How many of the negligence parts must be shown for there to be negligence?
All four parts
100
What is the term for defamatory statement being made orally?
Slander
100
What is the difference between Implied and Express Assumption of Risk?
Implied: Participant's personal understanding of risks
Express: Risk expressed either verbally or in writing
100
What is the entry-level court in the U.S. federal court system?
U.S. District Court
100
T/F) Waiver can be used if the parties that involve in the contract do not have equal bargaining power.
False
200
List four part test for negligence as discussed in class.
1. Duty
2. Breach of Duty
3. Causation
4. Damage/harm
200
Defamatory photographs and cartoons are examples of ___________.
Libel
200
What are three elements of Primary Assumption of Risk?
1. Inherent risk of the activity
2. Participant's voluntary consent
3. Participant must know, understand, and appreciate the inherent risk of the activity.
200
What is the term for a prior court decision serving as a guide to similar future cases?
Precedent/Stare Decisis
200
There are three categories of defective products. What are they?
1. Intents to cause harm
2. Reasonable apprehension of immediate harm
3. Lack of consent
300
What is the statute that provide immunity for those who voluntarily aid an injured person?
Good Samaritan Statute
300
_____________is the term for a case being decided based on the applicable law, given that there are no remaining facts in dispute.
Summary Judgment
300
T/F) Altering the product with good intention may prevent negligence under products liability.
False
400
The existence of a “duty” or a “special relationship” comes from three things. List them.
1. Inherent relationship
2. Voluntary assumption of relationship
3. Duties mandated by statutes
400
What is the term for making false and negative statement about property's quality?
Slander of quality
400
There are two types of comparative fault. List and briefly describe them.
1.Pure: The monetary award to the plaintiff is reduced by the percentage of fault assigned to the plaintiff.
2. Modified: The plaintiff is not entitled to recovery if the plaintiff is substantially at fault.
400
The Supreme Court need to issue __________ in order to hear a case.
Writ of Certiorari
400
List three causes of action in products liability.
1. Strict liability
2. Negligence
3. Breach of Warranty
500
What is the word being used interchangeably with the term gross negligence?
Deliberate indifference
500
What are four elements of defamation?
1. False statement
2. Publication to a third party
3. Negligence of the publisher
4. Damage
500
Under the Comparative Negligence, how much should plaintiff be compensated if the court awarded $100,000 as a damages but the plaintiff is 35% responsible for the injury?
Plaintiff receives $65,000
500
What is the standard of proof required in a civil case?
Preponderance of evidence
500
A "one-size-fits-all" hockey helmet that consisted of three protective plates held together by elastic straps was found to be an example of a product with a ____________