1, 3, & 5. BUS LAW

Strict Liability & Negligence

If Joe carelessly leaves a box of explosives unsecured at the construction site and teenagers sneak in to the site, steal explosives and then are injured trying to detonate the explosives. Joe could be sued for:

Then no tort exists.

If there is no legally recognizable injury or harm

True

"Causation" in a negligence case is the requirement to show the defendants breach of their duty of care is what caused the plaintiff's injury.

ORPP/USC

A 16 year old is rollerblading on the side walk and injures an elderly person. The duty of care of the teenager is...

Highest standard of care for that professional specialty

A Orthopedic Specialists duty of care is...

stare decisis

A doctrine under which judges follow the precedents set in prior decisions

Breach of Duty of Care

A failure to exercise care or to act as a reasonable person would act. Did the defendant breach their duty of care to the plaintiff? Negligence per se Res Ipsa Loquitur

False

A professional baseball player for the Twins would be held to a professional's Duty of Care.

Case Law

Announced in court decisions, reported cases that interpret judicial precedents, statues, regulations, and constitutional provisions.

Malpractice

Another common name for negligence by a professional

Assault

Any word or action intended to make another person fearful of immediate physical harm (threat). Ex. Joe threatens to punch Bill in the nose

Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

Prima Facia Case

Bare legal minimum that needs to be established for the court to move forward with an issue. Prima facia can be determined by only looking at the moving party's fact and allegations on its face and assuming without finding that everything they say is true

Probably not if that is an obvious risk

Does joe's sports bar have to warn its customers about slippery floors if they allow customers to drop peanut shells on the floor from the free peanuts that joe's gives their customers?

Negligent

Extreme & outrageous conduct. Exceeding the bounds of decency of society.

HOT

Harmful or Offensive Touching

Duty of Care

How an ordinary reasonable prudent person would have acted under similar circumstances. -Physical impairments, mental impairments, children, professionals, landowners, rescuers.

True

Rules issued by various administrative agencies affect almost every aspect of a business's operation.

Assumption of Risk

Sara breaks her leg in a fall while snow skiing on the college ski team. If she sues the ski lodge the lodge's most likely defense will be:

Liable, Strict Liability

Sara has a cute cuddly black bear cub. While letting the cub sit in the neighbor kid's lap, the playful cub accidentally scratches the kid's face requiring stitches. Sara is probably:

Superceding Cause

Sara was treated for injuries in the emergency room of the hospital for a minor eye injury caused by Joe's careless behavior. The nurse in the E.R. mistakenly puts the wrong medicine in Sara's eye causing blindness. If Sara sues Joe for her blindness his best defense would be:

The detention is conducted in a reasonable manner & the detention is limited to a reasonable length of time.

Store owners may detain a suspected shop lifter as long as:

Liability without fault

Strict Liability can be simply defined as:

Administrative Law

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

Constitutional Law

The body of law derived from the U.S. Constitution and the constitutions of the various states.

False

The doctrine of stare decisis dictates that courts must always follow precedent.

a standard based on how other rural general practice doctors would have acted under similar circumstances.

The duty of care of a rural doctor who is a general practioner is:

the injury must be the reasonably foreseeable result of the breach.

The test, articulated in Palsgraf v LIRRR Co., for proximate causation is

Negligence per se

if a driver fails to stop at a stop sign and crashes into another vehicle, this doctrine may be used to expedite the plaintiff's cause.

Probably isn't.

Joe accidentally pokes Bill in the eye. Is this battery?

Assumption of Risk and Contributory Negligence

Joe decides to go surfing in dangerous wave conditions that has caused the resort to close the beach and prohibit all water activities. If Joe drowns surfing the resort will probably use these defenses against Joe.

Probably not, this is just an opinion.

Joe says "I think Bill is a dumb jerk!" is this Defamation?

Yes, Because it hit the bike Bill was riding.

Joe throws a rock at Bill who is riding a bike. The rock misses Bill but hits his bike. Is this Battery?

Statutory Law

Laws enacted by legislative bodies

ORPP/USC

Ordinary Reasonable Prudent Person Under Similar Circumstances.

Battery

Unexcused, harmful or offensive, intentional touching of another. Ex. Joe punches Bill in the nose.

C. Intent

Which of the following are NOT a required element in a negligence case? A. Duty of Care B. Causation C. Intent D. Breach of Duty of Care E. Damages

All of the above

Which of the following duties would a business owner have to a UPS delivery person? A. To warn foreseeable dangers B. Guard against dangers the owner knew of or should have known of. C. Remove hidden dangers to the licensee. D. All of the above.