AIC 301 4, 5, 6 Test Exam Questions Marking Scheme | Certified

AIC 301 4, 5, 6 Test Exam Questions Marking Scheme | Certified /. Proximate cause - Answer-A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened. /.Negligence - Answer-The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others. /.Tort - Answer-A wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right. /.Tortfeasor - Answer-A person or an organization that has committed a tort. /.Plaintiff - Answer-The person or entity who files a lawsuit and is named as a party. /.Defendant - Answer-The party in a lawsuit against whom a complaint is filed. /.Legal duty - Answer-An element of negligence that exists when parties are in such a relationship that the law imposes on one party the responsibility for the exercise of care toward the other party. /.Statute - Answer-A written law passed by a legislative body at either the federal or state level /.Contract - Answer-A legally enforceable agreement between two or more parties. /.Common law (case law) - Answer-Laws that develop out of court decisions in particular cases and establish precedents for future cases. /.Reasonable person test - Answer-A standard for the degree of care exercised in a situation that is measured by what a reasonably cautious person would or would not do under similar circumstances. /.Common carriers - Answer-Airlines, railroads, or trucking companies that furnish transportation to any member of the public seeking their offered services. /."But for" rule - Answer-A rule used to determine whether a defendant's act was the proximate cause of a plaintiff's harm based on the determination that the plaintiff's harm could not have occurred but for the defendant's act. /.Substantial factor rule - Answer-A rule used to determine proximate cause of a loss by determining which of the acts are significant factors in causing the harm. /.Foreseeability rule - Answer-A rule used to determine proximate cause when a plaintiff's harm is the natural and probable consequence of the defendant's wrongful act and when an ordinarily reasonable person would have foreseen the harm. /.Intervening act - Answer-An act, independent of an original act and not readily foreseeable, that breaks the chain of causation and sets a new chain of events in motion that causes harm. /.Concurrent causation (concurrent causation doctrine) - Answer-A legal doctrine stating that if a loss can be attributed to two or more independent concurrent causes—one or more excluded by the policy and one covered—then the policy covers the loss. /.Negligence per se - Answer-An act that is considered inherently negligent because of a violation of a law or an ordinance. /.Res ipsa loquitur - Answer-A legal doctrine that provides that, in some circumstances, negligence is inferred simply by an accident occurring. /.Exclusive control - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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 - Answer-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) - Answer-A contractual provision purporting to excuse a party from liability resulting from negligence or an otherwise wrongful act. /.Liquidated damages - Answer-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 - Answer-An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature. /.Immunity - Answer-A defense that, in certain instances, shields organizations or persons from liability. /.Sovereign immunity (governmental immunity) - Answer-A defense to negligence that protects the government against lawsuits for tort without its consent. /.Proprietary function - Answer-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 - Answer-An act that can be performed only by government. /.Administrative act (discretionary act) - Answer-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 - Answer-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 - Answer-A defense that shields charitable organizations from liability. /.Interspousal immunity - Answer-A defense to negligence that grants immunity to one spouse from the other spouse's lawsuit for torts committed before, during, and after the marriage. /.Parent-child immunity - Answer-A defense to negligence that grants immunity to parents from their children's lawsuits for torts. /.Statute of limitations - Answer-A statute that requires a plaintiff to file a lawsuit within a specific time period after the cause of action has accrued, which is often when the injury occurred or was discovered. /.Statute of repose - Answer-A statute that requires a plaintiff to file a lawsuit within a specific time period after a wrongful act by a defendant, such as improper construction of a building, regardless of when the injury occurred or was discovered. /.Trespasser - Answer-A person who intentionally enters onto the property of another without permission or any legal right to do so. /.Nuisance - Answer-Anything interfering with another person's use or enjoyment of property. /.Attractive nuisance doctrine - Answer-A doctrine treating a child as a licensee, or guest, rather than a trespasser on land containing an artificial and harmful condition that is certain to attract children. /.Licensee - Answer-A person who has permission to enter onto another's property for his or her own purposes. /.Invitee - Answer-A person who enters a premises for the financial benefit of the owner or occupant. /.Express license - Answer-The oral or written permission to enter onto another's land to do a certain act, but not the granting of any interest in the land itself.