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</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</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</p> Signup and view all the answers

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

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

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

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

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

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

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