Negating defense

What is a negating defense?

Once a defendant denies an element of the tort, the plaintiff bears the burden of proof. What is the standard of proof in a negligence case?

 

 

What is a counterclaim?

 

 

What is an affirmative defense?

 

 

When do most affirmative defenses have to be pled in Florida?

 

 

List 3 common affirmative defenses based on the law?

 

 

List 3 common affirmative defenses based on the facts of the case?

 

 

List the 5 common affirmative defenses that the book, as well as my information, focus on.

 

 

What is the affirmative defense of contributory negligence?

 

 

Why is the effect of contributory negligence considered so harsh?

 

 

Does Florida have contributory negligence?

 

 

Explain the exception to the contributory negligence rule:  the last clear chance doctrine.

 

 

What is the affirmative defense of comparative negligence?

 

 

Does Florida have comparative negligence?

 

 

What is pure comparative negligence?

 

 

What is modified comparative negligence?

 

 

Is Florida a pure or modified comparative negligence state?

 

 

What is the affirmative defense of assumption of risk?

 

 

What are the three elements of assumption of risk?

 

 

Explain the two ways an individual can assume a risk.

 

 

What is the affirmative defense of immunity?

 

 

List the various types of immunity.

 

 

What is governmental immunity? 

 

 

24.What are the five kinds of governmental immunity?

 

 

 

25.What is the Federal tort claims act?

 

 

 

26.Explain Florida statute § 768.28 waiver of sovereign immunity in tort actions?

 

 

 

27.Explain the difference between a governmental function and a proprietary function with respect to local government immunity?

 

 

 

28.Are public officials immune for acts done within the scope of their official duties? Why?

 

 

 

29.When will police officers be immune from lawsuits?

 

 

 

30.What is interspousal immunity? Do we have it in Florida?

 

 

 

31.What is parent child immunity? Do we have it in Florida?

 

 

 

32.What is charitable immunity? 

 

 

 

33.How are statutes of limitations used as affirmative defenses? 

 

 

 

34.When do most statute of limitations run? 

 

 

 

35.What is the discovery doctrine? 

 

 

 

36.Does Florida have a discovery doctrine? 

 

 

 

37.What does it mean if the statute of limitations is tolled? 

 

 

 

38.What is a statute of repose?