Exam 2

Question 1

What are the aspects of Negligence?

Answer 1

Duty of Care, Breach of Duty, Causation

Question 2

What is Duty of Care?

Answer 2

The obligation people owe each other not to cause any unreasonable harm or risk of harm

Question 3

Breach of Duty

Answer 3

A failure to exercise care or to act as a reasonable person would act

Question 4

Under Causation, what is Actual cause

Answer 4

“but for” test. But for the defendant’s conduct, would the accident have happened?

Question 5

Proximate cause

Answer 5

A point along the chain of events after which the negligent party is no longer legally responsible.

Question 6

What is Palsgraf v. The Long Island Railroad Company

Answer 6

explosive package at railroad station. Was unforeseeable so the railroad got off.

Question 7

What happened in liebeck v. McDonalds

Answer 7

Old lady spills coffee, receives 3rd degree burns, Mcdonalds gets sued for negligence, they settle for $600,000.

Question 8

Negligence per se

Answer 8

1. Statute existed
2. the statute was enacted to prevent the type of injury suffered
3. The plaintiff was within the class of persons meant to be protected by the statute
   A. School zone, If a child gets hurt by a speeding vehicle

Question 9

Res Ipsa Loquitur “The thing speaks for itself”

Answer 9

1. The defendant had exclusive control of the instrumentality or situation
2. The injury would not have ordinarily occurred but for someone’s negligence.

Question 10

Good Samaritan Laws

Answer 10

1. Statute that relieves a good samaritan for ordinary negligence when they stop and render aid to victims in emergency situations.
   A. Relieved from ordinary negligence, NOT Gross negligence or reckless or intentional conduct

Question 11

Vicarious Liability

Answer 11

An employer can be liable for employees, parents for children etc.

Question 12

Post remedial measures

Answer 12

Prohibits evidence of post remedial measures from being presented to the jury. Making changes so more people don’t get hurt.

Question 13

Assumption of risk

Answer 13

Defense assumes that plaintiff had knowledge of the risk and voluntarily assumed the risk

Question 14

Pure comparative fault

Answer 14

means a plaintiff can recover even if they are more than 50 percent liable for their injuries

Question 15

Civil assault

Answer 15

1. An act by defendant creating a reasonable apprehension in plaintiff
2. of immediate harmful or offensive contact to plaintiff’s person
3. Intent
4. Causation
   Act not seen you can hit them and it still be assault if they don’t see it coming

Question 16

Civil Battery

Answer 16

1. an unauthorized
2. Harmful or offensive physical contact with another person
3. That causes injury

Question 17

False Imprisonment

Answer 17

1. The intention confinement or restraint of another person
2. Without authority or justification
3. Without the persons consent

Question 18

What is the one exception to false imprisonment

Answer 18

Shopkeepers privilege

Question 19

Defamation

Answer 19

1. made an untrue statement of facts

2. the statement was accidentally or intentionally publisehd

Question 20

When defamation is in written form its called?

Answer 20

Libel

Question 21

When the defamation is orally stated what is it called?

Answer 21

Slander

Question 22

What is the ultimate defense of defamation?

Answer 22

The truth

Question 23

Chain of distribution

Answer 23

1. All in the chain are liable
2. all manufactures, distributors etc.
3. plaintiff can recover from all of thee above

Question 24

Statute of Repose

Answer 24

A statute that limits the sellers liability to a certain number of years.

Question 25

Search and Seizure

Answer 25

I have a legitimate right to privacy | Garbage on the street I do not have privacy to.

Question 26

What is probable cause?

Answer 26

specific and articulable facts that would lead a reasonable person to believe that a crime has been or is about to be committed

Question 27

Reasonable suspicion

Answer 27

Specific and articulable facts that would lead a reasonable police officer to believe that a crime has been or is about to be committed (Can search the immediate grab area)

Question 28

what are the 10 rules for a warrantless search

Answer 28

1. Consent 2. search incident to arrest 3. plain view 4. Plain feel 5. abandon property 6. inventory search 7. emergency/safety 8. Hot pursuit 9. Destruction of evidence 10. Exigent circumstances

Question 29

Exclusionary rule?

Answer 29

Evidence obtained in violation of the fourth amendment , and any fruit of that evidence ( fruit of the poisonous tree) is inadmissible at trial

Question 30

Privilege against Self-Incrimination

Answer 30

I plead the fifth

Question 31

Miranda Rights

Answer 31

a suspect must be informed of their rights

Question 32

Attorney-client privilege

Answer 32

attorneys can't tell anything that their client has said in private

Question 33

What is the exception to the Attorney client privilege?

Answer 33

Future crimes

Question 34

What is the spousal privilege

Answer 34

Spouses do not have to testify in a court of law. does not count for divorcees

Question 35

Double jeopardy

Answer 35

I cannot be tried twice for the same crime.

Question 36

Mens Rea

Answer 36

Mental state, evil mind, guilty mind, criminal intent

Question 37

Actus reus

Answer 37

The guilty act