Exam 8: Negligence and Strict Liability

Liability for the negligent conduct of a defendant requires not only that the conduct in fact caused injury to the plaintiff but also that it was the proximate cause of the injury.

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. -nuisance

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. -default judgment

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. -mens rea

A licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

The Third Restatement of Torts has abandoned the defense of implied voluntary assumption of risk.

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. -in personam jurisdiction

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. -voir dire

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. -reasonable person

Chris and Bev just purchased a house and twenty acres.They now have the right to use that property:

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. -private law

Sarina goes to Marlin's Department Store to look for clothes.The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle.Sarina trips over the clutter and is injured.Sarina's status with regard to the store is that of:

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. -substantive due process

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. -federalism

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. -felony

Which of the following is correct with respect to the reasonable person standard?

Frank, after drinking too much alcohol, would be held to a lower standard of care than if he were sober, because a reasonable drunk person is less careful than a reasonable sober one.

If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors, the animal's keeper would be liable for any damages done by the dog's playfulness.

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. -licensee

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.