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LEGL 2700 Jason Epstein UGA Final Exam Questions and Answers | Latest Version | 2024/2025 | Graded A+
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LEGL 2700 Jason Epstein UGA Final Exam Questions and Answers | Latest Version | 2024/2025 | Graded A+ What are the elements required to prove negligence? The elements required to prove negligence are duty of care, breach of duty, causation, and damages. What is the difference between a t...

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  • September 4, 2024
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LEGL 2700 Jason Epstein UGA Final
Exam Questions and Answers | Latest
Version | 2024/2025 | Graded A+

What are the elements required to prove negligence?


✔✔ The elements required to prove negligence are duty of care, breach of duty, causation, and

damages.




What is the difference between a tort and a crime?


✔✔ A tort is a civil wrong for which a plaintiff can seek damages, while a crime is a wrong

against the state that results in criminal prosecution and punishment.




What is duty of care in negligence claims?


✔✔ Duty of care is the legal obligation to act with the level of care that a reasonable person

would in similar circumstances to prevent harm to others.




How does contributory negligence impact a negligence claim?


✔✔ Contributory negligence reduces or eliminates a plaintiff’s ability to recover damages if they

are found to be partially at fault for their own injuries.



1

,What is the role of foreseeability in determining negligence?


✔✔ Foreseeability helps determine if the harm was a predictable result of the defendant's actions

and whether the defendant should have anticipated the risk.




What does proximate cause refer to in negligence cases?


✔✔ Proximate cause refers to the primary cause of injury that is legally sufficient to hold the

defendant liable for damages.




What is the concept of res ipsa loquitur?


✔✔ Res ipsa loquitur is a legal doctrine allowing a presumption of negligence based on the

nature of the accident and the defendant's control over the situation.




What is comparative fault in tort law?


✔✔ Comparative fault is a principle that assigns a percentage of fault to each party involved in a

tort, affecting the amount of damages awarded.




What are punitive damages?




2

,✔✔ Punitive damages are awarded in addition to compensatory damages to punish the defendant

for egregious conduct and deter similar behavior in the future.




What is negligence per se?


✔✔ Negligence per se is when an act is considered negligent because it violates a statute or

regulation designed to protect public safety.




How is duty of care established in a negligence claim?


✔✔ Duty of care is established by showing that the defendant had a legal obligation to act

reasonably toward the plaintiff to avoid causing harm.




What is the difference between economic and non-economic damages?


✔✔ Economic damages compensate for financial losses like medical expenses and lost wages,

while non-economic damages cover intangible losses such as pain and suffering.




What does mitigation of damages require from the plaintiff?


✔✔ Mitigation of damages requires the plaintiff to take reasonable steps to reduce or prevent

further harm or loss after an injury or breach.




3

, What is the reasonable person standard used for in negligence cases?


✔✔ The reasonable person standard is used to assess whether the defendant’s conduct was

reasonable and met the expected level of care in similar situations.




What is the legal principle behind assumption of risk?


✔✔ Assumption of risk is the principle that a person who knowingly and voluntarily engages in

an activity that involves inherent risks cannot claim damages for injuries resulting from those

risks.




What is negligent infliction of emotional distress?


✔✔ Negligent infliction of emotional distress occurs when a person’s negligence causes severe

emotional suffering to another, even if there is no physical injury.




What is tortious interference with a contract?


✔✔ Tortious interference with a contract occurs when a third party intentionally disrupts an

existing contractual relationship between two other parties.




How does assumption of risk serve as a defense in tort law?




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