Bar Exam Drills Flashcards
Negligence is defined as:
unreasonable conduct by defendant where defendant’s conduct fails to rise to a standard of care of that of a reasonable person in the same or similar circumstances
The elements of negligence are:
(1) duty
(2) standard of care
(3) breach
(4) actual cause
(5) proximate cause
(6) damages
If there is no breach of due care on the part of the defendant then there is ____.
no liability
“Bright 12 year-old” are assumed by the authors and thus is testing you, that they ____ and ____.
(1) know how to read a sign
(2) know of the danger from the sign
Duty:
defendant owes a legal obligation to the plaintiff
Standard of Care:
defendant did not meet the expected level of care
Breach:
defendant failed to meet that standard
Actual Cause:
defendant’s breach directly caused the plaintiff’s injury
Proximate Cause:
defendant’s breach was closely related to the plaintiff’s injury
Damages:
plaintiff suffered real arm due to the defendant’s breach
If there is no reasonable foreseeability to the harm, then there is ____ and thus ____.
(1) no proximate causation
(2) no liability
If a person fails to take the reasonable precautions that any prudent person would take and their actions cause someone else harm, their actions could be considered ____.
negligent
In a pure comparative negligence jurisdiction, each defendant is only liable for ____.
his or her percentage of fault
A plaintiff is ____ in a pure comparative negligence jurisdiction, even if he or she was at fault in contributing to the accident.
still able to recover damages
Intrafamily immunity is:
immunity from a tort action brought by an immediate family member
Joint and several liability is a legal term for a responsibility that is ____.
shared by two or more parties to a lawsuit
(Joint and Several Liability)
A wronged party may sue ____, and collect the total damages awarded by a court from ____.
(1) any or all of them
(2) any or all of them
If you are at fault for something, a rescuer can recover ____, for that event you ____.
(1) against you
(2) were at fault - for any foreseeable damages from that event
If a danger is hidden, a landlord must ____.
warn the tenants and other users of the premises about the concealed danger
A landlord also has a duty to warn of dangers which are not latent if the danger ____.
exists and the landlord has not yet undertaken a repair
The intentional tort of false imprisonment needs ____ to be satisfied.
intent
There’s a privilege in the defense of others - as long as ____.
the amount of force that you use to defend others is appropriate, in proportion to the harm that the assailant is bringing
Children will be held to the standard of an adult if ____.
the activity engaged in was an adult activity
Loss-of-Chance Doctrine:
a legal principle applicable in some U.S. states which allows a plaintiff to obtain damages from a defendant for a heightened risk of death or injury, even if the the plaintiff cannot prove that by a preponderance of the evidence that the ultimate injury was caused by the defendant’s negligence
Elements of intentional infliction of emotional distress:
(1) defendant acted intentionally or recklessly
(2) defendant’s conduct was extreme and outrageous
(3) defendant’s act is the cause of distress
(4) plaintiff suffers severe emotional distress as a result of defendant’s conduct
If a product has been substantially changed since it left the company that manufactured it, a tort victim ____.
will not be able to recover under the theory of strict liability against the company
Negligence Per Se:
is a rebuttable presumption
if a statue has been violated and meets the requirements, the defendant may show evidence of non-negligence
Res Ipsa Loquitor:
if there was harmed caused by negligence and it was within the tortfeasors control that was exclusive, then negligence will be presumed
Limitations of Negligence Per Se:
A safety statue or regulation applies only if it is intended to protect the class to which the plaintiff belongs and if it is intended to guard against the particular harm suffered by the plaintiff.
Defendant’s liability does not extend to economic loss that arises solely from ____
physical harm to the defendant
If a landowner knows that trespassers have been on his/her land, then these persons are discovered trespassers to whom the landowner owes the duty to ____.
ordinary care to warn of danger
If a person is an undiscovered trespasser, then the landowner has a duty to ____.
refrain from willful or wanton misconduct
When you see this type of question with percentages of recovery and the facts are silent - it is a ____ liability jurisdiction
joint and several
The one situation where you have a duty to act is when you ____.
put someone else in danger by your own conduct
In premises liability law, property owners have ____, meaning they ____.
(a) non-delegable duties
(b) can’t pass off their responsibilities to others
