AIC 301 EXAM QUESTIONS AND ANSWERS LATEST
VERSION (ALREADY GRADED A+)
Res Ipsa Loquitur
A legal doctrine that provides that, in some circumstances, negligence is inferred simply by an accident
occurring.
exclusive control
The control of only one person or entity; in tort law the control by the defendant alone of an instrument
that caused harm.
Comparative Negligence
A common-law principle that requires both parties to a loss to share the financial burden of the bodily
injury or property damage according to their respective degrees of fault.
contributory negligence
A common-law principle that prevents a person who has been harmed from recovering damages if that
person's own negligence contributed in any way to the harm.
Last Clear Chance Doctrine
An excuse for a plaintiff's contributory negligence that holds the party who has the last clear chance to
avoid harm and fails to do so solely responsible for the harm.
Assumption of Risk Defense
A defense to negligence that bars a plaintiff's recovery for harm caused by the defendant's negligence if
the plaintiff voluntarily incurred the risk of harm.
pure comparative negligence rule
A comparative negligence rule that permits a plaintiff to recover damages discounted by his or her own
percentage of negligence, as long as the plaintiff is not 100 percent at fault.
50 percent comparative negligence rule
A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the
plaintiff's negligence is not greater than the other party's negligence.
49 percent comparative negligence rule
A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the
plaintiff's negligence is less than the other party's negligence.
Slight versus gross rule
, A rule of comparative negligence that permits the plaintiff to recover only when the plaintiff's
negligence is slight in comparison with the gross negligence of the other party.
release
A legally binding contract between the parties to a dispute that embodies their agreement, obligates
each to fulfill the agreement, and releases both parties from further obligation to one another that
relates to the dispute.
Exculpatory clause (exculpatory agreement)
A contractual provision purporting to excuse a party from liability resulting from negligence or an
otherwise wrongful act.
liquidated damages
A reasonable estimation of actual damages, agreed to by contracting parties and included in the
contract, to be paid in the event of a breach or for negligence.
gross negligence
An act or omission that completely disregards the safety or rights of others and is exaggerated or
aggravated in nature.
immunity
a defense that, in certain instances, shields organizations or persons from liability
Sovereign immunity (governmental immunity)
A defense to negligence that protects the government against lawsuits for tort without its consent.
Proprietary function
A local government's act that is not considered part of the business of government and that could be
performed by a private enterprise.
Governmental Function
An act that can be performed only by government.
Administrative act (discretionary act)
An act, a decision, a recommendation, or an omission made by a government official or agency within
the authority of that office or agency.
Ministerial act
An act that is directed by law or other authority and that requires no individual judgment or discretion
about whether or how to perform it.
Charitable Immunity
A defense that shields charitable organizations from liability.
VERSION (ALREADY GRADED A+)
Res Ipsa Loquitur
A legal doctrine that provides that, in some circumstances, negligence is inferred simply by an accident
occurring.
exclusive control
The control of only one person or entity; in tort law the control by the defendant alone of an instrument
that caused harm.
Comparative Negligence
A common-law principle that requires both parties to a loss to share the financial burden of the bodily
injury or property damage according to their respective degrees of fault.
contributory negligence
A common-law principle that prevents a person who has been harmed from recovering damages if that
person's own negligence contributed in any way to the harm.
Last Clear Chance Doctrine
An excuse for a plaintiff's contributory negligence that holds the party who has the last clear chance to
avoid harm and fails to do so solely responsible for the harm.
Assumption of Risk Defense
A defense to negligence that bars a plaintiff's recovery for harm caused by the defendant's negligence if
the plaintiff voluntarily incurred the risk of harm.
pure comparative negligence rule
A comparative negligence rule that permits a plaintiff to recover damages discounted by his or her own
percentage of negligence, as long as the plaintiff is not 100 percent at fault.
50 percent comparative negligence rule
A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the
plaintiff's negligence is not greater than the other party's negligence.
49 percent comparative negligence rule
A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the
plaintiff's negligence is less than the other party's negligence.
Slight versus gross rule
, A rule of comparative negligence that permits the plaintiff to recover only when the plaintiff's
negligence is slight in comparison with the gross negligence of the other party.
release
A legally binding contract between the parties to a dispute that embodies their agreement, obligates
each to fulfill the agreement, and releases both parties from further obligation to one another that
relates to the dispute.
Exculpatory clause (exculpatory agreement)
A contractual provision purporting to excuse a party from liability resulting from negligence or an
otherwise wrongful act.
liquidated damages
A reasonable estimation of actual damages, agreed to by contracting parties and included in the
contract, to be paid in the event of a breach or for negligence.
gross negligence
An act or omission that completely disregards the safety or rights of others and is exaggerated or
aggravated in nature.
immunity
a defense that, in certain instances, shields organizations or persons from liability
Sovereign immunity (governmental immunity)
A defense to negligence that protects the government against lawsuits for tort without its consent.
Proprietary function
A local government's act that is not considered part of the business of government and that could be
performed by a private enterprise.
Governmental Function
An act that can be performed only by government.
Administrative act (discretionary act)
An act, a decision, a recommendation, or an omission made by a government official or agency within
the authority of that office or agency.
Ministerial act
An act that is directed by law or other authority and that requires no individual judgment or discretion
about whether or how to perform it.
Charitable Immunity
A defense that shields charitable organizations from liability.
