Exam 8: Negligence and Strict Liability

Robin owns a dog.If there are no applicable statutes, what is her liability for damage if her dog digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her neighbor's flower garden is her pet pot-bellied pig?

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. -writ of certiorari

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. -maxim

If a defendant acts under emergency conditions, these conditions will be taken into account in applying the reasonable person standard.