AVMG 5090 EXAM 2 REVIEW UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
Question:
1. Negligence Per Say
Answer:
A negligent act occurred because of the violation of a law
Question:
2. Res Ipsa Loquitur
Answer:
A doctrine under which negligence may be inferred simply because an event
occurred, if it is the type of event that would not occur in the absence of
negligence. Literally, the term means "the facts speak for themselves."
Question:
3. strict liability (product liability)
Answer:
A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and
others in the chain of distribution of a defective product liable for the damages
caused by the defect, regardless of fault.
Question:
4. strict liability (ultrahazardous activity)
Answer:
a person is legally responsible for any harm caused by an activity that is inherently
dangerous, regardless of fault or the amount of care taken.
Question:
5. contributory negligence
Answer:
approach to negligence that holds if an accident was even slightly the fault of the
person injured, then that person is not entitled to recover compensation from
anyone else. Contributory negligence is an absolute bar to recovery in a minority
of jurisdictions.
Question:
6. vicarious liability
Answer:
Legal doctrine under which a party can be held liable for the wrongful actions of
another party.
,Question:
7. pre-trial
Answer:
-summons
-discovery
-depositions
-motions
Question:
8. trial
Answer:
-voir dire (look for bias)
-preponderance of evidence (more likely than not)
Question:
9. tort
Answer:
A civil wrong
Question:
10. What are the 4 elements a person must prove in a
negligence case?
Answer:
1. duty-act like reasonably prudent people
2. breach of duty-must show that the defendant failed to meet their legal duty
3. causation-must prove the defendant's breach of duty directly caused the injury
4. damages-must demonstrate that they suffered actual harm
Question:
11. unlimited liability businesses
Answer:
-Sole Proprietorships
• General Partnerships
• Limited Partnerships
Question:
12. limited liability businesses
Answer:
• Limited Liability Company (LLC)
• Limited Liability Partnership (LLP)
• Corporations
, Question:
13. Sole Propriatorship
Answer:
-single individual
-personal liability for debts
-vicarious liability for employees acting within the scope of their employment
Question:
14. general partnership
Answer:
multiple owners with equal risk
Question:
15. limited partnership
Answer:
• Multiple owners
• One "General Partner" with risk of personal liability
• Other partners have limited risk
Question:
16. duck rule
Answer:
-way of describing the legal principle that what a business actually is, and how its
owners operate it, is more important than what they call it
-if it walks like a duck and talks like a duck, it probably is a duck
-nothing can look personal
Question:
17. LLC, LLP, and INC
Answer:
-one to multiple owners
-No personal liability for actions of employees/company
Question:
18. alter ego doctrine
Answer:
If you incorporate the business but operate it as though it were a sole
proprietorship or partnership, the alter ego doctrine permits a plaintiff to "pierce
the corporate veil" to reach your personal assets to satisfy debts or liabilities of
the business.
QUESTIONS AND CORRECT ANSWERS
Question:
1. Negligence Per Say
Answer:
A negligent act occurred because of the violation of a law
Question:
2. Res Ipsa Loquitur
Answer:
A doctrine under which negligence may be inferred simply because an event
occurred, if it is the type of event that would not occur in the absence of
negligence. Literally, the term means "the facts speak for themselves."
Question:
3. strict liability (product liability)
Answer:
A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and
others in the chain of distribution of a defective product liable for the damages
caused by the defect, regardless of fault.
Question:
4. strict liability (ultrahazardous activity)
Answer:
a person is legally responsible for any harm caused by an activity that is inherently
dangerous, regardless of fault or the amount of care taken.
Question:
5. contributory negligence
Answer:
approach to negligence that holds if an accident was even slightly the fault of the
person injured, then that person is not entitled to recover compensation from
anyone else. Contributory negligence is an absolute bar to recovery in a minority
of jurisdictions.
Question:
6. vicarious liability
Answer:
Legal doctrine under which a party can be held liable for the wrongful actions of
another party.
,Question:
7. pre-trial
Answer:
-summons
-discovery
-depositions
-motions
Question:
8. trial
Answer:
-voir dire (look for bias)
-preponderance of evidence (more likely than not)
Question:
9. tort
Answer:
A civil wrong
Question:
10. What are the 4 elements a person must prove in a
negligence case?
Answer:
1. duty-act like reasonably prudent people
2. breach of duty-must show that the defendant failed to meet their legal duty
3. causation-must prove the defendant's breach of duty directly caused the injury
4. damages-must demonstrate that they suffered actual harm
Question:
11. unlimited liability businesses
Answer:
-Sole Proprietorships
• General Partnerships
• Limited Partnerships
Question:
12. limited liability businesses
Answer:
• Limited Liability Company (LLC)
• Limited Liability Partnership (LLP)
• Corporations
, Question:
13. Sole Propriatorship
Answer:
-single individual
-personal liability for debts
-vicarious liability for employees acting within the scope of their employment
Question:
14. general partnership
Answer:
multiple owners with equal risk
Question:
15. limited partnership
Answer:
• Multiple owners
• One "General Partner" with risk of personal liability
• Other partners have limited risk
Question:
16. duck rule
Answer:
-way of describing the legal principle that what a business actually is, and how its
owners operate it, is more important than what they call it
-if it walks like a duck and talks like a duck, it probably is a duck
-nothing can look personal
Question:
17. LLC, LLP, and INC
Answer:
-one to multiple owners
-No personal liability for actions of employees/company
Question:
18. alter ego doctrine
Answer:
If you incorporate the business but operate it as though it were a sole
proprietorship or partnership, the alter ego doctrine permits a plaintiff to "pierce
the corporate veil" to reach your personal assets to satisfy debts or liabilities of
the business.
