Law and Legal Terms: Second Exam Review Guide

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Second Exam Review Guide

Chapter 8 – Negligence (5 extra credit questions)

Know the definitions of negligence and negligence per se * Negligence – conduct that falls below the standard established by law for the protection of others against unreasonably risk of harm; not intentional and usually by accident * Negligence Per Se – violation of a statute that prohibits or requires a behavior in order to prevent harm to others; both duty of care and breach
Know and be able to apply the reasonable person standard, including knowing what circumstances do and do not affect its application * Reasonable Person Standard – most of the time, due care is the degree of care that a similarly situated reasonable person would use in a given situation * Children, physical disability, mental disability, superior skill or knowledge, and emergencies
Know the differing duties of a landowner with respect to various types of individuals entering its land or premises * Duty to Trespassers – not to injure intentionally * Duty to Licensees – to warn of known dangerous conditions licensees are unlikely to discover for themselves (Ex: meter reader) * Duty to Invitees – to exercise reasonable care to protect invitees against dangerous conditions possessor should know of, but invitees are unlikely to discover (this one is more extensive than the others)
Know the definitions of factual cause and superseding cause * Factual Cause – the defendant’s conduct was the actual cause of, or a substantial factor in causing, the injury * Superseding Cause – an intervening act that relieves the defendant of liability (Ex: minor motor vehicle accident turns into a fatality due to the doctor making a mistake – other driver not liable for that death)
Know the comparative negligence doctrine and how it affects calculation of damages * Comparative Negligence – damages are divided between the parties in proportion to their degree of negligence; complex

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