Torts Quiz

[jeffjoe]

Without looking at your notes...

What new law did Hodges v. S.C. Toof & Company create?

[Dicta]

uhhhhh
limit on punitives? remember the case, not the law?

[jeffjoe]

the process to determine punitive damages.

Bifurcate compensatory and punitive damage decisions.

Can financial worth of defendant be considered in either part?

[Dicta]

duh, read that last night. Bifurcation, duh...
Worth of Def cannot be disclosed in first phase?

[jeffjoe]

What are the five elements of negligence?

[Dicta]

Easy, DBAPH
Duty
Breach of Duty
Actual Cause
Proximate Cause
Harm, injury etc.
I'm getting really good at my mnemonics.
Was I right on the bifurcation/net worth thing?

[jeffjoe]

Easy, DBAPH
Duty
Breach of Duty
Actual Cause
Proximate Cause
Harm, injury etc.
I'm getting really good at my mnemonics.
Was I right on the bifurcation/net worth thing?

Yep.  I don't like mnemonics.


How do you establish standard of care for duty?

[Dicta]

Uh, I'm going to take a stab and say REASONABLE person standard?
I don't exactly know what you mean?
Like host/guest type duty or duty to warn? or diaper duty?

[jeffjoe]

Uh, I'm going to take a stab and say REASONABLE person standard?
I don't exactly know what you mean?
Like host/guest type duty or duty to warn? or diaper duty?

reasonable person standard.  yup.

And what is the standard for medical malpractice?

[law543]

Uh, I'm going to take a stab and say REASONABLE person standard?
I don't exactly know what you mean?
Like host/guest type duty or duty to warn? or diaper duty?

reasonable person standard.  yup.

And what is the standard for medical malpractice?

The reasonable person of the profession. Might need to discuss expert witnesses and all that that entails.

Do you and the above poster both attend NSL?

Law543