#1
What is Comparative Negligence?
A legal doctrine that assigns a percentage of fault to each party involved.
ExplanationAssigns fault percentages to parties.
#2
Which term is often used to describe situations where a plaintiff's own negligence contributes to their injury?
Contributory Negligence
ExplanationPlaintiff's negligence contributing to injury.
#3
How does Comparative Negligence impact settlements in civil cases?
It encourages parties to settle disputes outside the court.
ExplanationEncourages out-of-court settlements.
#4
In a Comparative Negligence system, how does the percentage of fault affect the damages awarded?
The damages are reduced based on the percentage of fault assigned.
ExplanationDamages reduction based on fault percentage.
#5
Which legal systems commonly use Comparative Negligence?
Both Common Law and Civil Law systems.
ExplanationCommonly used in Common Law and Civil Law systems.
#6
What is the primary goal of Comparative Negligence?
To allocate fault and damages fairly among all parties.
ExplanationFair allocation of fault and damages.
#7
In Comparative Negligence, what is the role of the jury or judge?
They assign fault percentages and apportion damages among the parties.
ExplanationAssigns fault percentages and distributes damages.
#8
How does Assumption of Risk relate to Comparative Negligence?
Assumption of Risk is a defense to Comparative Negligence.
ExplanationAssumption of Risk is a defense.
#9
What is the main advantage of a Comparative Negligence system over a Contributory Negligence system?
It allows for a fairer distribution of damages based on fault.
ExplanationEnables fair distribution of damages.
#10
What is the key difference between Contributory Negligence and Comparative Negligence?
Contributory Negligence does not consider fault percentages, unlike Comparative Negligence.
ExplanationContributory Negligence ignores fault percentages.
#11
In a jurisdiction with Pure Comparative Negligence, how does it handle cases where one party is 100% at fault?
The party at fault is held responsible for all damages.
ExplanationFull responsibility for damages if 100% at fault.
#12
How does Modified Comparative Negligence differ from Pure Comparative Negligence?
Pure Comparative Negligence considers fault percentages, while Modified Comparative Negligence does not.
ExplanationPure considers fault percentages; Modified does not.
#13
What is the '50% Rule' in Modified Comparative Negligence?
If a party is more than 50% at fault, they are not entitled to any damages.
ExplanationNo damages if over 50% at fault.
#14
In jurisdictions with Pure Comparative Negligence, what principle guides the determination of damages when both parties are at fault?
The damages are reduced proportionally to each party's percentage of fault.
ExplanationProportional reduction of damages for both parties.
#15
In a Modified Comparative Negligence system with a 50% threshold, what happens if a party is found to be 49% at fault?
The party at fault is still eligible for a reduced amount of damages.
ExplanationEligible for reduced damages if under 50% at fault.