BL 260 Exam #1
what are included in compensatory damages? - ✔✔-medical expenses, damaged or destroyed
property, lost wages, pain & suffering
punitive damages - ✔✔-rewarded in cases where malice is proven, present day:
...
BL 260 Exam #1
what are included in compensatory damages? - ✔✔-medical expenses, damaged or destroyed
property, lost wages, pain & suffering
punitive damages - ✔✔-rewarded in cases where malice is proven, present day: they have to be
proportional to compensatory damages, common law damages were set higher based on the need to
deter wealthy defendants, deters wrongdoer and vindicates victim
required to be proven to hold a defendant liable for negligent conduct - ✔✔-duty, breach of duty,
physical injury or financial loss, proximate cause
animals with known dangerous propensities - ✔✔-monkeys, trained attack dog, alligators, dog
declared illegal by the city
Martha owns a demolition company, which destroys old buildings in order to build new ones. If a
passerby is injured by an explosion during a demolition by Martha's crew, under the theory of strict
liability Martha must pay for the injury... - ✔✔-whether or not the crew was at fault
A majority of states have adopted comparative negligence similar to California, in these states the
comparative negligence rule means generally that... - ✔✔-the Plaintiff's recovery of damages are
reduced by the degree of their own fault, all defendants have to pay to the extent they are able but
only to the degree of their fault, if a state has joint & several liability the defendants might pay more
than their share
Mark intentionally pushes Don. Don falls to the ground and breaks his arm. Mark is liable for the
battery.. - ✔✔-if Mark intended to push Don
Under the Ohio comparative fault act some defendants who may be up to 49% at fault will not have to
pay anything in cases where plaintiff is... - ✔✔-at least 50% at fault
federal criminal prosecutions may NOT be brought by.. - ✔✔-federal lawyers working as agents of
the Supreme Court, federal lawyers of the SEC, Indiana lawyers of Indiana Workers Compensation
Board
In California, they ha
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