Questions and Answers
What does 'Duty' refer to in the context of negligence?
Defendant owned a 'duty of care' to the plaintiff.
What does 'Breach of Duty' mean?
Defendant's conduct breached that duty.
What does 'Causation' imply in negligence cases?
Defendant's conduct caused the plaintiff harm.
What does 'Damages' mean in the context of negligence?
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One of the four elements of negligence is __________.
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What does the statute of limitation refer to?
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What are civil cases typically about?
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What does the term 'precedent' mean in legal terms?
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What does 'in rem jurisdiction' mean?
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Study Notes
Elements of Negligence
- Four essential components of negligence: Duty, Breach of Duty, Causation, and Damages.
- Duty: The obligation of the defendant to act in a manner that considers the safety and welfare of the plaintiff.
- Breach of Duty: Occurs when the defendant fails to meet the established duty of care.
- Causation: The defendant's actions must directly result in the harm experienced by the plaintiff.
- Damages: The plaintiff must demonstrate actual injuries or financial losses incurred due to the defendant’s actions.
Additional Legal Concepts
- Statute of Limitation: Refers to the legally defined time limit within which a plaintiff can initiate a lawsuit after an injury or harm.
- Civil Cases: Typically involve legal disputes between individuals or entities rather than criminal charges, focusing on compensation for damages.
- Precedent: Legal principle established in earlier cases that guides the outcome of similar future cases, ensuring consistency in the law.
- In Rem Jurisdiction: Describes a court's authority to adjudicate matters concerning property or a specific piece of land, rather than any parties involved.
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Description
Explore the fundamental components of negligence through these flashcards. Each card highlights key terms such as Duty, Breach of Duty, Causation, and Damages, providing clear definitions to aid your understanding. Perfect for law students or anyone interested in legal principles.