Kine 301 Q1-3

In order for the U. S. Supreme Court to hear a party's case, what must first be requested?

-(not) Binding precedent

The source of law coming from the executive branch of government is known as ___________________________.

Administrative law

___________________ exists within a specific court system and must be followed by all courts at the same or lower level.

Binding precedent

A plaintiff is the party that is being sued.

False

Which of the following is not an origin of duties an element of negligence?

Forseeability

The statute of _______________ is the period of time in which a lawsuit must be filed.

Limitation??

Under the pure comparative fault interpretation:

The reward to the plaintiff is reduced by the percentage of fault assigned to the plaintiff

As society changes, so can duty.

True

Contributory fault is the same as secondary assumption of risk.

True

Negligence falls under tort law.

True

Under the element of damage, emotional distress includes fright, shock, and anxiety.

True

Unless there is some form of immunity, employees are individually liable for their own negligent conduct.

True

Acts beyond the scope of an employee's responsibility and authority are called _________________.

Ultra Vires Act

Acts beyond the scope of an employee's responsibility and authority are called _________________.

Ultra vires acts

A(n) _________________ is a legal proceeding that considers whether lower court's legal decision was right or wrong.

appeal

The neglect or failure to fulfill in a just and proper manner the duties of a recreation or sport service provider is known as __________________.

breach of duty

Who is the issue of standing usually raised by?

defendant

Which of the following is not an origin of duty as an element of negligence?

foreseeability

What is the court of origin within the federal court system?

idk bruh

Under this defense against negligence, plaintiff is barred from recovery if plaintiff's and defendant's fault are equal. Name the defense.

modified comparative fault 50% bar

Plaintiff does not have to prove negligence if the act is deemed _________.

negligence per se

The failure to act with reasonable care and lack of ordinary diligence is known as:

ordinary negligence

Statute of limitations and notice of claim statutes are best described as what type of defense against negligence?

procedural noncompliance

Which of the elements of negligence is defined as an act from which an injury is the natural, direct, and uninterrupted consequence?

proximate cause

When a participant in a sport or recreation activity fails to act in a reasonable manner resulting in injury to him/herself, the participant is said to have contributed to his/her own injury. This is best described as:

secondary assumption of risk

The key factor in determining whether or not sponsors can be held liable is ____________________.

the amount of control the sponsor exercises over the activity/program

A contractual defense against ordinary negligence that is effective in most states for adults is known as ______________________.

waiver of liability

A judgment brought before the court because the undisputed facts are firmly in favor of one party, and that party should prevail in the case without going to trial is called:

you got it dawg

The doctrine of respondeat superior is defined as:

- the employer is liable for injury from the negligent acts of its employee as long as the employee was acting with the scope of his/her job duties

The best example of an inherent risk is:

-(not) A soccer player injuring his knee by stepping onto a drainage grate in the center of the field------------(not) a gymnast injuring her back because no spotter was provided by the gymnastics organization

Which of the following types of law is not a source of defenses to negligence?

-(not) Common -(not) statutory

A statute is best defined as:

-(not) Rules and administrative codes issued by governmental agencies -(not) A document setting forth the basic principles of government

A cross-country coach, employed by the school district and responsible for transporting his athletes to and from a competition, is involved in a traffic accident resulting in injuries to his passengers. Which of the following doctrines will most likely be used to implicate liability upon his employer?

-(not) reasonable person doctrine -(not) governmental immunity doctrine -respondeat superior doctrine

Plaintiff was a ticketed passenger on a cruise ship who decided to purchase a scuba diving excursion from Diving Deep Excursions which had a booth on the ship. While on the excursion, plaintiff was struck by lighting as she held onto a metal cable on the excursion boat. Plaintiff sued the cruise ship company under the principle of:

Apparent authority

The source of law emanating from the judicial branch is known as _________________.

Common

The monetary compensation awarded by a judge or jury reflecting the actual value of the loss by the plaintiff is referred to as ___________________________.

Compensatory damages

A document that sets forth the basic principles of government including limits on government power is called:

Constitution

Following the filing of a complaint and defendant's answer, the litigants to a case enter what phase?

Discovery and motions

Contributory fault is much more prevalent as a defense to negligence than comparative fault statutes.

False

Diversity of citizenship jurisdiction means a case can be heard in either the state or federal court system.

False

Employers are never liable for the intentional and/or malicious acts of their employees.

False

Motions are informal requests made to the court seeking a specific action or decision.

False

Obligations are the same as duties

False

Only three of the four elements of negligence must be supported through the presentation of evidence for a valid negligence claim.

False

Persuasive precedent exists within a specific court system and must be followed by all courts at the same or lower level.

False

Reckless misconduct is another term used to describe negligence.

False

Sovereign immunity protects the employees but not the public corporate entity from liability.

False

Statutory assumption of risk operates under the premise that the plaintiff is not entitled to recovery for damages if plaintiff is substantially at fault.

False

Subject matter jurisdiction is the authority of the court over the parties in the case.

False

The defendant is the party that is suing for damages.

False

The monetary compensation awarded by a judge or a jury reflecting the actual value of the loss by the plaintiff is called actual damages.

False

The service provider of an activity has a duty to protect the user from the inherent risks of the activity

False

The service provider of an activity has a duty to protect the user from the inherent risks of the activity.

False

There are five types of law mentioned in your textbook.

False

There are four categories of parties that may be liable in any given situation.

False

Which pretrial motion eliminates the need for a jury to determine the facts based on the evidence since the facts are not in question?

Not (Motion for judgment on the pleadings)

The failure to act with reasonable care and lack of ordinary diligence is known as ______________________.

Ordinary Negligence

_______________ serves to create boundaries by which future cases are decided.

Precedence

Black defined __________ cause as that particular cause which produces an event and without which the event would not have occurred.

Proximate

A service provider rents personal water craft (e.g., jet skis) on Lake Michigan. Which of the following will aid the service provider in strengthening the primary assumption of risk defense to ensure that patrons know, understand, and appreciate the risks of operating the personal water craft?

Require customers to view a short pre-activity video demonstrating correct operation of the water craft

The court system is made up of the state, federal, and administrative courts.

True

____________________ is technically not a contractual agreement yet informs participants of the risks to be encountered through participation and triggers the assumption of risk defense.

agreement to participate

The courts have generally required that which of the following must exist in order for a successful primary assumption of risk defense?

all of the listed answers

An agreement by which one party agrees to reimburse another upon the occurrence of an anticipated loss is a(n) __________________________.

indemnification agreement

Sports officials, concessionaires, and personal trainers are often considered ____________________.

independent contractors

One cannot assume a risk, if he or she has no ___________.

knowledge

One cannot assume a risk, if he/she has no __________________.

knowledge

A common law defense where defendant has no duty to protect the plaintiff from risks inherent to the sport yet cannot enhance the risks is known as

primary assumption of risk

Which negligence defense is based on common law?

primary assumption of risk