All flashcards
346 cards
41What are the most common tests courts use to determine whether a business proprietor has a duty to protect invitees from the wrongful acts of third parties?
42Can a special relationship between an actor and a third party give rise to a duty on the part of the actor to protect potential victims from the third party?
43Can a therapist or similar mental-health professional owe a duty of care to protect a third party from a patient’s wrongful acts?
44A doctor knew that a patient suffered from sudden, unpredictable seizures. Proper medication could control the seizures. However, it was very risky for the patient to drive a vehicle without taking the medication. Although the doctor was better able than the patient to appreciate the risk of suffering a seizure while driving without medication, the doctor did not warn the patient against driving a car without taking the medication. One day, the patient forgot to take his seizure medication and drove a car. While driving, the patient had a seizure, blacked out, and struck a pedestrian at a crosswalk. What duty, if any, did the doctor owe to the pedestrian?
45Do custodians owe people in their custody a duty of reasonable care to protect them from third parties’ misconduct?
46Do all school personnel owe the students a duty of care to protect the students from a third party’s wrongful conduct?
47What is the duty of a commercial seller of alcohol with respect to minor or visibly intoxicated patrons?
48What is a dram-shop law?
49Generally, are parents liable for their minor children’s torts?
50What is the public-duty doctrine?
51In negligence law, do the police owe a duty to protect a specific person or persons from another’s wrongdoing?
52Once it is established that a defendant owed a plaintiff a duty, what is the next step in a negligence analysis?
53What is the reasonable-person standard?
54For purposes of the reasonable-person standard, what are the mental characteristics of the reasonable person?
55Does the standard of care change for a person with special knowledge or abilities that the average person lacks?
56For purposes of the reasonable-person standard, what are the physical characteristics of the reasonable person?
57For an adult defendant, are insanity, stupidity, inexperience, or ignorance defenses to negligence?
58In an emergency situation, what standard of care applies to an adult actor’s conduct?
59What is the standard of care for minors?
60In negligence cases, what standard of care applies to a child engaging in anything other than a typically adult activity?
61Is the special child standard of care always used to establish the standard of care for children?
62What is the standard of care that common carriers owe to their passengers?
63What duty do common carriers and innkeepers owe their passengers and guests with regard to third parties’ wrongful acts?
64What are motor-vehicle guest statutes?
65Does a motor-vehicle-guest statute limit a motor-vehicle driver’s duty of care to a non-paying passenger?
66Does a medical-malpractice claim require any additional elements beyond the elements for a general negligence claim?
67Is the standard of care for medical-malpractice claims the reasonable-person standard?
68For purposes of medical-malpractice claims, what are the three possible rules for determining the standard of care for general medical practitioners?
69In medical-malpractice cases, what is the locality rule, also known as the strict-locality rule?
70In medical-malpractice cases, what is the modified locality rule?
71In medical-malpractice cases, what is the same-or-similar-circumstances rule?
72What is the rule for determining the standard of care for a medical specialist practicing within his or her specialty?
73What duty does a medical professional have before embarking on a treatment or procedure?
74What are the elements of a medical-malpractice claim for failing to obtain the plaintiff’s informed consent to a medical treatment or procedure?
75How is the applicable standard of care established in medical-malpractice cases?
76In a medical-malpractice action, who bears the burden of establishing the applicable standard of care?
77What is a Good Samaritan statute?
78Are there limitations to Good Samaritan statutes?
79Can a preexisting duty to provide medical treatment render a Good Samaritan statute inapplicable?
80What is negligence per se?