PLA 3277 Final Exam Questions & Answers 2024/2025
Burden of Proof - ANSWERS- the plaintiff bears the burden of proving actual causation by the preponderance of the evidence
- if the defendant argues that the plaintiff would have been injured even if the defendant would not have been negligent...
Burden of Proof - ANSWERS- the plaintiff bears the burden of proving actual causation by the
preponderance of the evidence
- if the defendant argues that the plaintiff would have been injured even if the defendant would not have
been negligent, then the plaintiff must show that the defendant's negligence greatly enhanced the
chances of harm occurring
- if two defendants are negligent but only one could have caused the plaintiffs injury, the burden of proof
will be thrust back on teh defendants to show who actually caused the harm
-
Theory of Alternate Liability - ANSWERS- developed in Summers v. Tice
- each negligent tortfeasor must prove that his actions did not cause the plaintiff's injuries
- if one fails to make such proof, both defendant's will be found liable
Market Share Liability Theory - ANSWERS- developed in Sindell v. Abbot Laboratories
- allows recovery to the plaintiff who can show that the defendants were negligent but cannot prove
which of the defendants caused the injury
- the court reasoned that when it came down to a conflict between an innocent plaintiff and negligent
defendants, the laltter should bear the cost of any injuries
Concerted Action Theory - ANSWERS- plaintiffs must show that a tacit agreement existed among the
defendants to perform a tortorious act
- to do this the plaintiff must show the existence of a common plan or that the defendants assisted or
encouraged each other in accomplishing a tortious result
Lost Chance of Recovery Theory - ANSWERS- allows medical malpractice plaintiffs to recovery if they can
prove a loss of the chance to recover, even if they cannot prove that the doctors negligence resulted in a
loss of life
, What is a civil wrong? - ANSWERS
Public Policy - ANSWERS- the interests and goals of society at large and the community in which we live
- local, state, and national communities have public policies that dictate the norms of the community or
the public based on its beliefs and values regarding justice, fairness, and equality
- all laws, including tort law, are based in some part on the public policy of the society and/or the
community
- understanding public policy is essential to understanding tort law
Individual Rights - ANSWERS
Society's Rights - ANSWERS
Negligence - ANSWERS- emerged as a compromise between victims and public transportation companies
- rise of negligence as a cause of action coincided with the disintegration of actions in trespass and
trespass on the case
Duty (Negligence) - ANSWERS- legal obligation to act reasonably and arises out of our relationship to
others
- the defendants duty is to act reasonably
- the question of duty is essentially a question of whether a defendant is under an obligation to protect
the plaintiff
- the nature of the duty varies depending on the nature of the relationship
- generally, a legal obligation exists only when a direct relationship between the defendant and the
plaintiff exists
- a duty to the plaintiff may also arise, however, if a relationship exists between the defendant and a
third party whose negligence cause injury to the plaintiff
Relational Approach to Duty - ANSWERS- the nature of the relationship between the parties determines
whether the defendant has a duty to protect the plaintiff
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