4 Elements of Negligence Flashcards

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?

Plaintiff suffered actual injury or losses. Signup and view all the answers

One of the four elements of negligence is __________.

Duty, Breach of Duty, Causation, Damages Signup and view all the answers

What does the statute of limitation refer to?

The amount of time someone has to file a lawsuit. Signup and view all the answers

What are civil cases typically about?

Suits that involve disputes between individuals or organizations. Signup and view all the answers

What does the term 'precedent' mean in legal terms?

A particular legal issue was settled in another similar case. Signup and view all the answers

What does 'in rem jurisdiction' mean?

The court has jurisdiction over the property or subject matter of the dispute. Signup and view all the answers

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.

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.