LEB 323 EXAM 2 WITH 100%
CORRECT ANSWERS
Who coined the term "deontological ethics" and in what year? - Answer-Jeremy
Bentham
1826
"Deontological ethics" more generally means: - Answer-"the knowledge of what is right
and proper"
Immanuel Kant's theory of ethics is considered ______________ - Answer-
deontological
Kant argues that to act in the morally right way, people must - Answer-act from duty
(DEON)
Kant: it was not the consequences of actions that make them right or wrong, but the -
Answer-motives of the person who carries out the action
Are punitive damages awarded in negligence based lawsuits? - Answer-No. Defendant
is guilty of mere carelessness so punitive damages are viewed as inappropriate
In _______ torts, punitive damages are available to plaintiffs - Answer-intentional
Texas Wrongful Death Statute - Answer-allows a surviving spouse, children, and
parents to sue the perpetrator for their damages, including emotional damages
Tort definition - Answer-a civil wrong or harm, other than a breach of contract, for which
the law provides the injured party a remedy for the loss sustained
Two key concepts of tort law - Answer-1) interest sufficiently important that the law is
prepared to provide certain protections to that interest
2) duty on the part of each person to take or not to take actions that could harm or
violate an interest that society has seen fit to protect
4 elements of negligence - Answer-1. D owed a duty of care
2. Breached the duty of care
3. Proximate cause
4. Injury to P
, Elements of negligence cause of action - Answer-Defendent has to have been under a
duty to Plaintiff to use reasonable care
We have no duty to __________ but ___________ so_____________ - Answer--control
the acts of others
-changing social conditions can lead to new duties
-employers control over employee creates a duty that provides a basis for liability
D has to have breached the duty of due care (2) - Answer-1) D fails to act reasonably in
the situation at issue
2)Negligence per se
Negligence per se: D must violate a statute and: (3) - Answer-1. P is within the class of
persons intended to be protected
2. P suffers the type of injury the statute is meant to prevent
3. Violation of the statute causes injuries
2 Examples of negligence per se include violations of: - Answer-1. Dram shop statutes
(making it illegal to serve alcohol to a minor)
2. Speed limits
Proximate causation = (2) - Answer-1) "but for" causation
2) reasonably foreseeable that damage could result
Proximate cause can be disrupted by: - Answer-an independent intervening cause
Example of proximate cause being disrupted by an independent intervening cause -
Answer-Adrian driving down street and comes to intersection that is blocked by accident
bc of Chads negligence. Adrian turns around and tries to go back but struck by tree and
crashes car. Would argue "but for" chandlers negligence she would not have been
anywhere near falling tree.....
Tree falling = independent intervening cause
Rule: Proximity - Answer-an intervening cause that can reasonably be foreseen by the
defendant is usually insufficient to break the casual train.
4 types of injuries - Answer-1. physical
2. economic
3. pain and suffering
4. emotional
Exceptions to P suffering injuries. Emotional damagers are recoverable however note
that: - Answer-physical injury
zone of danger
bystander
CORRECT ANSWERS
Who coined the term "deontological ethics" and in what year? - Answer-Jeremy
Bentham
1826
"Deontological ethics" more generally means: - Answer-"the knowledge of what is right
and proper"
Immanuel Kant's theory of ethics is considered ______________ - Answer-
deontological
Kant argues that to act in the morally right way, people must - Answer-act from duty
(DEON)
Kant: it was not the consequences of actions that make them right or wrong, but the -
Answer-motives of the person who carries out the action
Are punitive damages awarded in negligence based lawsuits? - Answer-No. Defendant
is guilty of mere carelessness so punitive damages are viewed as inappropriate
In _______ torts, punitive damages are available to plaintiffs - Answer-intentional
Texas Wrongful Death Statute - Answer-allows a surviving spouse, children, and
parents to sue the perpetrator for their damages, including emotional damages
Tort definition - Answer-a civil wrong or harm, other than a breach of contract, for which
the law provides the injured party a remedy for the loss sustained
Two key concepts of tort law - Answer-1) interest sufficiently important that the law is
prepared to provide certain protections to that interest
2) duty on the part of each person to take or not to take actions that could harm or
violate an interest that society has seen fit to protect
4 elements of negligence - Answer-1. D owed a duty of care
2. Breached the duty of care
3. Proximate cause
4. Injury to P
, Elements of negligence cause of action - Answer-Defendent has to have been under a
duty to Plaintiff to use reasonable care
We have no duty to __________ but ___________ so_____________ - Answer--control
the acts of others
-changing social conditions can lead to new duties
-employers control over employee creates a duty that provides a basis for liability
D has to have breached the duty of due care (2) - Answer-1) D fails to act reasonably in
the situation at issue
2)Negligence per se
Negligence per se: D must violate a statute and: (3) - Answer-1. P is within the class of
persons intended to be protected
2. P suffers the type of injury the statute is meant to prevent
3. Violation of the statute causes injuries
2 Examples of negligence per se include violations of: - Answer-1. Dram shop statutes
(making it illegal to serve alcohol to a minor)
2. Speed limits
Proximate causation = (2) - Answer-1) "but for" causation
2) reasonably foreseeable that damage could result
Proximate cause can be disrupted by: - Answer-an independent intervening cause
Example of proximate cause being disrupted by an independent intervening cause -
Answer-Adrian driving down street and comes to intersection that is blocked by accident
bc of Chads negligence. Adrian turns around and tries to go back but struck by tree and
crashes car. Would argue "but for" chandlers negligence she would not have been
anywhere near falling tree.....
Tree falling = independent intervening cause
Rule: Proximity - Answer-an intervening cause that can reasonably be foreseen by the
defendant is usually insufficient to break the casual train.
4 types of injuries - Answer-1. physical
2. economic
3. pain and suffering
4. emotional
Exceptions to P suffering injuries. Emotional damagers are recoverable however note
that: - Answer-physical injury
zone of danger
bystander
