CP Torts and Personal Injury 2

Question 1

What are the four elements required to prove negligence?

Accepted Answer

Duty, breach, causation, and damages

Answer

The plaintiff must prove duty of care, breach of that duty, causation, and actual damages.

Question 2

What is the difference between comparative negligence and contributory negligence?

Accepted Answer

Comparative reduces damages proportionally while contributory completely bars recovery if the plaintiff was at all negligent

Answer

Comparative negligence reduces recovery proportionally; contributory negligence completely bars recovery for any plaintiff negligence.

Question 3

What is strict liability in tort law?

Accepted Answer

Liability imposed without fault for abnormally dangerous activities or defective products

Answer

Strict liability holds defendants liable regardless of fault, applied to ultrahazardous activities, defective products, and wild animals.

Question 4

What is the statute of limitations in a personal injury case?

Accepted Answer

A deadline by which a plaintiff must file their lawsuit or lose the right to sue

Answer

The statute of limitations is a time limit within which a plaintiff must file, typically 2-3 years from injury.

Question 5

What is vicarious liability in tort law?

Accepted Answer

Responsibility imposed on one party for another's wrongful acts, such as employer for employee negligence

Answer

Vicarious liability holds one party responsible for another's torts based on their relationship, commonly under respondeat superior.

(CP) NALA Certified Paralegal Practice Test