Podcast
Questions and Answers
According to California's 'primary right' theory, what are the essential components of a cause of action?
According to California's 'primary right' theory, what are the essential components of a cause of action?
- Plaintiff's intent, defendant's knowledge, and judicial review.
- A primary right of the plaintiff, a corresponding duty of the defendant, and a breach of that duty by the defendant. (correct)
- Expert testimony, witness statements and evidence submission.
- Mediation attempts, arbitration results, and court decisions.
In a negligence case, what element refers to the connection between the defendant's breach of duty and the harm suffered by the plaintiff?
In a negligence case, what element refers to the connection between the defendant's breach of duty and the harm suffered by the plaintiff?
- Breach of duty.
- Damages.
- Causation. (correct)
- Duty of care.
- The existence of a legal duty.
According to CACI No. 400, what must a plaintiff prove for a standard negligence claim?
According to CACI No. 400, what must a plaintiff prove for a standard negligence claim?
- That the plaintiff and defendant knew each other.
- That the defendant was negligent, the plaintiff was harmed, and the defendant's negligence was a substantial factor in causing the harm. (correct)
- Only that the plaintiff suffered monetary damages.
- Only that the defendant owed them a duty of care.
In a motor vehicle negligence case, what does the element of 'foreseeability (little duty)' primarily concern?
In a motor vehicle negligence case, what does the element of 'foreseeability (little duty)' primarily concern?
What is 'loss of consortium' primarily related to?
What is 'loss of consortium' primarily related to?
How does the definition of 'battery' differ from 'assault' in civil law?
How does the definition of 'battery' differ from 'assault' in civil law?
Under the cause of action for 'Breach of Implied Warranty of Habitability', what does a residential landlord covenant?
Under the cause of action for 'Breach of Implied Warranty of Habitability', what does a residential landlord covenant?
In the context of 'Negligent Hiring and Retention', when might an employer be deemed liable for injuries caused by an employee?
In the context of 'Negligent Hiring and Retention', when might an employer be deemed liable for injuries caused by an employee?
In the context of animal torts, under what conditions is the owner of a dog liable for damages suffered by a person bitten by the dog?
In the context of animal torts, under what conditions is the owner of a dog liable for damages suffered by a person bitten by the dog?
What must be proven to hold a public entity liable for a dangerous condition of public property?
What must be proven to hold a public entity liable for a dangerous condition of public property?
Under what circumstances can someone bring a wrongful death action?
Under what circumstances can someone bring a wrongful death action?
How do CACI jury instructions relate to specific legal issues or causes of action?
How do CACI jury instructions relate to specific legal issues or causes of action?
What is the significance of "specific elements" in each cause of action?
What is the significance of "specific elements" in each cause of action?
In a claim of motor vehicle negligence, what is the role of the 'ordinarily careful and prudent person'?
In a claim of motor vehicle negligence, what is the role of the 'ordinarily careful and prudent person'?
What is 'constructive knowledge' referring to in the context of negligent entrustment?
What is 'constructive knowledge' referring to in the context of negligent entrustment?
Which of the following is a required element for establishing a cause of action for premises liability?
Which of the following is a required element for establishing a cause of action for premises liability?
In the context of 'Loss of Consortium', which of the following parties may typically have a cause of action?
In the context of 'Loss of Consortium', which of the following parties may typically have a cause of action?
Which factor is most critical in determining the responsibility for premises liability?
Which factor is most critical in determining the responsibility for premises liability?
Which cause of action involves a defendant performing an intentional act that results in harmful or offensive contact with the plaintiff's person without consent?
Which cause of action involves a defendant performing an intentional act that results in harmful or offensive contact with the plaintiff's person without consent?
How does Assault differ from Battery?
How does Assault differ from Battery?
For establishing liability in a wrongful death case, which factor is most critical?
For establishing liability in a wrongful death case, which factor is most critical?
Which of the following best characterizes the 'duty of care' in a negligence claim?
Which of the following best characterizes the 'duty of care' in a negligence claim?
What is the primary role of the plaintiff's complaint in relation to causes of action?
What is the primary role of the plaintiff's complaint in relation to causes of action?
What principle underlies the cause of action for 'Negligent Entrustment'?
What principle underlies the cause of action for 'Negligent Entrustment'?
Which element must the plaintiff satisfy to prove the tort of Assault?
Which element must the plaintiff satisfy to prove the tort of Assault?
In the context of property law, which consideration is central to a 'Breach of Implied Warranty of Habitability' claim?
In the context of property law, which consideration is central to a 'Breach of Implied Warranty of Habitability' claim?
What distinguishes strict liability from negligence?
What distinguishes strict liability from negligence?
Regarding dangerous conditions on a property, it can be said that the owner or occupier is in the best position to:
Regarding dangerous conditions on a property, it can be said that the owner or occupier is in the best position to:
What concept must the plaintiff show regarding Parent or Guardian's liability for a child's torts?
What concept must the plaintiff show regarding Parent or Guardian's liability for a child's torts?
Loss of Consortium provides for an action to a
Loss of Consortium provides for an action to a
With respect to California's 'primary right' theory, what right exists for the plaintiff?
With respect to California's 'primary right' theory, what right exists for the plaintiff?
What makes each COA unique among all of them?
What makes each COA unique among all of them?
Under California law, which of the following is essential to establish a cause of action?
Under California law, which of the following is essential to establish a cause of action?
Which of the following best describes the role of specific elements in a cause of action?
Which of the following best describes the role of specific elements in a cause of action?
Which of the following must be proven in a general negligence cause of action?
Which of the following must be proven in a general negligence cause of action?
What is the primary purpose of the Judicial Council of California Civil Jury Instructions (CACI) in relation to causes of action?
What is the primary purpose of the Judicial Council of California Civil Jury Instructions (CACI) in relation to causes of action?
What role do treatises play in understanding causes of action alongside CACI jury instructions?
What role do treatises play in understanding causes of action alongside CACI jury instructions?
What duty does a defendant in a motor vehicle negligence case owe to the plaintiff?
What duty does a defendant in a motor vehicle negligence case owe to the plaintiff?
In the context of motor vehicle negligence, what does 'foreseeability' primarily concern?
In the context of motor vehicle negligence, what does 'foreseeability' primarily concern?
How is 'constructive knowledge' typically established in a negligent entrustment case?
How is 'constructive knowledge' typically established in a negligent entrustment case?
What is a key consideration for determining liability in premises liability cases?
What is a key consideration for determining liability in premises liability cases?
Which of the following best describes the 'duty' element in the context of premises liability?
Which of the following best describes the 'duty' element in the context of premises liability?
In the context of 'Loss of Consortium', who typically has the right to bring a cause of action?
In the context of 'Loss of Consortium', who typically has the right to bring a cause of action?
What distinguishes assault from battery in civil law?
What distinguishes assault from battery in civil law?
What is the key element that must be demonstrated to prove civil assault?
What is the key element that must be demonstrated to prove civil assault?
In the context of Breach of Implied Warranty of Habitability, what does it mean for a landlord to maintain premises in a 'habitable state'?
In the context of Breach of Implied Warranty of Habitability, what does it mean for a landlord to maintain premises in a 'habitable state'?
Which of the following conditions would most likely constitute a breach of the implied warranty of habitability?
Which of the following conditions would most likely constitute a breach of the implied warranty of habitability?
In a 'Negligent Hiring and Retention' cause of action, what must an employer know or have reason to know to be held liable for an employee's actions?
In a 'Negligent Hiring and Retention' cause of action, what must an employer know or have reason to know to be held liable for an employee's actions?
In the context of animal torts, under what circumstances is a dog owner generally liable for damages from a dog bite, according to Civil Code §3342?
In the context of animal torts, under what circumstances is a dog owner generally liable for damages from a dog bite, according to Civil Code §3342?
In an industrial injury case involving a 'Dangerous Condition of Premises', what is the primary factor that determines responsibility?
In an industrial injury case involving a 'Dangerous Condition of Premises', what is the primary factor that determines responsibility?
What must typically be demonstrated to hold a public entity liable for injuries caused by a dangerous condition of public property?
What must typically be demonstrated to hold a public entity liable for injuries caused by a dangerous condition of public property?
Which of the following factors is most critical in establishing standing to bring a wrongful death action?
Which of the following factors is most critical in establishing standing to bring a wrongful death action?
In cases of general negligence, what constitutes a breach of duty?
In cases of general negligence, what constitutes a breach of duty?
To establish liability in a wrongful death case, which proof regarding the death is essential?
To establish liability in a wrongful death case, which proof regarding the death is essential?
In a motor vehicle negligence claim, what care must a motorist exercise while driving on a public or private road?
In a motor vehicle negligence claim, what care must a motorist exercise while driving on a public or private road?
Regarding Negligent Entrustment, a person may be liable for injuries proximately caused when:
Regarding Negligent Entrustment, a person may be liable for injuries proximately caused when:
What knowledge is needed determine Parent or Guardian's liability for a child's tort?
What knowledge is needed determine Parent or Guardian's liability for a child's tort?
With respect to the duty of care in negligence, consider the following scenario: A homeowner mows their lawn at 3 a.m. and injures a passer-by. The actions of the homeowner would be considered:
With respect to the duty of care in negligence, consider the following scenario: A homeowner mows their lawn at 3 a.m. and injures a passer-by. The actions of the homeowner would be considered:
In the COA related to intentional torts, for battery, the plaintiff must prove that the:
In the COA related to intentional torts, for battery, the plaintiff must prove that the:
In product liability cases, when might a manufacturer be held liable for negligence?
In product liability cases, when might a manufacturer be held liable for negligence?
A major consideration for habitability is:
A major consideration for habitability is:
Civil assault is not the same as:
Civil assault is not the same as:
In which of the following cases is owner liability least clear when looking at a Dangerous Condition on a work premises?
In which of the following cases is owner liability least clear when looking at a Dangerous Condition on a work premises?
In the COA of Wrongful Death how does standing affect bringing a case?
In the COA of Wrongful Death how does standing affect bringing a case?
A landlord of a property is not supposed to lease it to someone unless what is true?
A landlord of a property is not supposed to lease it to someone unless what is true?
If an employer failed to conduct a sufficient driving background review before hiring a driver, what is the most likely COA could arise?
If an employer failed to conduct a sufficient driving background review before hiring a driver, what is the most likely COA could arise?
A person may recover damages for what specifically according to the Negligent Infliction of Emotional Distress cause of action?
A person may recover damages for what specifically according to the Negligent Infliction of Emotional Distress cause of action?
Loss of consortium is best described as:
Loss of consortium is best described as:
A direct victim in which of the following actions can see recovery?
A direct victim in which of the following actions can see recovery?
What does the legal definition of battery include?
What does the legal definition of battery include?
When parents or guardians are responsible for their child's actions, that is typically due to the parent:
When parents or guardians are responsible for their child's actions, that is typically due to the parent:
In California, under the 'primary right' theory, which of the following best describes the components of a cause of action?
In California, under the 'primary right' theory, which of the following best describes the components of a cause of action?
If a plaintiff asserts multiple causes of action in a single lawsuit, what is generally required?
If a plaintiff asserts multiple causes of action in a single lawsuit, what is generally required?
According to CACI No. 400, what is a critical element that a plaintiff must prove in a standard negligence claim?
According to CACI No. 400, what is a critical element that a plaintiff must prove in a standard negligence claim?
In the context of motor vehicle negligence, what level of care is a motorist driving on a public or private road expected to exercise?
In the context of motor vehicle negligence, what level of care is a motorist driving on a public or private road expected to exercise?
In a negligent entrustment case, what is 'constructive knowledge' primarily related to?
In a negligent entrustment case, what is 'constructive knowledge' primarily related to?
For a parent to be held liable for a child's torts, what must be proven regarding the parent's behavior?
For a parent to be held liable for a child's torts, what must be proven regarding the parent's behavior?
In premises liability cases, what factor is critical for determining responsibility?
In premises liability cases, what factor is critical for determining responsibility?
In civil law, what key element must the plaintiff demonstrate to prove civil assault?
In civil law, what key element must the plaintiff demonstrate to prove civil assault?
In a construction setting in the COA Dangerous Condition of Premises, when is owner liability least clear?
In a construction setting in the COA Dangerous Condition of Premises, when is owner liability least clear?
In California, how does the definition of 'cause of action' compare to the definition used in the Philippines?
In California, how does the definition of 'cause of action' compare to the definition used in the Philippines?
In California, how is a cause of action defined using the 'primary right' theory?
In California, how is a cause of action defined using the 'primary right' theory?
What steps are necessary to ensure each cause of action is sufficiently presented in a complaint?
What steps are necessary to ensure each cause of action is sufficiently presented in a complaint?
In a lawsuit, if a plaintiff asserts multiple causes of action, what is required of the causes of action?
In a lawsuit, if a plaintiff asserts multiple causes of action, what is required of the causes of action?
Besides general negligence claims, what additional causes of action can a plaintiff assert in a lawsuit involving motor vehicle negligence?
Besides general negligence claims, what additional causes of action can a plaintiff assert in a lawsuit involving motor vehicle negligence?
Which type of victim is associated with negligent infliction of emotional distress claims?
Which type of victim is associated with negligent infliction of emotional distress claims?
Under what conditions might negligence per se be applicable in a premises liability case?
Under what conditions might negligence per se be applicable in a premises liability case?
For premises liability, what relationship to the property typically establishes a basis for liability?
For premises liability, what relationship to the property typically establishes a basis for liability?
What should a premises owner do to be considered to have constructive knowledge of a dangerous condition?
What should a premises owner do to be considered to have constructive knowledge of a dangerous condition?
From a premises liability perspective, how does a plaintiff being harmed by an external element outside of the property affect liability?
From a premises liability perspective, how does a plaintiff being harmed by an external element outside of the property affect liability?
What are some additional causes of action that can be part of premises liability, in addition to ordinary negligence?
What are some additional causes of action that can be part of premises liability, in addition to ordinary negligence?
How does negligent hiring relate to a premises liability case?
How does negligent hiring relate to a premises liability case?
If a person slips and falls on a business property, what additional cause of action might be alleged if the employees discriminate against supporting the injured person due to his racial situation?
If a person slips and falls on a business property, what additional cause of action might be alleged if the employees discriminate against supporting the injured person due to his racial situation?
What are the effects of using jury instructions when drafting a complaint?
What are the effects of using jury instructions when drafting a complaint?
When can jury instructions for motor vehicle negligence be ignored?
When can jury instructions for motor vehicle negligence be ignored?
What are you trying to prove when using five mirror basic elements?
What are you trying to prove when using five mirror basic elements?
For negligent entrustment matters, what is a key distinction?
For negligent entrustment matters, what is a key distinction?
Can an item that can be dangerous to others be considered for negligent entrustment?
Can an item that can be dangerous to others be considered for negligent entrustment?
What can constructive premises liability lead to?
What can constructive premises liability lead to?
After an earthquake, from a premises liability approach, what duties does a landlord have?
After an earthquake, from a premises liability approach, what duties does a landlord have?
When is it not recommended to file international tort?
When is it not recommended to file international tort?
In the context of negligent hiring, does past driving history matter?
In the context of negligent hiring, does past driving history matter?
With respect to domestic animals, will they only incur action if they are vicious and a specific breed?
With respect to domestic animals, will they only incur action if they are vicious and a specific breed?
When a person's action is done in a dangerous state, whose perspective is it taken from?
When a person's action is done in a dangerous state, whose perspective is it taken from?
Which of these is most crucial when discussing the elements of a public entity liability case?
Which of these is most crucial when discussing the elements of a public entity liability case?
Flashcards
Cause of Action (COA)
Cause of Action (COA)
A set of facts or legal theory that gives an individual the right to seek a legal remedy against another individual or entity.
COA Origin
COA Origin
A COA gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.
COA Components in California
COA Components in California
In California, a COA is defined through the primary right theory. It comprises: a primary right, a corresponding duty, and a breach of that duty.
Elements of a COA
Elements of a COA
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Negligence in General
Negligence in General
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CACI Jury Instructions
CACI Jury Instructions
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CACI Correspondence
CACI Correspondence
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Duty of Care
Duty of Care
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Breach of Duty
Breach of Duty
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Causation of Harm
Causation of Harm
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Suffered Actual Damages
Suffered Actual Damages
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Multiple Causes of Action
Multiple Causes of Action
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Little Duty
Little Duty
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Negligence Definition
Negligence Definition
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Motor vehicle action
Motor vehicle action
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Negligent Entrustment
Negligent Entrustment
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Responsibility of Children
Responsibility of Children
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Property Liability
Property Liability
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Dog Bites
Dog Bites
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Wrongful Death Claim
Wrongful Death Claim
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A battery definition
A battery definition
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What is an assault?
What is an assault?
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Habitability of Leases
Habitability of Leases
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NIED
NIED
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Liability with Property
Liability with Property
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Legal Duty
Legal Duty
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Legal Game
Legal Game
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Varying Legal duties
Varying Legal duties
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Hazard-Property harm
Hazard-Property harm
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Premises Liability
Premises Liability
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Failure to assist on discriminatory grounds
Failure to assist on discriminatory grounds
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Failure to Yield
Failure to Yield
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Vehicle Surroundings Pre-Check
Vehicle Surroundings Pre-Check
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Driver's Physical Condition Check
Driver's Physical Condition Check
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Personal Injury Litigation
Personal Injury Litigation
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Negligence case
Negligence case
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Reasonable person
Reasonable person
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Negligent retention
Negligent retention
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Punitive Damages
Punitive Damages
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Limited Liability
Limited Liability
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Focus of Negligent Entrustment
Focus of Negligent Entrustment
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Reasonable Inspections
Reasonable Inspections
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Reasonable Inspection
Reasonable Inspection
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Rental Places Mold
Rental Places Mold
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Doctrine Respondeat Superior
Doctrine Respondeat Superior
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Unfit Employee Injuries
Unfit Employee Injuries
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Safe Working Environment
Safe Working Environment
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CBSO VS Battery
CBSO VS Battery
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Driver's duty
Driver's duty
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Scope of work
Scope of work
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Substantial / Enduring
Substantial / Enduring
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The Bystander
The Bystander
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The Touch
The Touch
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Financial Matters
Financial Matters
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Study Notes
Causes of Action in Personal Injury Law
- A cause of action (COA) involves facts or legal theory entitling someone to seek a legal remedy from another party.
- A COA gives the legal right to seek a remedy due to an act, omission, failure to perform a duty, or breach of an obligation by the defendant against the plaintiff.
- A COA represents a legal claim allowing a party to pursue judicial relief.
COA in California
- A COA in California is defined through the primary right theory, where a primary right is at stake.
- A COA in California is comprised of the following:
- The primary right of the plaintiff.
- A corresponding primary duty of the defendant.
- A wrongful act by the defendant constituting a breach of that duty.
- A COA is the act or omission by which a party violates another's rights.
Elements of a COA
- Each COA consists of specific elements
- Elements vary based on the specific COA.
- Specific factual components that a plaintiff must prove to be successful in their claim.
Negligence in General
- The elements of negligence are:
- Duty: The defendant owed a duty of care to the plaintiff.
- Breach: The defendant breached that duty.
- Causation: The breach of duty caused harm to the plaintiff.
- Damages: The plaintiff incurred actual damages as a result of the breach.
- Negligence in general is the most common COA in personal injury cases.
Multiple Causes of Action
- Each cause of action, if proven, would entitle the plaintiff to relief.
- Causes of action can vary from jurisdiction to jurisdiction.
- In a lawsuit, a plaintiff may assert multiple causes of action.
Relation Between COA and CACI Jury Instructions
- CACI instructions outline the specific elements that the plaintiff must prove in order to succeed on that COA.
- CACI instructions for a negligence claim (CACI No. 400) state that the plaintiff must prove:
- The defendant was negligent.
- The plaintiff was harmed.
- The defendant's negligence was a substantial factor in causing the plaintiff's harm.
- Each CACI jury instruction corresponds to a specific legal issue or COA.
- Consult legal treatises.
- Check the CACI Jury Instructions, which are over 3500 pages in length.
- An index may help in looking for specific instructions.
- A complaint should state all elements of each COA.
- The Judicial Council of California Civil Jury Instructions (CACI) provides jury instructions commonly used in civil trials.
- CACI is designed to provide jurors with a clear and understandable explanation of the legal principles they must apply when deciding a case.
Personal Injury Causes of Action: Common
- General Negligence
- Assault And Battery
- Motor Vehicle Negligence
- Premises Liability
- Intentional Tort
- Dog Bite
- Legal Malpractice
- Medical Malpractice
- Dental Malpractice
- Psychotherapist Malpractice
- Negligent Entrustment
- Common Carrier Negligence
- Good Samaritan Liability
- Providing Alcohol to Minors
- Ultrahazardous Activities
- Parents' Liability for Children's Torts
- Premises Liability
- Elder and Dependent Adult Abuse
- Loss of Consortium
- Breach of Fiduciary Duty
COA: Negligence in General
- Damage has to be proven as an aspect of negligence.
- The standard of care is exercised by someone with ordinary prudence.
- Duty of due care must be owed by the DEF to the injured person.
- Everyone is responsible for injury to another caused by lack of ordinary care or skill in managing one’s person or property, except in cases where the injured person willfully or carelessly caused their own injury.
- Elements:
- A legal duty to use due care.
- A breach of that duty.
- A reasonable connection between the breach and the resulting injury.
- Actual loss or damage to the plaintiff.
COA: Motor Vehicle Negligence
- The elements of motor vehicle negligence are:
- Foreseeability (Little Duty).
- Duty
- Breach
- Causation
- Damages
- A defendant is liable all persons who are foreseeably endangered by their actions
- Negligence occurs when the actor fails to execute a duty of care for the injured party.
- A cause of damages happens when the loss caused is a substantial factor in causing the injury.
- All damages must be given as an element in a negligence action.
- An action for negligence requires a showing that the defendant breached a legal duty owed to the plaintiff, and that the breach was a proximate or legal cause of the plaintiff's injuries.
- A motorist should exercise the degree of care and caution that an ordinarily careful and prudent person in the same circumstance would.
COA: Negligent Entrustment
- A person is liable for injuries proximately caused by placing or entrusting property to someone known to use it in a risky, unreasonable manner.
- Constructive knowledge of driver's unlicensed status is created when entrustor of vehicle fails to inquire as to driver's possession of valid driver's license before entrusting vehicle.
- The elements of negligent entrustment are:
- Duty.
- Breach.
- Causation and Damage.
- A person has a duty not to provide dangerous tools to individuals who is known to pose a danger to themself or others.
- The duty is breached when one helps provide tools for someone with the likelihood to cause harm.
- Causation that exists when an act is a substantial factor in causing plaintifs injuries.
COA: Parents' Liability for Children's Torts
- The plaintiff shows that the parent made it possible for the child to cause the injury e.g., by failing to exercise.
- It will be easier to prove if the child that is harming other is in physical custody.
- You have to be knowledgeable of the childs dangerous habit to prove liability
- Parent or Guardian responsibility can extend to adults with assumed care of the child
- Elements to show:
- Parent or Guardian
- Knowledge of Child's Dangerous Habits
- Physical Custody of Child
- Ability to Control Child
- Failure to Use Reasonable Care to Prevent Harm
- Foreseeable Harm.
- Parents are generally not responsible for their childs torts, a parent may be responsible if the child is able to cause injury due to parental negligence.
COA: Premises Liability
- The law considers the possessor, occupant, or controller of land to be in the best position to discover a danger or to control the activities
- An owner, occupier, or lessor of land/premises can be held accountable for hazardous conditions on the property.
- Elements:
- Duty
- Breach
- Causation
- Damages
- The owner/occupier/lessor's duty may be non-delegable as it applies to certain fixtures on the land.
- In certain situations, the owner/occupier/lessor can be held accountable third party criminal conduct occurring on the land.
COA: Loss of Consortium
- Elements:
- Duty
- Breach
- Causation
- Damages
- Compensation for Partial Loss.
- Includes relationships between:
- Relationship elements include legally responsible depending on the actions.
- A non-injured married spouse for negligence of a third party.
- Death of a parent from a third parties tortious conduct.
- Violation of failure to use reasonable care means breach of the standard.
- Causation is the major contributing factor that leads to harm.
- The plaintiff bears the burden to provide evidence that there is negligence.
- This involves a non-economic damage for the loss or impairment of consortium.
Causes of Action relating to Emotional Distress
- Infliction of Emotional Distress comes in multiple for including:
- Intentional Infliction of Emotional Distress
- Negligent Infliction of Emotional Distress: Direct Victim
- Negligent Infliction of Emotional Distress: Bystander
COA: Negligent Infliction of Emotional Distress: Direct Victim
- A plaintiff can get damages for emotional distress caused by a defendants conduct. -- Elements:
- Includes relationships between elements: -duty, -breach, -causation, -damage -duty Owed to Direct Victim. -Serious Emotional Distress. -Breach of a Duty Owed to a Direct Victim.
- There must be serious trauma for damages to cover medical expenses or therapy. - The elements needed to prove emotional distress include the duty owed to plaintiff that was assumed or imposed on the defendant as a matter of law from the existing 2 relationships.
COA: Negligent Infliction of Emotional Distress: Bystander
This happens when a person at the scene of a trauma. The tort does not include and tort in itself, but contains duty, breach, causation and damage elements for NIED
- Elements:* Source of Duty Duty of Care - Bystander liability is based on a duty to not cause serious emotional distress to people closely related to a victim when the relative contemporaneously perceives the negligent conduct and harm Presence at the Scene - must be present at the scene of the injury-producing event at the time it occurs Direct Sensory and Contemporaneous Observance Close Family Relationship - immediate family of the primary victim, this includes domestic partners Serious Emotional Distress - serious or severe, meaning substantial or enduring rather than trivial or transitory
Personal Injury Involving Physical Torts
Physical torts come in the term of: Civil Assault and Battery Sexual Battery Stalking False Imprisonment and False Arrest
COA: Civil Assault and Battery
- Battery is the point when touching becomes harmful to another person. -Assault is a violation that when someone causes personal harm. _ Elements --DEF acted with intent to cause harmful or offensive contact, or - threatened to touch the PL in a harmful or offensive manner; --PL reasonably believed he or she was about to be touched in a harmful or offensive manner OR it reasonably appeared to the PL
- that the DEF was about to carry out the threat; --PL did not consent to DEFs conduct; --PL was harmed; --DEFs conduct was a substantial factor in causing the PLs harm
- In civil cases the defendant must cause reasonable fear of eminent harm.
Breach of Implied Warranty of Habitability
In case there is a landlord then it has to be a sustainable conditions as a person resident
- Elements ~Valid rental agreement ~Notice to landlord -Substantial defect ~Defect caused by neither party The warranty is implied at the beginning of the lease. There has to be actual or constructive notice. Also there has to be a case by case of what is going on.
Personal Injury Related to Defamation Privacy
The following issues relate with the action of Defamation
+--Libel +--Slander -Trade Libel
- these relate back to invasion of privacy
-
- Intrusion [Invasion of Privacy] +Public Disclosure of Private Facts [Invasion of Privacy]
- Common Law Misappropriation of Likeness [Invasion of Privacy]
- Commercial Misappropriation of Likeness Under Civil Code §3344 [Invasion of Privacy]
- False Light [Invasion of Privacy]
Personal Injury Relating to Employment
- -The following areas relate back with job duties such as +Race Discrimination [Disparate Treatment]
- National Origin Discrimination [Disparate Treatment] +Religious Discrimination
- Age Discrimination [Disparate Treatment] +Disability and Medical Condition Discrimination [statutory : Disparate Treatment]
- Sex Discrimination [statutory] +Sexual Harassment and Harassment Based on Other Protected Characteristics
- Sexual Orientation Discrimination +Retaliation
- Wrongful Discharge in Violation of Public Policy +Breach of Employment Contract [Wrongful Discharge Under Contract With Specified Term]
COA: Negligent Hiring & Retention
+In negligent acitons people are not doing there best they and end up causing ar tothose arround elements The party has to be unfit This comes from Hiring those that are untrained Causation and damage means there will be bad reults for failing to do background on those
- This can go though an aplication and find background infomation
###Dog Bite
+Any dog owner is responsible to damages if in public or while lawfully been any dog own property with he nature of them been bad
- Dog Owner
- Dog Bite Public or Privet propte Causation and damage
COA Conditions of PropertyCausing harm that is dangerous
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