Deck 2: Foreseeability in Tort Law
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Deck 2: Foreseeability in Tort Law
1
An objective standard exists when something is measured by what a particular person actually knew, felt, or did.
False
2
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
measured solely by an individual
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
measured solely by an individual
E
3
When you ask whether someone should have known something, you are applying a/an ________ standard.
objective
4
What do we mean when we say something is foreseeable?
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5
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
the extent to which something can be anticipated
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
the extent to which something can be anticipated
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6
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
measured by comparison
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
measured by comparison
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7
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
one of the alternative ways to establish intent
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
one of the alternative ways to establish intent
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8
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
the desire to bring something about
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
the desire to bring something about
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9
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
know beforehand
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
know beforehand
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10
The reasonable person test is an objective standard.
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11
What are the two tests for intent?
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12
MATCHING
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
ordinary, prudent
a.foreseeable
b.spectrum of forseeability
c.intent
d.knowledge with substantial certainty
e.subjective standard
f.objective standard
g.reasonable person
ordinary, prudent
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13
Which factors are not used in an assessment of the foreseeability of an event?
A)preparation analysis
C)legal research
B)specific sensory data
D)area and activity analysis
A)preparation analysis
C)legal research
B)specific sensory data
D)area and activity analysis
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14
The spectrum of foreseeability
A)covers a range from highly unusual to a certainty
B)is determined by the jury
C)is determined by the judge
D)depends on an assessment made after the fact
A)covers a range from highly unusual to a certainty
B)is determined by the jury
C)is determined by the judge
D)depends on an assessment made after the fact
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15
Name eight categories of inquiry that can be used to assess the foreseeability of something.
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16
You determine whether something was foreseeable from hindsight-by examining all of the facts after they have occurred.
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17
When you ask whether someone actually knew something, you are applying a/an ________ standard.
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