MEE Torts Flashcards
Fill-in-the-blank tort rule statements for MEE
To establish a prima facie negligence case, a plaintiff must demonstrate ______, ______, _______, and _______ by ___________ evidence.
To establish a prima facie negligence case, a plaintiff must demonstrate duty, breach, causation, and damages by a preponderance of the evidence.
Defendants owe a duty of care to ___________ who may _____________ be injured by the defendant’s act or failure to act. The act or omission is judged according to how a ____________________ would act under the circumstances. In the majority of jurisdictions, a plaintiff is forseeable if ____________________. In the minority of jurisdictions, the defendant owes the duty to ___________________.
Defendants owe a duty of care to all foreseeable people who may foreseeably be injured by the defendant’s act or failure to act. The act or omission is judged according to how a resaonable person of ordinary prudence would act under the circumstances. In the majority of jurisdictions, a plaintiff is forseeable if she is in the zone of foreseeable harm. In the minority of jurisdictions, the defendant owes the duty to anyone who is harmed by the act or ommission, if the defendant could have foreseen harm to anyone.
Intentional torts require the plaintiff to show: 1) ________, 2) _________, and 3) _________.
Intentional torts require the plaintiff to show: 1) a voluntary act, 2) intent, and 3) causation.
Under the doctrine of joint and several liability, a plaintiff _________, seek recovery from each defendant. Following the recovery, the liable tortfeasors may sue each other for contribution if __________.
Under the doctrine of joint and several liability, a plaintiff may, but need not, seek recovery from each defendant. Following the recovery, the liable tortfeasors may sue each other for contribution if they have paid more than their fair share of the original plaintiff’s recovery.
Under strict products liability, ______ in the ______________ of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) ____________, (ii) ____________, and (iii) ___________________________. A manufacturing defect is a ___________ that causes harm to the plaintiff. The test is ________________.
Under strict products liability, merchants in the chain of distribution (manufacturers, distributors, retailers) of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) the product was defective, (ii) the defect existed when it left the defendant’s control, and (iii) the defect caused the injury when it was used in a foreseeable way. A manufacturing defect is a deviation from what the manufacturer intended the product to be that causes harm to the plaintiff. The test is whether the product conforms to the defendant’s own specifications.
Under strict products liability, ______ in the ______________ of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) ____________, (ii) ____________, and (iii) ___________________________. One type of defect is a design defect. The plaintiff may show the defect by showing that: 1) the product _____________ under the consumer expectation test, or 2) _________________ under the risk-utility test.
Under strict products liability, merchants in the chain of distribution (manufacturers, distributors, retailers) of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) the product was defective, (ii) the defect existed when it left the defendant’s control, and (iii) the defect caused the injury when it was used in a foreseeable way. One type of defect is a design defect. The plaintiff may show the defect by showing that: 1) the product is less safe than an average consumer would expect under the consumer expectation test, or 2) the product’s risks outweigh its benefits and there is a reasonable alternative design under the risk-utility test.
Under strict products liability, ______ in the ______________ of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) ____________, (ii) ____________, and (iii) ___________________________. A failure to warn one defect. A failure to warn claim requires the plaintiff to show: 1) ____________, 2) ___________, and 3) ________________.
Under strict products liability, merchants in the chain of distribution (manufacturers, distributors, retailers) of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) the product was defective, (ii) the defect existed when it left the defendant’s control, and (iii) the defect caused the injury when it was used in a foreseeable way. A failure to warn one defect. A failure to warn claim requires the plaintiff to show: 1) the plaintiff was not warned of the risks of the product, 2) the risks are not obvious to a normal user, and 3) the defendant was aware of such risks.
In strict products liability, a manufacturing defect is a ____________________________. The test is whether the product conforms to the _________________.
In negligence actions, the majority rule is that a duty of care is owed to all foreseeable plaintiffs within the zone of foreseeable danger.
Under the market share liability doctrine, if the plaintiff’s injuries are caused by a fungible product and _______________, the jury can apportion liability based on ___________________.
In negligence actions, the majority rule is that a duty of care is owed to all foreseeable plaintiffs within the zone of foreseeable danger.
Under the alternative liability doctrine, if the plaintiff’s harm was caused by (i) ____________, (ii) __________________, and (iii) _____________________, then the court may shift the burden of proof to each individual defendant to prove that his conduct was not the _____________ of the plaintiff’s harm
In negligence actions, the majority rule is that a duty of care is owed to all foreseeable plaintiffs within the zone of foreseeable danger.
Under the concert of action doctrine, if _________ and the ______________, then all the defendants will be held jointly and severally liable.
In negligence actions, the majority rule is that a duty of care is owed to all foreseeable plaintiffs within the zone of foreseeable danger.
Under the doctrine of joint and several liability, each of two or more tortfeasors who is found liable for a single and indivisible harm to the plaintiff is subject to liability to the plaintiff for _________.
Under the doctrine of joint and several liability, each of two or more tortfeasors who is found liable for a single and indivisible harm to the plaintiff is subject to liability to the plaintiff for the entire harm.
A domestic animal’s owner may be ________ for harm caused by the animal when _______ and the harm ________.
A domestic animal’s owner may be strictly liable for harm caused by the animal when the owner is aware of its dangerous propensities and the harm was caused by those dangerous propensities.
Under the theory of alternative causation, if the plaintiff’s harm was caused by________________, ____________, and _________, the court may shift the burden of proof to the defendants to prove that his conduct was not the cause of the plaintiff’s harm. However, the initial burden is on the plaintiff to prove _______________.
Under the theory of alternative causation, if the plaintiff’s harm was caused by a small number of defendants (usually between two and five), all of those defendants acted tortiously, and all of them are before the court, the court may shift the burden of proof to the defendants to prove that his conduct was not the cause of the plaintiff’s harm. However, the initial burden is on the plaintiff is to prove that all of the defendants did, in fact, act negligently.
Res ipsa loquitor can be used against multiple defendants if the plaintiff is unable to prove who among them was negligent, but this is generally used _____________, such as ___________, or occasionally in _________ actions. Typically, to hold two or more defendants responsible for one harm, there must be some evidence of ______________.
Res ipsa loquitor can be used against multiple defendants if the plaintiff is unable to prove who among them was negligent, but this is generally used against parties who are at least acting in concert, such as in a surgical setting in a medical malpractice action, or occasionally in products liability actions. Typically, to hold two or more defendants responsible for one harm, there must be some evidence of negligence on the part of both defendants.
