RMIN 4000 UGA Edmunds Exam
4/Questions and Solutions
Philidelphia judicial hellhole - -Reputation for excessive verdicts and its
"open door" policy to out of state
- Georgia judicial hellhole - -Continue rise in nuclear verdicts, increasing
role of third-party litigation financing, and premise liability. trial lawyers and
jackpot verdict paydays. advertising focus on truckers
- legal wrong - -a violation of a person's legal rights, or a failure to perform
a legal duty owed to a certain person, to a business org., or to a society as a
whole
- types of legal wrongs - -crime, breach of contract, and tort
- tort - -Legal wrong for which the court allows a remedy in the form of
monetary damages
- plaintiff - -the person who is injured
- Tortfeasor - -the alleged wrongdoer
- categories of tort - -intentional, strict liability, and negligence
- intentional torts - -Intentional act or omission resulting in harm or injury to
another person or damage to their property
- examples of intentional tort - -libel, slander, invasion of privacy, assault,
patent infringements
- strict liability - -Liability imposed regardless of negligence or fault
(damage from animals, hazardous activities)
- negligence tort - -Failure to exercise the standard of care required by law
to protect others from an unreasonable risk of harm
- standard of care - -not the same for each wrongful act; based on the care
required by a reasonably prudent person
- elements of negligence - -existence of a legal duty owed, breach of legal
duty, damage or injury, and proximate cause between act and damage
, - compensatory damages - -compensate the injured party for the harm
suffered (special and general)
- special damages - -lost work earnings, medical bills, property repair costs
- general damages - -Loss of a companion, disfigurement, pain and
suffering
- punitive damages - -Punish the wrongdoer and to deter others from doing
similar acts
- contributory negligence - -Injured person cannot collect if their care falls
below the standard of care required for their protection or they are 1%
responsible
- comparative negligence - -Financial burden of injury is shared by both
parties according to respective degrees of fault
- pure rule - -reward is reduced in proportion to your fault
- 50% rule - -you cannot recover if you are 50% or more at fault
- 51% rule - -you cannot recover if you are 51% or more at fault
- last clear chance rule - -Plaintiff who is endangered by his or her own
negligence can still recover damages from the defendant if the defendant
has a last clear chance to avoid the accident but fails to do so (car crash)
- assumption of risk - -A person who understands and recognizes the danger
inherent in a particular activity cannot recover damages in the event of an
injury (foul ball at game)
- imputed negligence - -under certain conditions, the negligence of one
person can be attributed to another person or organization (liquor bar liable
for drunk customer's harm)
- Res Ipsa Loquitur - -the thing speaks for itself, fact that injury occurs
established a presumption of negligence
- requirements of res ipsa loquitur - -does not normally occur in absence of
negligence, defendant has exclusive control over the instrumentality causing
the accident, and injured party has not contributed to the accident
- trespasser - -one who enters or remains on property without consent of
owner. Owner cannot deliberately set trap to injure trespasser
4/Questions and Solutions
Philidelphia judicial hellhole - -Reputation for excessive verdicts and its
"open door" policy to out of state
- Georgia judicial hellhole - -Continue rise in nuclear verdicts, increasing
role of third-party litigation financing, and premise liability. trial lawyers and
jackpot verdict paydays. advertising focus on truckers
- legal wrong - -a violation of a person's legal rights, or a failure to perform
a legal duty owed to a certain person, to a business org., or to a society as a
whole
- types of legal wrongs - -crime, breach of contract, and tort
- tort - -Legal wrong for which the court allows a remedy in the form of
monetary damages
- plaintiff - -the person who is injured
- Tortfeasor - -the alleged wrongdoer
- categories of tort - -intentional, strict liability, and negligence
- intentional torts - -Intentional act or omission resulting in harm or injury to
another person or damage to their property
- examples of intentional tort - -libel, slander, invasion of privacy, assault,
patent infringements
- strict liability - -Liability imposed regardless of negligence or fault
(damage from animals, hazardous activities)
- negligence tort - -Failure to exercise the standard of care required by law
to protect others from an unreasonable risk of harm
- standard of care - -not the same for each wrongful act; based on the care
required by a reasonably prudent person
- elements of negligence - -existence of a legal duty owed, breach of legal
duty, damage or injury, and proximate cause between act and damage
, - compensatory damages - -compensate the injured party for the harm
suffered (special and general)
- special damages - -lost work earnings, medical bills, property repair costs
- general damages - -Loss of a companion, disfigurement, pain and
suffering
- punitive damages - -Punish the wrongdoer and to deter others from doing
similar acts
- contributory negligence - -Injured person cannot collect if their care falls
below the standard of care required for their protection or they are 1%
responsible
- comparative negligence - -Financial burden of injury is shared by both
parties according to respective degrees of fault
- pure rule - -reward is reduced in proportion to your fault
- 50% rule - -you cannot recover if you are 50% or more at fault
- 51% rule - -you cannot recover if you are 51% or more at fault
- last clear chance rule - -Plaintiff who is endangered by his or her own
negligence can still recover damages from the defendant if the defendant
has a last clear chance to avoid the accident but fails to do so (car crash)
- assumption of risk - -A person who understands and recognizes the danger
inherent in a particular activity cannot recover damages in the event of an
injury (foul ball at game)
- imputed negligence - -under certain conditions, the negligence of one
person can be attributed to another person or organization (liquor bar liable
for drunk customer's harm)
- Res Ipsa Loquitur - -the thing speaks for itself, fact that injury occurs
established a presumption of negligence
- requirements of res ipsa loquitur - -does not normally occur in absence of
negligence, defendant has exclusive control over the instrumentality causing
the accident, and injured party has not contributed to the accident
- trespasser - -one who enters or remains on property without consent of
owner. Owner cannot deliberately set trap to injure trespasser
