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RMIN 4000 Test 4 Brown Questions and Answers 2024
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RMIN 4000 Test 4 Brown
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RMIN 4000 Test 4 BrownLegal wrong - answer a violation of a person's legal rights, or a failure to perform a legal
duty owed to a certain person or to society as a whole
types of legal wrong - answer crime, breach of contract, tort
Tort - answer a legal wrong for which the court allows a remedy in the form of monetary
damages
Plaintiff - answer the person who is injured
Tortfeasor - answer the alleged wrongdoer
three categories of tort - answerintentional, strict liability, negligence
Intentional tort - answerintentional act or omission resulting in harm or injury to another
person or damage to their property
examples of intentional tort - answer libel, slander, invasion of property, assault, battery
Strict liability - answerliability imposed regardless of negligence or fault
examples of strict liability - answerdefective products, damages caused by animals,
hazardous activities, workers compensation
negligence - answerfailure to exercise the standard of care required by law to protect
others from an unreasonable risk of harm
Standard of care - answerbased on the care required by a reasonably prudent person
elements of negligence - answerduty, breach, causation, damages
Compensatory damages - answercompensate the victim for losses actually incurred
Special damages - answerprovide compensation for medical expenses, lost earnings, or
property damages
General damages - answercannot be specifically measured (pain and suffering)
Punitive damages - answerdesigned to punish people and organizations so that others
are deterred from committing the same wrongful act
, legal defenses for negligence - answerthe ability to collect damages for negligence
depends on state law
legal defenses - answercontributory negligence, comparative negligence, last clear
chance rule, assumption of risk
contributory negligence - answerinjured person cannot collect damages if his or her
care falls below the standard of care required for his or her protection and if his or her
conduct contributed in any way to the injury
comparative negligence - answerthe financial burden of the injury is shared by both
parties according to their respective degrees of fault
Pure rule - answeryou can collect damages even if you are negligent, but your reward is
reduced in proportion to your fault
50 percent rule - answeryou cannot recover if you are 50 percent or more at fault
51 percent rule - answeryou cannot recover if you are 51 percent or more at fault
Last clear chance rule - answera plaintiff who is endangered by his or her own
negligence can still recover damages from the defendant if the defendant has a last
clear chance to avoid the accident but fails to do so
assumption of risk doctrine - answera person who understands and recognizes the
danger inherent in a particular activity cannot recover damages in the event of an injury
Imputed Negligence - answerunder certain conditions, the negligence of one person can
be attributed to another
vicarious liability law - answera motorist's negligence is imputed to the vehicle's owner
family purpose doctrine - answerthe owner of an auto can be held liable for negligent
acts committed by family members
joint business venture - answerNegligent actions of one business partner can be
imputed to other partners.
dram shop law - answera business that sells liquor can be held liable for damages that
may result from the sale of liquor
Res Ipsa Loquitur - answer"the thing speaks for itself"
-the very fact that the injury or damage occurs established a presumption of negligence
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