Prima facie case

 What is a prima facie case?

2. What is negligence?

3. List the 4 elements of negligence.

4. What is duty?

5. What is every persons general duty?

6. What is the reasonable person standard? 

7. Is the reasonable person an objective or subjective standard?

8. Does the law recognize that a reasonable person can make an error in judgment in an 

emergency situation?

9. Are children held to the same level of care as a reasonable adult? If not, what is the 

standard of care for a child?

10. What are the two methods to determine whether the defendant has a duty to plaintiff? 

Explain each.

11. What did Judge Cardozo hold in Palsgraf v. Long Island Railroad?

12. What did Judge Andrews state in his dissent in Palsgraf v. Long Island Railroad?

13. Does the general duty of care (which is the degree of care that reasonable person would 

exercise under similar circumstances) apply to possessors of land?  How is the duty of care 

owed by a land possessor determined?

14. What duty of care is owed a trespasser? 

a. What are the four exceptions to this general rule?

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15. What is the attractive nuisance doctrine?

a. What conditions must be met to have an attractive nuisance? 

b. What characteristics of a child are taken into consideration when deciding whether 

the attractive nuisance doctrine applies?

16. What duty is owed a known trespasser?

17. What is the rescue doctrine?  List its 4 elements.

18. What duty is owed to someone who trespasses on a limited area of a possessors land?

19. Who is considered a licensee?

20. What duty of care is owed a licensee?

21. Who is considered an invitee?

22. What duty of care is owed an invitee?

23. How can one lose one’s invitee status?

24. What duty of care does a possessor owe to those outside her property?

25. What duty of care does a possessor owe when there is an artificial condition? a natural 

condition?

26. What are the duties of a tenant?

27. What are the duties of a landlord?

28. To what extent is a seller of land liable to a plaintiff injured by a defect the seller does not 

disclose to the buyer?

29. What if the seller intentionally conceals a defect?

30. Is there a common law duty to rescue someone in distress?

31. Under what conditions does a duty to rescue someone exist? Give an example.

32. What duty of care does a person have once he has begun to render emergency aid?

33. What is the voluntary undertaking doctrine?

34. How does the duty of a public entity compared to that at a private individual?

35. Can a fetus recover for injuries sustained in utero as a result of a defendant’s actions?

36. Briefly explain vicarious liability.

37. What is the doctrine of respondeat superior?

38. What is the family purpose doctrine?

39. What is the Good Samaritan doctrine?

40. Briefly explain Florida’s dangerous instrumentality doctrine.