Gross Negligence MS

Question 1

1) I - D (name) may be charged with __ manslaughter, specifically Gross __ Manslaughter.

Answer 1

1) charged
2) negligence

Question 2

2) D - __ - Gross negligence manslaughter has __ stages that must be __.

Answer 2

1) Adomako
2) four
3) proved

Question 3

3) E - Stage 1 - The D must owe the _ a duty of __.

Answer 3

1) V
2) care

Question 4

4) Key Law: Adomako - “__ principles of negligence apply”.

Answer 4

1) ordinary

Question 5

5) FORESEEABLE - Is it __ that the V will be injured as a __ of the D’s __?

Answer 5

1) foreseeable
2) result
3) actions

Question 6

6) PROXIMITY - Do the D and V have a __ of legal __ (can you use __ to help?)

Answer 6

1) relationship
2) closeness
3) omissions

Question 7

7) REASONABLE - Is it __ to give a __ to the D?

Answer 7

1) reasonable
2) duty

Question 8

8) SIDE RULE - Joint __ - If D and V are jointly engaged in a __; they still owe each other a __ of care (Wacker)

Answer 8

1) enterprise
2) crime
3) duty

Question 9

9) APPLY the __ key questions to the scenario including any __ that are relevant (remember omissions key cases)

Answer 9

1) three
2) omissions

Question 10

10) E - Stage 2 - Has D __ the duty of care (__) “ Ordinary __ of negligence apply”.

Answer 10

1) breached
2) Adomako
3) principles

Question 11

11) Key question - Has the D acted like a __ person or have they __ to reach the __ of a reasonable person?

Answer 11

1) reasonable
2) failed
3) standard

Question 12

12) SIDE RULE - Do any __ help you here? (Contractual duty - __ / __ duty - Gibbons and Procter / Special relationship - __ + __ / ________ - Miller)
APPLY to the scenario

Answer 12

1) Pitwood
2) Voluntary
3) Gibbons + Procter
4) Creating a dangerous situation

Question 13

13) E - Stage 3 - Did the __ of duty involve a __ of death (__).
APPLY to the scenario.

Answer 13

1) breach
2) risk
3) Misra

Question 14

14) Tip - If there are any __ __ in your scenario, deal with them here.
E - Stage 4 - Is the breach of duty __?

Answer 14

1) causation issues
2) gross

Question 15

15) Key Law: Was the breach so bad that it ought to be a __? Did the D show a total __ for the life and __ of others? (___/Adomako)
APPLY to the scenario.

Answer 15

1) crime
2) disregard
3) safety
4) Bateman