Part 7 (Negligence Principles)

Question 1

What is Negligence?

Answer 1

Conduct posing an unreasonable risk of harm (careless conduct)

Question 2

What is Intentional Injury?

Answer 2

Purpose (subjective desire to cause a forbidden result) and Knowledge (substantial certainty that a forbidden result will occur)

Question 3

What are the 4 Negligence Principles?

Answer 3

Duty, Breach, Causation, and Damages

Question 4

What is Recklessness?

Answer 4

(subjectively) conscious disregard of a serious risk

(objectively) risk totally disproportionate to utility

Question 5

What are the 4 ways to establish the Reasonable Person Standard (Reasonable Conduct)?

Answer 5

1. Fact-finder (based on the facts of the particular case)
2. Judge made (as a matter of law)
3. Legislatively made (expressly or implicitly providing for civil liability)
4. Judicially declared standard based on legislation

Question 6

What are the Good Samaritan Statutes?

Answer 6

Generally, no duty to act for the benefit of others (but there are exceptions). Person rendering aid will not be held liable for ordinary negligence

Question 7

What is Legal Malpractice?

Answer 7

Where clients are entitled to expect that their attorney is competent

Question 8

What are the 3 Views of the Effect of Unexcused Violations of a Statute (What are the 3 types of Negligence)

Answer 8

Negligence per se
Prima facie negligence
Some evidence of negligence

Question 9

What are the 5 excuses for Violating a Statute?

Answer 9

1. Incapacity to comply (childhood, physically unable)
2. Inability to comply despite diligence
3. Does not know nor should know of factual circumstances rendering the statute applicable
4. Statute is vague
5. Greater risk of harm

Question 10

Prima Facie Negligence?

Answer 10

referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case

Question 11

Negligence Per se

Answer 11

whereby an act is considered negligent because it violates a statute (or regulation)