PERSPECTIVE COMPREHENSIVE STUDY
GUIDE COMPLETE QUESTIONS AND
ANSWERS WITH VERIFIED DETAILED
SOLUTIONS
⩥ Tort.
Answer: A wrongful act or omission, other than a crime or a breach of
contract, that invades a legally protected right
⩥ Tortfeasor.
Answer: A person or an organization that has committed a tort.
⩥ Plaintiff.
Answer: The person or entity who files a lawsuit and is named as a party
⩥ Defendant.
Answer: The party in a lawsuit against whom a complaint is filed
⩥ Legal duty.
,Answer: An element of negligence that exists when parties are in such a
relationship that the law imposes on one party the responsibility for the
exercise of care toward the other party
⩥ Statute.
Answer: A written law passed by a legislative body at either the federal
or state level.
⩥ Common law (case law).
Answer: Laws that develop out of court decisions in particular cases and
establish precedents for future cases.
⩥ Reasonable person test.
Answer: A standard for the degree of care exercised in a situation that is
measured by what a reasonably cautious person would or would not do
under similar circumstances.
⩥ Common carriers.
Answer: Airlines, railroads, or trucking companies that furnish
transportation to any member of the public seeking their offered
services.
⩥ Proximate cause.
, Answer: A cause that, in a natural and continuous sequence unbroken by
any new and independent cause, produces an event and without which
the event would not have happened.
⩥ "But for" rule.
Answer: A rule used to determine whether a defendant's act was the
proximate cause of a plaintiff's harm based on the determination that the
plaintiff's harm could not have occurred but for the defendant's act
⩥ Substantial factor rule.
Answer: A rule used to determine proximate cause of a loss by
determining which of the acts are significant factors in causing the harm.
⩥ Foreseeability rule.
Answer: A rule used to determine proximate cause when a plaintiff's
harm is the natural and probable consequence of the defendant's
wrongful act and when the ordinarily reasonable person would have
foreseen the harm
⩥ Intervening act.
Answer: An act, independent of an original act and not readily
foreseeable, that breaks the chain of causation and sets a new chain of
events in motion that causes harm.
⩥ Concurrent causation [doctrine].