CP Torts & Personal Injury Flashcards
6 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CP Torts & Personal Injury flashcards as text
California's government tort claims act (Government Code § 911.2) requires a plaintiff suing a public entity to first file a government tort claim within:
Answer: 6 months of the accrual of the cause of action for personal injury
California Government Code § 911.2 requires a personal injury tort claim against a public entity to be presented within six months of the accrual date.
Under California's respondeat superior doctrine, an employer is vicariously liable for an employee's negligent acts if they occurred:
Answer: Within the scope of the employee's employment
Respondeat superior imposes liability on an employer for employee torts committed within the scope of employment, regardless of the employer's direct fault.
Punitive damages in a California personal injury case are available when the defendant's conduct was:
Answer: Malicious, oppressive, or fraudulent (Civil Code § 3294)
California Civil Code § 3294 permits punitive damages only when the defendant acted with malice, oppression, or fraud—a higher standard than simple negligence.
The 'discovery rule' in California tort law tolls the statute of limitations until:
Answer: The plaintiff discovers, or through reasonable diligence should have discovered, the injury and its cause
California's discovery rule delays the start of the limitations period until the plaintiff knew or reasonably should have known of the injury and its negligent cause.
A California paralegal reviewing a personal injury file should ensure which document is obtained from a treating physician to establish the link between the accident and the plaintiff's injuries?
Answer: A causation letter or medical narrative opinion
A causation letter or medical narrative opinion from the treating physician establishes the critical link between the defendant's negligence and the plaintiff's specific injuries.
California's loss of consortium claim may be brought by a plaintiff who is:
Answer: The injured person's spouse or registered domestic partner
California law permits a loss of consortium claim by a spouse or registered domestic partner of a person injured by another's negligence, compensating for loss of companionship and services.