Negligence Bar Exam Flashcards - Medical Study Cards
Master Negligence with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Negligence Flashcard Deck - 10 Cards
Flashcard 1: What is negligence per se, and what must the plaintiff show?
Answer: Under the majority rule, violation of a safety statute establishes duty and breach if the plaintiff is in the protected class, suffered the type of harm the statute sought to prevent, and the violation caused the injury.
Flashcard 2: How do comparative negligence and assumption of risk affect recovery?
Answer: Under the majority comparative-negligence rule, the plaintiff’s recovery is reduced by the plaintiff’s percentage of fault, subject to modified-rule jurisdictional thresholds; express or implied assumption of a known, appreciated, and voluntarily encountered risk may bar or reduce recovery.
Flashcard 3: What rules commonly govern premises liability, emotional distress, and purely economic loss?
Answer: Under the modern majority premises rule, land possessors owe lawful entrants reasonable care under the circumstances, while emotional-distress recovery generally requires a recognized negligent-infliction-of-emotional-distress pathway and purely economic loss is generally unavailable without personal injury, property damage, or a recognized exception.
Flashcard 4: What are the elements of res ipsa loquitur?
Answer: The plaintiff must show that the event ordinarily does not occur absent negligence, was caused by an instrumentality in the defendant’s exclusive control, and was not due to the plaintiff’s conduct; the majority rule permits, but does not require, an inference of negligence.
Flashcard 5: How does the reasonable-person standard account for physical disabilities and emergencies?
Answer: A person with a physical disability is compared to a reasonably careful person with the same disability, while an emergency is considered as part of the circumstances if the defendant did not create it.
Flashcard 6: What is the effect of customary practice on breach?
Answer: Customary practice is relevant evidence of reasonable care but is not conclusive; a defendant may still be negligent despite complying with custom, and may be reasonable despite departing from it.
Flashcard 7: When does a person have an affirmative duty to act?
Answer: Generally, there is no duty to rescue or protect another from third-party conduct absent a special relationship, undertaking, creation of the risk, or a duty imposed by law.
Flashcard 8: How are actual cause and proximate cause established?
Answer: Actual cause generally requires but-for causation, or substantial-factor causation when independent causes combine; proximate cause requires that the harm be a foreseeable result of the defendant’s conduct, subject to intervening-cause rules.
Flashcard 9: What is the general duty of care in negligence?
Answer: A person generally owes a duty to act as a reasonably prudent person would under the same or similar circumstances to avoid foreseeable risks of harm to others.
Flashcard 10: What are the elements of a negligence claim?
Answer: The plaintiff must prove that the defendant owed a duty, breached that duty, actually and proximately caused the plaintiff’s harm, and caused legally cognizable damages.
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