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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 |