Exam 8: Negligence and Strict Liability

Express voluntary assumption of the risk is a defense to an action based upon strict liability.

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered.Then Sally went into the kitchen to make hamburger patties.While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet.In a pure comparative negligence state, who is liable?

Match each statement with the correct term below.a.Standard of review applicable to governmental action involving classifications based on race.b.Examination of potential jurors.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.Involves a court's determination of whether a particular governmental action is compatible with individual liberties.e.The initial pleading in a case in which the plaintiff states her allegations.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Authority of more than one court to hear the same case.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Standard of review applicable to classification based on gender or legitimacy.l.Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.m.Authority of a court to hear a case based on claims against property.n.Government's power to take private property for public use with payment of just compensation.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal, written, responsive statements by each side to a lawsuit.q.Division of governing power between the federal government and the states.r.Final, binding determination on the merits made by a judge before trial.s.The particular geographical place where a lawsuit should be brought.t.Basis for discretionary review by the Supreme Court. -complaint

MATCHING Part II Matching Match each statement with the correct term below.a.Branch of public law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which, if violated, constitute a wrong against the entire community.g.Theory that society's rewards should be distributed based on market outcomes.h.A body of law based upon principles distinct from common law and providing remedies not available at law.i.A court order requiring a party to do or to refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Part of substantive law governing relationships among individuals and legal entities.l.Rules for enforcing rights.m.The law dealing with the relationship between government and individuals.n.Party bringing a civil action.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.s.Basic law that creates rights and duties.t.Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. -rescission

Match each statement with the correct term below.a.Standard of review applicable to governmental action involving classifications based on race.b.Examination of potential jurors.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.Involves a court's determination of whether a particular governmental action is compatible with individual liberties.e.The initial pleading in a case in which the plaintiff states her allegations.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Authority of more than one court to hear the same case.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Standard of review applicable to classification based on gender or legitimacy.l.Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.m.Authority of a court to hear a case based on claims against property.n.Government's power to take private property for public use with payment of just compensation.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal, written, responsive statements by each side to a lawsuit.q.Division of governing power between the federal government and the states.r.Final, binding determination on the merits made by a judge before trial.s.The particular geographical place where a lawsuit should be brought.t.Basis for discretionary review by the Supreme Court. -discovery

Match each statement with the correct term below.a.Mental fault; the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime, including the wrongful, physical act.d.Unauthorized use of a person's name or likeness for his own benefit.e.Liability for nonintentional and nonnegligent conduct.f.The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.g.The provision in the Constitution stating that within its sphere, federal law in conformity with the Constitution is supreme, and in cases of conflict, state law must yield.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest.j.The crime of fraudulently taking the property of another by one who was in lawful possession of the property.k.The crime of entering a building with intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong, such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Immunity from tort liability.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Intentional exercise of dominion or control over another's personal property.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a plea.y.Rule that permits the jury to infer both negligent conduct and causation. -appropriation

Match each statement with the correct term below.a.Mental fault; the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime, including the wrongful, physical act.d.Unauthorized use of a person's name or likeness for his own benefit.e.Liability for nonintentional and nonnegligent conduct.f.The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.g.The provision in the Constitution stating that within its sphere, federal law in conformity with the Constitution is supreme, and in cases of conflict, state law must yield.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest.j.The crime of fraudulently taking the property of another by one who was in lawful possession of the property.k.The crime of entering a building with intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong, such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Immunity from tort liability.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Intentional exercise of dominion or control over another's personal property.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a plea.y.Rule that permits the jury to infer both negligent conduct and causation. -arraignment

In determining a defendant's liability for negligence, his or her superior skill or knowledge will be attributed in applying the reasonable person standard, thus increasing the chance that the defendant may be held liable.

Match each statement with the correct term below.a.Standard of review applicable to governmental action involving classifications based on race.b.Examination of potential jurors.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.Involves a court's determination of whether a particular governmental action is compatible with individual liberties.e.The initial pleading in a case in which the plaintiff states her allegations.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Authority of more than one court to hear the same case.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Standard of review applicable to classification based on gender or legitimacy.l.Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.m.Authority of a court to hear a case based on claims against property.n.Government's power to take private property for public use with payment of just compensation.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal, written, responsive statements by each side to a lawsuit.q.Division of governing power between the federal government and the states.r.Final, binding determination on the merits made by a judge before trial.s.The particular geographical place where a lawsuit should be brought.t.Basis for discretionary review by the Supreme Court. -intermediate test

MATCHING Part II Matching Match each statement with the correct term below.a.Branch of public law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which, if violated, constitute a wrong against the entire community.g.Theory that society's rewards should be distributed based on market outcomes.h.A body of law based upon principles distinct from common law and providing remedies not available at law.i.A court order requiring a party to do or to refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Part of substantive law governing relationships among individuals and legal entities.l.Rules for enforcing rights.m.The law dealing with the relationship between government and individuals.n.Party bringing a civil action.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.s.Basic law that creates rights and duties.t.Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. -stare decisis

Match each statement with the correct term below.a.Standard of review applicable to governmental action involving classifications based on race.b.Examination of potential jurors.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.Involves a court's determination of whether a particular governmental action is compatible with individual liberties.e.The initial pleading in a case in which the plaintiff states her allegations.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Authority of more than one court to hear the same case.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Standard of review applicable to classification based on gender or legitimacy.l.Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.m.Authority of a court to hear a case based on claims against property.n.Government's power to take private property for public use with payment of just compensation.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal, written, responsive statements by each side to a lawsuit.q.Division of governing power between the federal government and the states.r.Final, binding determination on the merits made by a judge before trial.s.The particular geographical place where a lawsuit should be brought.t.Basis for discretionary review by the Supreme Court. -arbitration

Match each statement with the correct term below.a.Mental fault; the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime, including the wrongful, physical act.d.Unauthorized use of a person's name or likeness for his own benefit.e.Liability for nonintentional and nonnegligent conduct.f.The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.g.The provision in the Constitution stating that within its sphere, federal law in conformity with the Constitution is supreme, and in cases of conflict, state law must yield.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest.j.The crime of fraudulently taking the property of another by one who was in lawful possession of the property.k.The crime of entering a building with intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong, such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Immunity from tort liability.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Intentional exercise of dominion or control over another's personal property.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a plea.y.Rule that permits the jury to infer both negligent conduct and causation. -RICO

Match each statement with the correct term below.a.Standard of review applicable to governmental action involving classifications based on race.b.Examination of potential jurors.c.A nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision.d.Involves a court's determination of whether a particular governmental action is compatible with individual liberties.e.The initial pleading in a case in which the plaintiff states her allegations.f.A nonbinding process in which a third party acts as an intermediary between the disputing parties without proposing solutions.g.Authority of more than one court to hear the same case.h.A judgment against a defendant who fails to respond to a complaint.i.A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict.j.The pretrial exchange of information between the opposing parties in a lawsuit.k.Standard of review applicable to classification based on gender or legitimacy.l.Authority of a court to hear a case that is based on claims against a person in contrast to claims against his property.m.Authority of a court to hear a case based on claims against property.n.Government's power to take private property for public use with payment of just compensation.o.A nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.p.A series of formal, written, responsive statements by each side to a lawsuit.q.Division of governing power between the federal government and the states.r.Final, binding determination on the merits made by a judge before trial.s.The particular geographical place where a lawsuit should be brought.t.Basis for discretionary review by the Supreme Court. -eminent domain

All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.

MATCHING Part II Matching Match each statement with the correct term below.a.Branch of public law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which, if violated, constitute a wrong against the entire community.g.Theory that society's rewards should be distributed based on market outcomes.h.A body of law based upon principles distinct from common law and providing remedies not available at law.i.A court order requiring a party to do or to refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Part of substantive law governing relationships among individuals and legal entities.l.Rules for enforcing rights.m.The law dealing with the relationship between government and individuals.n.Party bringing a civil action.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.s.Basic law that creates rights and duties.t.Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. -libertarianism

Jack is a trucker who makes his living moving modular homes.This is a dangerous business in that the portions of the houses, when on the truck, are wider than the road lanes.Also, Jack frequently has to travel much more slowly than the other vehicles on the road.One day Jack, on his way to Atlanta with a modular home in tow, found himself approaching two trucks coming from the opposite direction with the words "High Museum Exhibits" on the truck panels.When Jack swerves to avoid a bicyclist, the High Museum truck runs off the road and tumbles down an embankment.No one is harmed, but the painting exhibit being transported is damaged.Discuss the various theories of liability that might be applied here and why they would be appropriate.

MATCHING Part II Matching Match each statement with the correct term below.a.Branch of public law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which, if violated, constitute a wrong against the entire community.g.Theory that society's rewards should be distributed based on market outcomes.h.A body of law based upon principles distinct from common law and providing remedies not available at law.i.A court order requiring a party to do or to refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Part of substantive law governing relationships among individuals and legal entities.l.Rules for enforcing rights.m.The law dealing with the relationship between government and individuals.n.Party bringing a civil action.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.s.Basic law that creates rights and duties.t.Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. -deontology

What activities give rise to strict liability and what defenses are available to strict liability?

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

Match each statement with the correct term below.a.Mental fault; the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime, including the wrongful, physical act.d.Unauthorized use of a person's name or likeness for his own benefit.e.Liability for nonintentional and nonnegligent conduct.f.The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.g.The provision in the Constitution stating that within its sphere, federal law in conformity with the Constitution is supreme, and in cases of conflict, state law must yield.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest.j.The crime of fraudulently taking the property of another by one who was in lawful possession of the property.k.The crime of entering a building with intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong, such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Immunity from tort liability.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Intentional exercise of dominion or control over another's personal property.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a plea.y.Rule that permits the jury to infer both negligent conduct and causation. -Supremacy Clause