Researching Liability

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Questions and Answers

What are the four elements that must be proven in California negligence claims?

  • Duty of care, breach of duty, injury and causation, damages (correct)
  • Intent, breach of duty, causation, damages
  • Duty of care, case law, causation, injury
  • None of the above

What is the primary purpose of the liability section in demands?

  • To list insurance company details
  • To establish the defendant’s negligence (correct)
  • To provide a summary of damages
  • None of the above

What does "Accepted Liability" mean in the context of insurance claims?

  • The insurance company denies that their insured is at fault
  • The insurance company admits that their insured is at fault (correct)
  • The plaintiff acknowledges their own negligence
  • None of the above

When are cases considered "Mandatory Authority"?

<p>When they are from a higher court and in the same jurisdiction (A)</p> Signup and view all the answers

Which among the following is a characteristic of "Disputed Liability" cases?

<p>They require further explanation and argumentation (A)</p> Signup and view all the answers

How can non-legally binding information be used in support of counter-arguments?

<p>It can be presented to emphasize negligence (B)</p> Signup and view all the answers

In a case of Accepted/Uncontested Liability, how should the liability section be structured?

<p>Generally straightforward (B)</p> Signup and view all the answers

What does "Case law" refer to in legal terms?

<p>Common law (B)</p> Signup and view all the answers

What is the main difference between mandatory and persuasive authority?

<p>Mandatory authority is always binding, while persuasive authority is not (A)</p> Signup and view all the answers

In what situation is a degree of negligence apportioned to the plaintiff?

<p>Comparative liability (C)</p> Signup and view all the answers

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