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27 Cards in this Set
- Front
- Back
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Define: tort.
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A civil wrong, other than a breach of contract, for which the offender must pay damages.
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What kind of tort would be classified as a "deliberate wrong"?
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Intentional.
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What kind of tort is classified as "inadvertent or accidental wrong"?
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Negligent tort.
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What is strict liability?
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Wrongs for which the offender is held liable regardless of his motivation or ability to prevent the injury.
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Define: negligence.
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Conduct that falls below the legally established standards of careful behavior and thereby causes injury to others.
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4 Negligence Requirements.
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1= Proof of injury.
2= Proof of cause of injury. 3= Proof that defendant breached a duty of care owed the plaintiff. 4= Proof that breach of duty of care by defendant proximately resulted in the injury to the plaintiff. |
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If the negligent conduct of the defendant does not result in harm to anyone else, is the defendant liable?
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No.
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What does it mean when a case is dismissed "with prejudice"?
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The action can't be brought again.
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Why is the plaintiff suing in the Smythe v. Red Cross case?
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Because Smythe found out that she was HIV + after receiving a blood transfusion from the hospital and believes that they did not run all of the proper tests on the blood.
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What was the ruling in Smythe v. Red Cross?
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In favor of defendant, because defendant did not show negligence and performed all duties promised in contract.
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4 elements of actionable negligence
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1= Duty to exercise reasonable care.
2= Breach of duty to exercise reasonable care. 3= Proximate (or legal) cause. 4= Actual harm. |
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What is the issue in Michnik v. Gordon's Liquors?
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Whether a 3rd party is liable and blamed for negligence in the case of a minor drunk driving accident resulting in death.
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How did the court rule in the Michnik v. Gordon's Liquors case?
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In favor of plaintiff because there was enough evidence in this case to show that the death involved was a likely consequence of defendant's negligence.
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How long is the statute of limitations for medical malpractice?
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2 years.
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How long is the statute of limitations in other forms besides medical malpractice?
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3 years.
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What is the hardest to prove element of actionable negligence?
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Breach of duty.
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What is proximate cause?
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A cause that directly or with no intervening agency produces an effect.
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What is the issue in Hosein v. Checker Taxi?
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Whether Checker was under a common law duty to protect taxicab-lessee from the criminal acts of 3rd parties while using the cab.
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What is the holding in Hosein v. Checker Taxi?
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In favor of defendant because at common law, in the absence of a special relationship between defendant and the injured person, there's no duty imposed upon defendant to protect an injured party against the criminal acts of 3rd parties.
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What is are 2 examples of a "common carrier"?
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Bus or cab.
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Who is the appellant in the Beauchene v. Synanon case?
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Beauchene.
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Who is the appellee in the Beauchene v. Synanon case?
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Synanon.
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What is the issue in Beauchene v. Synanon?
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Whether defendant was under duty of care to plaintiff because of escaped prisoners' gunshot wounds to plaintiff.
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What is Gov't Code Sect 845.8?
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Establishes that a public entity/employee enjoys absolute liability for injury caused by ... escapee, arrested person, person resisting arrest, etc.
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What is the holding in Beauchene v. Synanon?
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In favor of defendant to prevent the hinder in development of innovative criminal offender release and rehab programs.
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What is the issue in McMahon .. v. St Croix Falls School?
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Whether the school district owed plaintiff a duty of care by not calling to notify that Andrew was not in school, and whether this breach of duty caused plaintiff to prevent their son from committing suicide.
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What is the ruling in McMahon v. St Croix Falls School?
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In favor of defendant because even if defendant had called, the suicide is an intervening and superseding cause and too remote from the negligence to render the district liable.
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