CBAD 344 - Unit 1

Ben is very mad at his supervisor because of pay cuts. Ben plots to damage some equipment so his company will have to pay him overtime compensation to repair it. In which of these situations could Ben be found guilty? Select 2 answers.

- Ben walks over to the equipment holding a heavy sledgehammer he brought from home, but at the last minute, decides against hitting the equipment. Instead, he trips and falls, slamming the sledgehammer into a crucial part of the equipment, which ruins the machine. -Ben carries out his plan, but there are no witnesses.

In what situations does federal law preempt state law? Choose 2 answer choices.

- When Congress passes a law and creates an agency to enforce that law -

A judge issues a warrant without probable cause. What protection will limit the usage of any evidence that is now gathered? Choose 2 answer choices.

-Fourth Amendment -Exclusionary Rule

What does the First Amendment protect regarding religion? Choose 2 answer choices.

-It protects the exercise of religious practices. -It protects a person's right to hold no religious beliefs.

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.

-Limitations on advertisements for alcohol -Some advertising venues for tobacco

Federal courts have exclusive subject matter jurisdiction over which of the following? Choose 2 answer choices.

-Patent/trademark/copyright cases -Bankruptcies

In what stages of the criminal process could a jury be involved? Choose 2 answer choices.

-Trial -Indictment

What does mens rea require?

A particular state of mind

What does the Free Exercise Clause require?

Any government employment restrictions related to religion must satisfy two requirements.

A chain of jewelry stores uses an actress, Felicity Fake, who resembles Rachel Real, a famous actress, to appear in commercials for their stores, with the intent of giving the impression that Rachel Real is endorsing the chain. They dress Felicity in a dress similar to the dress Rachel Real wore in her most famous movie and ask Felicity to imitate Rachel's voice. Rachel Real is insulted by the presentation. For which intentional tort could Rachel sue the company? Choose 2 answer choices.

Appropriation Invasion of Privacy

At what stage in the criminal process does the defendant typically plead guilty or not guilty?

Arraignment

Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States' waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed's unlawful actions, can Bristol be held criminally liable?

Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions.

In the United States, who creates federal statutory law?

Congress

Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:

Congress

Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.

Duty of care. Breach of duty of care.

How does the Fifth Amendment apply to fundamental rights?

Fundamental rights are a determining factor in the analysis under substantive due process.

Which of the following are reasons why a motion for a new trial might be granted? (Select 3 answers)

The trial was unfair The judge committed prejudicial error Excessive damages were awarded

George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met?

Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.

Rando and Shania are involved in an automobile accident. Rando decides to sue Shania for his injuries, so he files a complaint, a formal pleading that starts the lawsuit and sets out the allegations that Rando has against Shania. Rando has the complaint, along with a summons, served on Shania to give her notice of the lawsuit. If Shania does not respond to the complaint:

a default judgment may be entered against her.

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is:

arbitration.

When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:

arbitration.

The role of a mediator is to:

assist parties in a dispute in resolving their differences out of court.

What is the prosecutor's burden of proof in a criminal case?

beyond a reasonable doubt

Sanchez and Yan entered into a contract that required Sanchez to deliver twenty textbooks to Yan's bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan's bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has:

both subject matter and in personam jurisdiction in the case.

In contrast to federal courts, state courts have what kind of jurisdiction?

broad

Which of the following defenses to negligence is used to assign liability proportionately to the level of harm from each party's own conduct?

comparative fault

When a defendant faces a negligence lawsuit, what defenses are available? Choose 3 answers.

contributory negligence assumption of risk comparative fault

John approaches a stranger standing at John's car who appears to be about to break the window. Before the stranger sees him, John knocks him to the ground. What should John claim as a defense to the criminal battery charge?

defense of property

State statutory law is created by:

elected members of the state legislature.

Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for one month, he takes ten percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of:

embezzlement

What does venue refer to?

geographic location of the court

Through which proceeding do prosecutors obtain an indictment?

grand jury

An arbitrator is different than a mediator because an arbitrator:

has the authority to make a binding award.

You recently had an accident on the job. Some equipment fell on you causing a serious injury, and your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working on the equipment that day created the problem that caused the injury, and you want to sue. You live and work in Texas, and the outside vendor is a resident of Oklahoma. Where do you think you should file the lawsuit?

in either federal or state court

For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:

in federal district court because the suit involves a copyright issue.

What must a prosecutor prove when the law requires mens rea?

intent

Jan claims she was under the influence of drugs and has no recollection of committing a crime. This defense is known as:

intoxication

To meet the element of intent, a plaintiff must prove that the defendant:

knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.

Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:

legal realism.

Which branch of government has the authority to enact law?

legislative

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they:

may create new precedent.

Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:

not be successful if Liam's comments on Neely's written evaluation were made in good faith.

Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia's luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of:

nothing, because she did not have the mental state required to commit a crime.

What are the three steps of a civil trial? Choose 3 answers.

opening arguments presentation of testimony and evidence closing arguments

A legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision.

Tort law provides a civil remedy for violations of which of the following protected interests? Choose 3 answers.

personal or business reputation personal and physical safety the destruction of or damage to property

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

pleading

Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.

punitive damages compensatory damages

Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:

put Jerome in the position he would have been in had the tort not occurred.

Substantive law governs a person's:

rights and responsibilities.

Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:

stare decisis.

Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:

statutory law.

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:

summary judgment.

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

Granting a Motion for a J.N.O.V. means:

the jury verdict was wrong and so clearly against the weight of the evidence that no reasonable person could have found as the jury did.

Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:

the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.

In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.

the loss of a spouse's companionship actual missed days at work medical bills

Historically, the common law developed from:

the unification of local customs and laws in feudal England.

The federal and most state judicial branches have at least these three levels in the court system:

trial court, intermediate appellate court, and highest appellate court.

What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?

voir dire

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.

How does larceny differ from embezzlement? Choose 2 answer choices.

- The intent could include taking the property temporarily. - It requires that the property is entrusted to the perpetrator.

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices.

- To regulate commerce on the national and local levels - To regulate international commerce

Clarence sneaks into his neighbor's yard and takes a bike to sell for cash. What crime could he have committed? Choose 2 answer choices.

-Theft -Larceny

A court has personal jurisdiction over a party in which of the following circumstances? Choose 2 answer choices.

-When a party brings a case in its court -When the party's property at issue in the case exists within the geographic boundaries of the authority of the court

What does substantive due process require? Choose 2 answer choices.

-a legitimate governmental purpose if a non-fundamental right is involved -a compelling governmental interest if a fundamental right is involved

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.

-bound volumes of reported court decisions, organized by jurisdiction, date, and courts -

White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers.

-embezzlement -mail and wire fraud.

A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?

-fines, imprisonment, and forfeiture of property

A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:

-robbery. x-larceny. x-theft. -embezzlement.

Alfonso plays basketball for Hope County High School. His team makes it to the state tournament, where they play their archrival, Duvall County High. After an intense game where tempers run high, the Hope County team wins. While walking home from the basketball game, Alfonso is confronted by George, a member of the Duvall County team. George pushes Alfonso, causing him to fall to the ground. Enraged, Alfonso pulls a gun from his gym bag and shoots George in the chest, killing him instantly. Alfonso is arrested and charged with murder. Alfonso claims he shot George in self-defense. At trial, Alfonso's claim of self-defense is likely to be:

-unsuccessful, because Alfonso used excessive force.

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.

1) Ark. Code Ann. § 6-17-2401 (2020) 2) Cal. Penal Code § 11164(a) (West 2020)

To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.

1. A valid contract existed between the plaintiff and a third party. 2. The plaintiff experienced injury or damages as a result of the defendant's actions. 3. The defendant knew a contract between the plaintiff and a third party existed.

The reasonable person standard applies to which of the required elements to be proved in a negligence case? Choose 2 answer choices.

1. Breach of duty. 2. Duty of care.

The reasonable person standard can vary based on what factors? Choose 2 answer choices.

1. The occupation of the defendant. 2. Facts and circumstances of the situation.

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

Franklin tosses a ball up in the air and intends to catch it, yet the ball hits a bystander, Yen, and injures her. Which of the following is correct?

Franklin was negligent.

Jeff Hubert worked for MedTron, Inc., a medical technology company, as a sales manager. His contract with MedTron had a non-compete clause that prohibited him from working for a competitor for one year after leaving MedTron. St. Francis Medical, S.C., Inc., was a competitor of MedTron. In an effort to expand their business, St. Francis contacted Hubert about joining them. Hubert felt dissatisfied with conditions at MedTron, and so began negotiations with St. Francis. Hubert shared his current contract with St. Francis's executives, who told him that his contract with MedTron was unenforceable and offered him a job as a sales director at a significant higher salary. In fact, the contract was enforceable under state law. Hubert accepted the job offer from St. Francis. MedTron filed a suit against St. Francis, alleging wrongful interference. Did wrongful interference occur and if so, which type of wrongful interference occurred?

Identifying the Facts and Issues Wrongful interference with a business relationship requires an established business relationship between two parties , that the third party is using predatory methods , with a purpose of causing intentional harm . Wrongful interference with a contractual relationship requires a valid contract between two parties , a third party who knows the contract exists , and that same third party who intentionally induces one of the parties to break the contract . Assessment question MedTron most appropriately should sue for wrongful interference with a contractual relationship . Assessment question St. Francis told Hubert that the contract was not enforceable . St. Francis offered a job to Hubert at a higher salary. Based on these facts, it appears that St. Francis intentionally induced Hubert to break his contract with MedTron. Assessment question Hubert is not liable for intentional interference with a contract because only the third party who induced another to break a contract is liable What If the Facts Were Different? Assume that in the relevant jurisdiction, contracts with clauses restricting working for competitors for more than six months are deemed illegal and unenforceable. Wrongful interference with a contractual relationship requires the existence of an enforceable contract , third party knowledge , and intentional inducement . Given these facts, the element of a valid contract is missing from a wrongful interference with a contractual relationship claim. Given these facts, St. Francis likely is not liable for wrongful interference with a contractual relationship.

AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy.

In deciding whether to dismiss the suit, the court in California first should look to primary sources of law, or sources that establish the law. Another resource for the court are the statutes passed by the United States Congress and the state legislatures . If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to secondary sources of law for guidance. Assessment question If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for precedent . The system of prior court opinions is called case law . Assessment question The California court will follow the decision of the United States Supreme Court because of the doctrine of stare decisis . The United States Supreme Court decision is binding on the California courts. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court will not enforce the clause in the contract. Assessment question Because of the precedent set, the California court will not dismiss the suit and the case will be heard in California . Assessment question What If the Facts Were Different? What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy? This case would be a case of first impression in California. Without the prior guidance, the California courts likely would look to persuasive authorities to help them reason through a decision.

Which of the following provides notification to a criminal defendant in custody of the right to an attorney?

Miranda warning

How does the punishment for a misdemeanor differ from the punishment for a felony?

Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought?

Natural Law

Which of the following are the TWO types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial? Choose 2 answer choices.

Negotiation Meditation

Ali Butler developed several software programs that generated cyberattacks. His programs were used to disrupt services of major companies like Google and Skype. He created programs that retrieved usernames and passwords, bank information, and other data. He also set up a "deep web" business - where internet search engines could not find it - to sell his programs to other potential hackers. He used a legitimate business to account for profits from his illegal business so that the government could not trace the money to the illegal activity. Did Butler commit a crime, and does he have any defense?

The elements that must exist for a person to be convicted of a crime include actus reus and _______ . Assessment question If convicted, one of Butler's acts was using software to access other people's information . Butler's mental state was intent to access private information . In this case, Butler's computer held many usernames and passwords of third parties and information on his income from the company selling the hacking software. This admission likely would help establishmens rea . Assessment question Assume Butler engaged in this activity because he owed several thousand dollars in credit card debt. In his criminal case, he may try to argue duress. This would not be a valid defense because duress requires reasonable fear of immediate danger . Assessment question An indictment would be used in federal district court in Butler's case to formally charge him . To convict Butler of a crime, the judge needs to believe beyond a reasonable doubt that Butler committed the elements of the crime without a valid defense. Based on these facts, Butler likely could be convicted of a crime. Assessment question What If the Facts Were Different? Assume that Butler was hired as a computer technician to develop a particular type of software, unaware that it would be used to steal people's information. As part of his job, he developed many different software applications that harvested public information from the internet and this new software was not different enough to give Butler reason to believe it would be used to harvest private information. Would the result be different? The act of developing the software, without reasonable knowledge of the criminal activities, is not a wrongful act. Under these facts, Butler had no knowledge of the plan to steal information and did not have a wrongful mental state. Given Butler's act and mental state under these facts, Butler likely did not commit a crime.

Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:

not be successful, because Rihana did not assume the risk of the water ride collapsing.

Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:

what a reasonable person would have done under the circumstances.

What factor should a plaintiff consider when deciding which interference tort applies to a situation?

If the plaintiff had a contract with another party who breached the contract.

What must a plaintiff prove in an intentional tort case?

Intent to commit the act.

Which of the following lists the steps of a trial in the correct chronological order from beginning to end?

Jury selection, opening statements, plaintiff's case, defendant's case

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought?

Legal Realist School

You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?

No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence?

No, the drugs cannot be admitted into evidence at trial because they were illegally obtained.

What are two types of challenges an attorney can make during voir dire?

Peremptory challenges Challenge for cause

Cari discovers that Lucas has a criminal background and shares this information with others where they both work. Which intentional tort could apply here?

Public Disclosure of Private Facts

What business speech is protected by the First Amendment?

Some types of advertising

Why would a superseding cause relieve a tort defendant of liability?

The defendant could not have reasonably foreseen the event.

You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers?

The methods of enforcing the rights established by substantive law.

You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan?

The owner of the restaurant could sue you, and you may have to pay him money.

Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?

The plaintiff must address all of the elements.