The Basics Flashcards
1
Q
Prima Facie Case
A
- P power to sue
- D breached
- D caused an injury
- D was legal cause of injury
- P was damaged
2
Q
3 General Disability Rules
A
- D has failed to act to protect or rescue
- Wholly psychic
- Wholly economic
**Many exceptions for each
3
Q
Affirmative Defense Definition
A
Although there is a good prima facie case against the D, D has a defense which bars P’s recovery
4
Q
3 Types of Affirmative Defenses
A
- Privilege
- Immunity
- Contributory Negligence
5
Q
Who has burden of proof for affirmative defense?
A
DEFENDANT
