click below
click below
Normal Size Small Size show me how
TORTS CH 6
| Question | Answer |
|---|---|
| THE DEFENDANT'S ACTIONS ARE THE NEAREST CAUSE OF THE PLAINTIFF'S INJURIES | PROXIMATE CAUSE |
| THE PARTICULAR CAUSE THAT PRODUCES AN EVENT AND WITHOUT WHICH THE EVENT WOULD NOT HAVE OCCURRED | CAUSE IN FACT |
| IF THE COMPLAINED-OF ACT HAD NOT OCCURRED, NO INJURY WOULD HAVE RESULTED | BUT-FOR TEST |
| STANDARD FOR ASSESSING THE WEIGHT OF THE EVIDENCE | BURDEN OF PROOF |
| A MATERIAL AND ACTIVE CONTRIBUTING ACTIVITY OR EVENT THAT LED TO THE PLAINTIFF'S INJURIES OR DAMAGES | SUBSTANTIAL FACTOR |
| TO MAKE LESS SEVERE OR INTENSE | MITIGATE |
| A PERSON WHO IS PARTICULARLY VULNERABLE OR SUSCEPTIBLE TO DAMAGE OR INJURY AS A RESULT OF A PRE-EXISTING CONDITION OR WEAKNESS THAT AFFLICTS A PARTICULAR PERSON | EGGSHELL SKULL |
| AN INDEPENDENT CAUSE THAT INTERVENES BETWEEN THE ORIGINAL WRONGFUL ACT OR OMISSION AND THE INJURY, TURNS ASIDE THE NATURAL SEQUENCE OF EVENTS, AND PRODUCES A RESULT THAT WOULD NOT OTHERWISE HAVE FOLLOWED AND THAT COULD NOT HAVE REASONABLY BEEN ANTICIPATED | INTERVENING CAUSE |
| TO SET ASIDE, RENDER UNNECESSARY, SUSPEND OR STAY | SUPERSEDE |
| AN ACT OCCASIONED EXCLUSIVELY BY FORCES OF NATURE WITHOUT THE INTERFERENCE OF ANY HUMAN AGENCY | ACT OF GOD |
| AN ACT THAT ACTIVELY OPERATES IN PRODUCING HARM TO ANOTHER AFTER AN ACTOR'S NEGLIGENT ACT OR OMISSION | INTERVENING FORCE |