#1
In negligence law, what is the 'duty of care'?
A legal obligation to exercise a certain standard of care to avoid causing harm to others
A duty imposed on the defendant to compensate the plaintiff for any harm caused
The requirement to prove intentional wrongdoing in a negligence case
The duty of the plaintiff to prove their innocence
#2
What is 'harm' in negligence law?
Physical injury only
Any loss suffered by the plaintiff
Emotional distress only
Financial loss only
#3
What is 'reasonable foreseeability' in negligence law?
The ability to predict any and all potential accidents
The foreseeability of a particular type of harm by a reasonable person
The defendant's ability to foresee the exact circumstances of an accident
The ability to foresee harm without any evidence
#4
What does 'breach of duty' entail in a negligence case?
Any failure to exercise duty of care
A breach of contract between the plaintiff and defendant
An intentional act of harm
A mere accident
#5
What is 'contributory negligence'?
A defense used by plaintiffs to avoid liability
A doctrine that holds both the plaintiff and defendant responsible for the harm caused
A doctrine that absolves the defendant of all liability if the plaintiff contributed to their own harm
A type of negligence only applicable to professional settings
#6
What is 'comparative negligence'?
A doctrine that compares negligence between multiple defendants
A defense used to avoid liability in negligence cases
A doctrine that proportionately reduces the plaintiff's recovery based on their degree of fault
A principle applicable only in medical malpractice cases
#7
What is 'loss of consortium' in negligence law?
The loss of property due to negligence
A claim for damages related to the loss of companionship or intimacy
The loss of income caused by a negligent act
A defense used by defendants to mitigate damages
#8
What is 'standard of care' in negligence cases?
The minimum level of care required to avoid liability
A measure of the plaintiff's carelessness
The level of care provided by professionals
A subjective measure of negligence
#9
What is 'dangerous instrumentality doctrine'?
A doctrine applicable in contract law
A principle holding owners liable for the negligent use of their property
A doctrine that absolves manufacturers from product liability
A defense used to shift blame to a third party
#10
What is 'premises liability'?
A doctrine that holds property owners liable for injuries that occur on their premises
A defense used in negligence cases
A principle applicable only in medical malpractice cases
A doctrine that absolves property owners from liability
#11
What is 'loss of chance' doctrine in medical malpractice cases?
A defense used by physicians to avoid liability
A principle that allows plaintiffs to recover damages for the loss of a chance of a better medical outcome
A doctrine that limits damages in medical malpractice cases
A principle applicable only in intentional torts
#12
What is 'medical negligence'?
Negligence involving medical professionals
Negligence that occurs in medical facilities
Negligence related to the manufacturing of medical devices
Negligence that occurs during medical research
#13
What is 'loss of society and companionship'?
A defense used by defendants in negligence cases
A type of damage claimed by family members for the loss of a loved one's companionship
A principle applicable only in intentional torts
A doctrine that absolves defendants from liability
#14
What is 'immunity' in the context of negligence law?
A defense used by plaintiffs to avoid liability
A defense used by defendants to avoid liability
A principle that absolves both parties from liability
A doctrine applicable only in intentional torts
#15
What is 'causation' in the context of negligence?
The act of causing harm intentionally
The link between the defendant's breach of duty and the plaintiff's harm
A legal term used only in criminal cases
The effect of unforeseeable events
#16
What is 'res ipsa loquitur'?
A Latin term meaning 'the thing speaks for itself'
A doctrine that shifts the burden of proof to the plaintiff
Proof of negligence based on the occurrence of an accident alone
A defense used by defendants in negligence cases
#17
What does 'duty to mitigate damages' mean in negligence law?
The plaintiff's duty to prevent further harm after an accident
The defendant's duty to minimize the plaintiff's damages
A duty imposed on the court to reduce the plaintiff's compensation
A doctrine that absolves the plaintiff from proving causation
#18
What is 'vicarious liability'?
A form of liability that arises from a special relationship, such as employer-employee
A liability shared between multiple defendants
A defense used by corporations to avoid negligence claims
A liability imposed on the plaintiff for contributing to their own harm
#19
What is 'proximate cause' in negligence law?
The first event in a chain of causation
The direct cause of an injury without any intervening factors
The foreseeable cause that sets in motion the chain of events leading to an injury
The cause that is furthest in time from the injury
#20
What is 'assumption of risk' as a defense in negligence?
A defense where the plaintiff admits to causing the harm
A defense where the defendant claims the plaintiff consented to the known risk
A defense only available in medical malpractice cases
A defense used to shift the burden of proof to the plaintiff
#21
What is 'sovereign immunity'?
A defense used by government entities to avoid liability in negligence cases
An immunity granted to individuals in power
An immunity applicable only in criminal cases
A defense used by corporations in negligence cases
#22
What is 'negligence per se'?
A Latin term meaning 'negligence itself'
A doctrine that establishes negligence based on a violation of a statute or regulation
A defense used to shift blame to the plaintiff
A principle that holds defendants liable regardless of their actions
#23
What is 'last clear chance' doctrine?
A doctrine that absolves the defendant of liability if they had the last opportunity to prevent the harm
A defense used to prove the plaintiff's negligence
A doctrine applicable only in medical malpractice cases
A principle used in contract disputes
#24
What is 'independent intervening cause'?
An act that breaks the chain of causation and absolves the defendant of liability
A doctrine applicable only in intentional torts
A principle used to prove proximate cause
A doctrine that shifts the burden of proof to the plaintiff
#25
What is 'necessity' as a defense in negligence?
A defense based on the plaintiff's essential needs
A defense used by defendants to prove their actions were necessary to prevent greater harm
A principle that limits damages in negligence cases
A doctrine applicable only in medical malpractice cases