Understanding Negligence in Civil Law

What must a plaintiff prove to win a lawsuit against a negligent defendant?

• Responsibility, fault, injury, and penalties

• Intent, harm, causation, and liability

• Duty, breach, causation, and damages

• Accountability, breach, effect, and costs

Which of the following is NOT one of the elements of negligence?

• Intent

• Breach

• Duty

• Damages

What is the highest duty of care owed to which type of land entrant?

• Licensee

• Invitee

• Trespasser

• Guest

What does the 'but-for' test determine in negligence cases?

• The ethical considerations

• The amount of damages awarded

• The actual cause of the injury

• The legal fees involved

Which professional is expected to perform their job with skills superior to those of non-professionals?

• Construction workers

• Retail workers

• Doctors

• Teachers

What type of damages is intended to punish the defendant and deter future negligent conduct?

• Nominal damages

• Punitive damages

• Statutory damages

• Compensatory damages

Who is owed the lowest duty of care on someone else's property?

• Licensee

• Public invitee

• Trespasser

• Business invitee

What must be established by expert testimony in malpractice cases?

• Ethical breach

• Financial loss

• Standard of care

• Contract terms

In the example provided, why would Johnny Baseball likely not be held liable for the woman's death?

• He provided immediate help

• The woman was trespassing

• He had no legal duty to the woman

• The injury was too remote from his negligence

What is an attractive nuisance?

• A legal strategy to reduce liability

• A dangerous condition that attracts children

• A method to enhance property security

• A type of legal agreement