RMIN 4000 UGA EDMUNDS EXAM 4
ACCURATE 100%
Philidelphia judicial hellhole - ANSWER Reputation for excessive verdicts and its "open
door" policy to out of state
Georgia judicial hellhole - ANSWER Continue rise in nuclear verdicts, increasing role of
third-party litigation financing, and premise liability. trial lawyers and jackpot verdict
paydays. advertising focus on truckers
legal wrong - ANSWER a violation of a person's legal rights, or a failure to perform a
legal duty owed to a certain person, to a business org., or to a society as a whole
types of legal wrongs - ANSWER crime, breach of contract, and tort
tort - ANSWER Legal wrong for which the court allows a remedy in the form of monetary
damages
plaintiff - ANSWER the person who is injured
Tortfeasor - ANSWER the alleged wrongdoer
categories of tort - ANSWER intentional, strict liability, and negligence
intentional torts - ANSWER Intentional act or omission resulting in harm or injury to
another person or damage to their property
examples of intentional tort - ANSWER libel, slander, invasion of privacy, assault, patent
infringements
strict liability - ANSWER Liability imposed regardless of negligence or fault (damage
from animals, hazardous activities)
negligence tort - ANSWER Failure to exercise the standard of care required by law to
protect others from an unreasonable risk of harm
standard of care - ANSWER not the same for each wrongful act; based on the care
required by a reasonably prudent person
elements of negligence - ANSWER existence of a legal duty owed, breach of legal duty,
damage or injury, and proximate cause between act and damage
compensatory damages - ANSWER compensate the injured party for the harm suffered
(special and general)
, special damages - ANSWER lost work earnings, medical bills, property repair costs
general damages - ANSWER Loss of a companion, disfigurement, pain and suffering
punitive damages - ANSWER Punish the wrongdoer and to deter others from doing
similar acts
contributory negligence - ANSWER Injured person cannot collect if their care falls below
the standard of care required for their protection or they are 1% responsible
comparative negligence - ANSWER Financial burden of injury is shared by both parties
according to respective degrees of fault
pure rule - ANSWER reward is reduced in proportion to your fault
50% rule - ANSWER you cannot recover if you are 50% or more at fault
51% rule - ANSWER you cannot recover if you are 51% or more at fault
invitee - ANSWER one that is invited onto premises for benefit of occupant. owner has
obligation to inspect premises and eliminate any dangerous conditions
attractive nuisance - ANSWER a condition that can attract or injure children where
occupants of land are liable (pool or playground)
respondeat superior - ANSWER employer held liable for negligent acts of employees
while acting on behalf of employer
when are parents held liable for their child? - ANSWER child uses dangerous weapon,
child acting as agent for parents, and a minor operating the family car
what are some tort liability problems? - ANSWER defective tort system, medical sector
claims, and class action lawsuits
what types of vehicle are covered under a PAP - ANSWER private passenger vehicle,
station wagon, sports utility vehicle (SUV), and pickup truck or van (weighs <10,000
pounds and not for business use)
Insurance Services Office (ISO) - ANSWER a provider of statistical, actuarial,
underwriting, claims information, and analytics with compliance and fraud identification
tools
definition of "your covered auto" - ANSWER Any auto shown in declarations, a "newly
acquired auto", a "trailer" owned by the named insured, or a temporary substitute
vehicle
ACCURATE 100%
Philidelphia judicial hellhole - ANSWER Reputation for excessive verdicts and its "open
door" policy to out of state
Georgia judicial hellhole - ANSWER Continue rise in nuclear verdicts, increasing role of
third-party litigation financing, and premise liability. trial lawyers and jackpot verdict
paydays. advertising focus on truckers
legal wrong - ANSWER a violation of a person's legal rights, or a failure to perform a
legal duty owed to a certain person, to a business org., or to a society as a whole
types of legal wrongs - ANSWER crime, breach of contract, and tort
tort - ANSWER Legal wrong for which the court allows a remedy in the form of monetary
damages
plaintiff - ANSWER the person who is injured
Tortfeasor - ANSWER the alleged wrongdoer
categories of tort - ANSWER intentional, strict liability, and negligence
intentional torts - ANSWER Intentional act or omission resulting in harm or injury to
another person or damage to their property
examples of intentional tort - ANSWER libel, slander, invasion of privacy, assault, patent
infringements
strict liability - ANSWER Liability imposed regardless of negligence or fault (damage
from animals, hazardous activities)
negligence tort - ANSWER Failure to exercise the standard of care required by law to
protect others from an unreasonable risk of harm
standard of care - ANSWER not the same for each wrongful act; based on the care
required by a reasonably prudent person
elements of negligence - ANSWER existence of a legal duty owed, breach of legal duty,
damage or injury, and proximate cause between act and damage
compensatory damages - ANSWER compensate the injured party for the harm suffered
(special and general)
, special damages - ANSWER lost work earnings, medical bills, property repair costs
general damages - ANSWER Loss of a companion, disfigurement, pain and suffering
punitive damages - ANSWER Punish the wrongdoer and to deter others from doing
similar acts
contributory negligence - ANSWER Injured person cannot collect if their care falls below
the standard of care required for their protection or they are 1% responsible
comparative negligence - ANSWER Financial burden of injury is shared by both parties
according to respective degrees of fault
pure rule - ANSWER reward is reduced in proportion to your fault
50% rule - ANSWER you cannot recover if you are 50% or more at fault
51% rule - ANSWER you cannot recover if you are 51% or more at fault
invitee - ANSWER one that is invited onto premises for benefit of occupant. owner has
obligation to inspect premises and eliminate any dangerous conditions
attractive nuisance - ANSWER a condition that can attract or injure children where
occupants of land are liable (pool or playground)
respondeat superior - ANSWER employer held liable for negligent acts of employees
while acting on behalf of employer
when are parents held liable for their child? - ANSWER child uses dangerous weapon,
child acting as agent for parents, and a minor operating the family car
what are some tort liability problems? - ANSWER defective tort system, medical sector
claims, and class action lawsuits
what types of vehicle are covered under a PAP - ANSWER private passenger vehicle,
station wagon, sports utility vehicle (SUV), and pickup truck or van (weighs <10,000
pounds and not for business use)
Insurance Services Office (ISO) - ANSWER a provider of statistical, actuarial,
underwriting, claims information, and analytics with compliance and fraud identification
tools
definition of "your covered auto" - ANSWER Any auto shown in declarations, a "newly
acquired auto", a "trailer" owned by the named insured, or a temporary substitute
vehicle
