Flashcards
9-3-2026 - Lecture 2: Negligence
Flashcards do conjunto (30)
- 1In the breach inequality $B < P \times L$, what does variable $P$ represent?The probability that harm will occur.
- 2How do causation in fact and proximate causation differ in their core analytical inquiry?Causation in fact evaluates actual factual linkage ("but for" test), whereas proximate causation evaluates policy limits and foreseeability (scope of legal liability).
- 3If a physician fails to disclose an alternative treatment option to a patient, under what tort theory does the patient bring a claim?Negligence based on lack of informed consent.
- 4In a jury trial, who decides whether the defendant owed a legal duty of care to the plaintiff?The trial judge (it is a question of law).
- 5How is causation proven under the *objective standard* for lack of informed consent?By showing that a *reasonable person in the patient's position* would not have consented to the treatment had proper disclosure been made.
- 6What doctrine is considered the *sine qua non* (essential prerequisite) of liability for negligence?The doctrine of foreseeability of harm.
- 7Under the economic algebraic calculus for breach (Hand Formula), when does evidence permit an inference of breach?When the burden of adequate precautions is less than the probability of harm multiplied by the magnitude of loss ($B < P \times L$).
- 8What was the minority rule regarding professional standards of care, and what is its status in most states today?The local standard of care (locality rule), which has been abolished in most states.
- 9What is the majority rule in modern jurisdiction regarding the geographic standard of care applied to professionals?The national standard of care.
- 10What primary administrative and legal function does the trial judge serve during a negligence suit?Promoting the administration of justice and deciding questions of law.
- 11In the breach inequality $B < P \times L$, what does variable $L$ represent?The magnitude or gravity of the loss.
- 12In negligence law, what does the element of "duty of care" obligate an actor to do?To conform to a specific standard of conduct in order to avoid an unreasonable risk of injury to others.
- 13Are nominal damages recoverable in a cause of action for negligence?No. Negligence requires proof of actual damages; nominal damages are unavailable.
- 14What is the standard test for establishing causation in fact in a standard negligence claim?The "but for" test: the harm suffered would not have happened but for the defendant's conduct.
- 15How does foreseeability of harm determine the existence of a legal duty?A defendant owes a duty of care if it is foreseeable that harm may result if due care is not exercised.
- 16What determines whether proximate causation (scope of liability) exists?Whether the harm suffered was a foreseeable, natural, and probable consequence of the defendant's conduct.
- 17Who rules on the admissibility of evidence during a tort trial?The trial judge.
- 18To satisfy the duty of obtaining informed consent, what three items must a physician disclose to a patient?1. Material risks
2. Benefits
3. Alternatives to the recommended treatment or procedure - 19What responsibility does the trial judge have regarding jury instructions?To appropriately instruct the jury on the applicable law by deciding which instructions are warranted by the evidence and which are not.
- 20Under informed consent doctrine, when is a risk classified as "material"?If it is likely to affect a reasonable patient's decision or is something a reasonable patient would want to know.
- 21How is causation proven under the *subjective standard* for lack of informed consent?By showing that *this specific patient* would not have consented to the treatment had proper disclosure been made.
- 22How is negligence defined in tort law?The failure to act as a reasonably prudent person would under the same or similar circumstances.
- 23How does the trial judge determine whether a case can properly be submitted to the jury?By deciding whether reasonable minds can differ based on the evidence as to the ultimate issues and whether the plaintiff made a prima facie case.
- 24Under Restatement (Second) of Torts ยง 328C, what four ultimate issues fall within the domain of the jury when reasonable conclusions may differ?1. Determining the facts
2. Whether conduct conformed to the standard required by law (breach)
3. Whether conduct is a legal cause of harm (causation)
4. The amount of compensation (damages) - 25Why is expert witness testimony generally required in professional malpractice or professional standard-of-care cases?Because the standard of care for a professional is generally outside the realm of common knowledge of laypersons.
- 26What are the four essential elements required to establish a cause of action in negligence?1. Duty of care
2. Breach of duty
3. Causation (factual and proximate)
4. Actual damages - 27When evaluating whether a defendant is entitled to judgment as a matter of law (JMOL), what initial threshold must the judge assess regarding the plaintiff's evidence?Whether the plaintiff has satisfied their burden of establishing a prima facie case.
- 28In the breach inequality $B < P \times L$, what does variable $B$ represent?The burden of taking adequate precautions.
- 29What procedural effect occurs if the plaintiff's harm is an unforeseeable result of the defendant's conduct?The evidence will not support submitting the question of negligence to the jury.
- 30When does a "breach of duty of care" occur?When an actor fails to conform their conduct to the standard required by law.
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- Criado por Giovanna Minotta · 21 out 2026
- Copiado por Giovanna Minotta · 21 out 2026
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