2020 FOUNDATIONS FINAL - PREP

What are the elements of a negligence claim:

• The defendant had a duty

• The defendant breached that duty

• The breach caused damages

• The plaintiff suffered some damages

• The plaintiff was not negligent

True or False. Whether the plaintiff’s negligence caused or contributed to the injury is irrelevant, because the real focus is on the defendant's conduct.

• True

• False

Answer explanation

It is relevant to contributory negligence or comparative fault defenses.

True or False. Whether a plaintiff can recover is the liability part of a torts case.

• True

• False

True or False. How much the plaintiff can recover is the damages part of a tort case.

• True

• False

True or False. A contingency fee is a fixed amount paid to the plaintiffs attorney, whether they win or lose.

• True

• False

Answer explanation

It is a percentaage of the jury verdict - and only if the plaintiff wins.

True or False. In a contingency fee arrangement, the lawyer for plaintiff doesn’t get paid if the plaintiff loses at trial.

• True

• False

Which FOUR of these statements are true about most demand letters:

• They aren't often used in tort cases

• They threaten to sue

• They include a demand for money

• They explain why the defendant is liable

• They explain the plaintiff’s damages

True or False: The statute of limitations limits how many how long a plaintiff has to file their lawsuit.

• True

• False

True or False: A lawsuit in federal court starts with a petition, and in state court it starts with a comlaint.

• True

• False

Answer explanation

Vice versa: complaint in federal court and petition in state court.

Which of FOUR of these are basic elements of a petition or complaint:

• Jurisdiction

• Parties

• Parties

• Statute of limitations

• Damages