) Proximate Causation 

 (D) Damages 

(2) Defenses

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4
Q

Torts Products Liability – Negligence Theory

A

Negligence Theory of Products Liability

(1) Duty and Breach
(A) Negligent Conduct
(B) Causation
(C) Damages
(2) Defenses

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5
Q

Torts Products Liability– Implied Warranty

A

Implied Warranty General Rule

(discuss theory that applies)

(1) Warranty of Merchantability
(2) Warranty of Fitness for a Particular Purpose
(3) Express Warranty/Representation Theories OR
(4) Intent

(A) Defenses

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6
Q

Torts Vicarious Liability

A

Vicarious Liability General Rule

The question is whether ______ (X) is liable for the tort of ________(Y) even though _____(X) was not the direct cause of plaintiff’s injury.

(1) Respondeat Superior

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