Liability Test

Question 1

Civil Law Private

Answer 1

Body of law that allows one individual to take legal action against another individual to recover for damages for that person’s rights and entitlements

Question 2

Examples of Civil Law

Answer 2

Tort of Negligence
Breach of Contract
Defamation

Question 3

Object of Civil Law

Answer 3

Compensation

Question 4

Source of Civil Law

Answer 4

Statutes, case law and regulations

Question 5

Burden of Proof from Civil Law

Answer 5

Preponderance of the evidence
Clear and convincing evidence

Question 6

Tort

Answer 6

Civil wrong which arises from the violation of a legal right that isn’t created by contact.

Violation of the private legal right other than a breach of contract which gives rise to a civil action for damages

Act or omission which unlawfully violates a person’s right create by the law and for which the appropriate remedy is action law for damage by the injured party.

Question 7

Intentional Tort

Answer 7

Any intentional act that is reasonably foreseeable to cause harm to an individual and does so

The intent to harm another must be deliberate for an intentional tort to exist, involve and overt act, and causation.

Question 8

Strict Liability

Answer 8

responsibility imposed on a party by virtue of a statute or case law, in the absence of intentional or negligence conduct

*inherently dangerous

to discourage reckless behavior, the law forces defendants to take every possible precaution

“*parents sign an acknowledgement that allows a child to get a temporary drivers license

Question 9

Negligence

Answer 9

failure to use due care by one person to another that a reasonable prudent person would exercise under the same circumstances
duty, breach of duty, proximate causation, damages

Question 10

Duty

Answer 10

Someone must either do or no do something
*driver has a duty to stop at a red light

Question 11

Breach of Duty

Answer 11

Violation or omission of a duty
*driver runs a red light

Question 12

Damages

Answer 12

Injury or loss of value

Question 13

Negligence

Answer 13

“Failure to use ordinary care”
*Someone does not exercise the amount of care that a reasonably careful person would use

*Someone does something that a reasonable careful would not do

…that causes injury or damage

Question 14

For someone to recover for injury or damages caused by an insured

Answer 14

the insured must be negligent

determined through a detailed analysis of the facts of what happened in the accident

Question 15

Measuring stick for a Prudent Person

Answer 15

“Due Care”
The reasonably prudent person is also a personification of an ideal of a reasonable behavior in every circumstance.

*Slowing to below the speed limit when there is inclement weather.

Question 16

Elements a claimant must prove totally to determine the liability for negligence.

Answer 16

Duty- Plaintiff was owed a duty.

Proximate Cause- There was proximate cause to show the breach caused the direct damage

Damages- The plaintiff suffered as a result of the breach.

Breach- the was a breach of that duty.

Question 17

What the claimant can use to show a loss as been caused by the insured

Answer 17

1. property damage
2. medical bills
3. emotional distress

Question 18

Negligence Statues

Answer 18

5 doctrines that states employ as the standard for applying recovery

Question 19

Negligence Defenses

Answer 19

Assumption of Risk- claimant voluntarily and knowingly assume the risk of the conduct

Last Clear Chance

Act of God or Nature

Sudden Emergency Doctrine

Question 20

Duties of a Motorist

Answer 20

Obey Traffic Signs
Be a Fit Driver
Keep Vehicle Under Control *visibility *opportunity
Maintain a Safe Vehicle
Keep a proper look out for others

Question 21

Examples of considerations used to evaluate general duties

Answer 21

Control of Intersection
*Speed at time of entry into intersection

Was driver stopped; reason driver was stopped (e.g., waiting for pedestrians, waiting to make left turns)

Drivers anticipating green light (e.g., ‘jumping the gun’)

Signaling by other drivers (e.g., ‘waving on’)
Rolling stops

Evidence/Facts of the Accident
*Points of impact
-Both parties and any witnesses

Question 22

Driver Behavior

Answer 22

Driver inattention

Use of cell phone

Distractions (internal or external)

Anticipation of likely events given the location and circumstances (Examples: Children in school zones, deer in rural areas)

Misjudged visual cues (Examples: Distances, speed, turning ratios of other vehicles)

Seeing and acting on other drivers’ signals

Not seeing visible unobstructed cars/objects

Checking mirrors and blind spots

Auditory signals (Examples: Radio too loud to hear sirens or other warnings, wearing headset)

If backing, driver was looking backwards or backing using mirrors

Question 23

Joint Liability

Answer 23

Each negligent party is responsible to pay the full amount of the total damages. Claimant can decide who to collect from

Question 24

Several Liability

Answer 24

Each negligent party is only liable to pay damages that reflect their percentage of negligence

Question 25

Joint and Several Liability

Answer 25

Each negligent party is responsible for the entire amount of damages being pursued by the claimant, regardless of the individual share of damages actually caused by each.

Question 26

Traffic Violations

Answer 26

Criminal Court, Proven beyond a reasonable doubt