Legal Business Test 2
What are the elements to proving a tort of negligence?
A Legal Duty Of A Breach Of Legal Duty Causation And Injury
Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle, the appellate court upholds the lower court's verdict. The appellate court has
Affirmed The Case
To prove a tort of negligence occurred, there must be
All Four Elements Present,Or There Is No Tort
For proving the element of "causation in face" for a tort of negligence, courts use the
But For Test
Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case
By A Preponderance Of The Evidence
A tort is a/an
Civil Wrong
Paul and Randal get into a car wreck. Paul sues Randal, claiming that Randal's negligence caused his injuries. Randal claims that Paul's injuries were at least partially caused by Paul's own negligence. After a trial, a jury determines that both Paul and Randal were negligent in driving their cars. The jury found that Paul was 50% at fault, and Randal was 50% at fault. This is an example of what tort law concept
Contributory Negligence
All types of general damages are available to all plaintiffs, including companies
False
Consent is no defense to intentional torts
False
Discovery is the process of serving a summons and a copy of a complaint on a defendant.
False
Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.
False
Only the United States Supreme Court exercises the power of judicial review
False
The Umo company makes washing machines. Umo machines have been the best-selling washing machines on the market for many years, although sales are starting to dip. Umo has contracts to supply washing machines to both the S-Mart and Buy More big box retail chains. A new washing machine company, Proxima, begins aggressively advertising in trade magazine. The ads depict a shiny Proxima washing machine in a sunlit open field with the words, "Isn't it time for something new?" Soon after the Proxima ads run, S-Mart breaks its contract with Umo and starts buying Proxima washing machines exclusively. Proxima's ad campaign constitutes wrongful interference with a business relationship because it resulted in S-Mart breaking its contract with Umo.
False
The general purpose of tort law is to provide a remedy for companies that have suffered business losses
False
Business owners owe a duty to warn the customers invited onto their business premises of
Foreseeable Risks
_______________ damages compensate a plaintiff for things that can't be quantified.An example of these damages would be suffering, physical pain, emotional pain,etc.
General
When a professional is negligent, they have committed
Malpractice
What standards do courts use when determining whether someone committed a tort
Not A Reasonable Proposition
The court in the Bogenberger v. Pi Kappa Alpha Corporation, Inc. case reported in our text focused on what tort law concept in rendering its decision
Not Legally Recognizable Injury
___________damages are given to punish the defendant for their bad actions
Punitive
Marvel and Nina, the plaintiff's attorney presents evidence from Ochre l, who is not an expert in the field about which he is being question. Ochre can
Testify Only About What He Personally Observed
The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established
The Power Of Judicial Review
A deposition can be used to impeach a party or witness who changes his or her testimony at trial.
True
Courts use minimum contacts test to determine whether or not they have jurisdiction over a out of state corporation
True
Under a state long arm statue, a court can exercise jurisdiction over certain nonresident defendants based on activities that took place within the state
True