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BUL 5810 Midterm exam 1 with Questions and 100% Correct Answers
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BUL 5810 Midterm exam 1 with Questions and 100% Correct Answers
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BUL 5810 Midterm exam 1 withQuestions and 100% Correct Answers
Five Elements of Negligence - Answer Duty of Care: standard of conduct
Breach of Duty: defendant failed to exercise reasonable care
Factual Cause: the harm the plaintiff sustained was a direct cause of the
defendant's breach of duty
Harm: the harm must be substantial and reasonable.
Scope of Liability: the harm sustained must be in consistency with the legal system.
Example: You can't sue a banana vendor if you slip on a banana peel a mile away from
his store.
Strict Liability - Answer The legal responsibility for damage or injury even if you are not
negligent. Imposed for any activity that (1) creates a foreseeable risk of harm and (2) is
not one of common usage
Reasonable Standard of Care - Answer The degree of care that a reasonable person
would exercise under all the circumstances
Independent Contractor - Answer An independent contractor is one hired to accomplish
a task or result but who is not subject to right of control by employer; IC tend to have
, specialized skills or knowledge; IC tend to work for many employers;
employment/labor laws do not necessarily apply to ICs
Supreme Law of the Land - Answer The Constitution
Sources of Federal Law - Answer US/state constitutions, federal/state statutes,
common law, case law, and administrative law
Expansion of Administrative Rules and Regulations - Answer Legislative Rules:
substantive rules issued by an administrative agency under the authority delegated to
it by the legislature
Interpretative Rules: statements issued by an administrative agency indicating how it
construes a certain statute
Procedural Rules: issued by the agency to establish its method of operation and rules
of conduct
Moral Responsibility of Corporations - Answer Because a corporation is a statutorily-
created entity, it is not clear whether it should be held morally responsible as an
individual would
Ultilitarianism - Answer The idea that the goal of society should be "the
greatest happiness for the greatest number" of its citizens. More specifically:
Act util.: Assess each separate act according to whether it maximizes pleasure over pain.
Rule util.: Support rules that, on balance, produce greatest pleasure for society.
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