Extra Study Group

Question 1

Negligence Per Se Excuses

Answer 1

(1) Incapacity; (2) Doesn’t know/shouldn’t know the statute; (3) Could not comply even through reasonable care; (4) D is in an emergency they did not create; (5) Compliance would cause greater risk.

Question 2

When to use the Daubert Test

Answer 2

Expert testimony is needed in negligence

Question 3

Elements of the Daubert test

Answer 3

(1) Reflects scientific knowledge and (2) relevant to the issue

Question 5

9 Torts defenses

Answer 5

Consent, Self-Defense, Defense of others, Defense of Property, Recovery of property, Public necessity, Authority of Law, Discipline, and justification

Question 6

Rescue Doctrine

Answer 6

If a party’s negligence necessitates rescue, then the party is liable for any damages sustained in the process of rescue

Question 7

Negligence per se excuses

Answer 7

(1) Incapacity, (2) doesn’t know or can’t know the statute, (3) Cannot comply even with reasonable diligence, (4) D acting under emergency of own making, (5) Compliance creates greater risk.

Question 8

Daubert Test

Answer 8

Expert witness testimony must be backed by good science

Question 9

Defenses of negligence

Answer 9

Contributory, Comparative Pure, Comparative modified 49%, Comparative Modified 50%, last clear chance, express and implied assumption of risk, failure to take precautions, and failure to mitigate damages.