exam 2 review

Question 1

RICO stands for

Answer 1

Racketeer Influenced and Corrupt Organization Act

Question 2

6 Elements of Negligence per Se

Answer 2

duty exists, statute provides for civil liability, breach, harm, factual causation, foreseeability

Question 3

foreseeability

Answer 3

Harm the type the statute/reg was intended to prevent

Question 4

Res Ipsa Loquitu

Answer 4

The thing speaks for itself

Question 5

What elements are Inferred during RIL?

Answer 5

Breach, Proximate Cause

Question 7

Defenses to Negligence

Answer 7

Contributory Negligence, Assumption of Risk, Signed Waiver

Question 8

Contributory Negligence

Answer 8

If Plaintiff a small % at fault – Plaintiff does NOT recover ANYTHING

Question 9

2 Types of Comparative Negligence

Answer 9

Pure, Modified

Question 10

Pure Comparative Negligence

Answer 10

reduce Plaintiff’s recovery by Plaintiff’s % fault

Question 11

Modified Comparative Negligence

Answer 11

Plaintiff fault ≥ 50% or 51% - Plaintiff does NOT recover

Question 12

Example of Plaintiff “assuming the risk”

Answer 12

Using a defective product

Question 13

Waiver Document must be:

Answer 13

Clear, Strictly Construed

Question 14

Trespassing Dogs and Cats

Answer 14

Only if negligence

Question 15

Wild Animal

Answer 15

Strictly Liable

Question 16

Defenses to Strict Liability

Answer 16

Contributory Negligence, Comparative Negligence, Assumption of Risk