Bar Exam

Front 1

Negligence

Back 1

Under common law, negligence is the failure to exercise the standard of care that a reasonably prudent person would have exercised under the same set of facts. To establish a prima facie case of negligence, the following elements must be present: 1. duty 2. breach of duty 3. actual and proximate cause, and 4. damages

Front 2

Tresspasser

Back 2

Under common law, a trespasser is a person who enters the landowner's land without permission or privilege.

Front 3

Licensee

Back 3

Under common law, a licensee is a person who enters the landowner's land for his own purpose or business, with the landowner's permission, including social guests.

Front 4

Invitee

Back 4

Under common law, an invitee is a person who enters the landowner's ;ad because he was expressly or impliedly invited by the landowner.

Front 5

Contributory Negligence

Back 5

Under common law, a defendant in a contributory negligence jurisdiction may not be liable for negligence if the plaintiff was injured, in part, because of his own negligence.

Front 6

Comparative Negligence

Back 6

Under common law, comparative negligence allows a plaintiff, who would have been completely barred from recovery under contributory negligence, to recover a percentage of his claimed damages.

Front 7

Joint and Several Liability

Back 7

Under common law, multiple defendants may be joint and severally liable if two or more tortious acts combine to proximately cause an indivisible injury to a plaintiff.

Front 8

Battery

Back 8

Under common law, battery occurs when the defendant's voluntary acts cause harmful or offensive contact with the plaintiff's person or extended personality.

Front 9

Assault

Back 9

Under common law, assault occurs when the defendant's voluntary acts cause the plaintiff reasonable apprehension of immediate harmful or offensive conduct.

Front 10

Intentional Infliction of emotional distress

Back 10

Under common law, intentional infliction of emotion distress occurs when the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the plaintiff severe mental distress.

Front 11

False imprisonment

Back 11

Under common law, False imprisonment occurs when the defendant acts to intentionally cause confinement or restraint of the palintiff within a bounded area.

Front 12

Necessity

Back 12

Under common law, a person is justified in interfering with real or personal property of another when it is reasonable and apparently necessary to avoid threatened imminent injury and the potential for injury far outweighs the harmful intrusion of another's property interest.

Front 13

Negligence Per Se

Back 13

Under common law, negligence per se is a legal doctrine that provides that in certain circumstances a safety statue or regulation may be used to set the standard of care in a negligence case. To establish a breach of that standard under negligence per se, the following elements must be present:
1. the defendant violated the statute or regulation,
2. the violation caused the type of harm that the statue or regulation is designed to protect, and
3. the plaintiff belongs to the protected class the statue or regulation is designed to protect.

Front 14

Res ipsa loquitur

Back 14

Under common law, the doctrine of Res ipsa loquitur holds that, in some circumstances, the mere fact of an accident's occurrence raises an inference of unreasonable conduct so as to establish a breach of the duty owed to the plaintiff.