Answer the following questions in 50 to 100 words each. What are the elements of

Question

Answer the following questions in 50 to 100 words each.

What are the elements of negligence? When and how can a plaintiff claim damages if the defendant has breached a duty of care?

If a plaintiff is partially liable for his or her own injuries, what impact would the doctrines of contributory negligence and comparative negligence have on his or her case?

Explain the doctrine of strict liability with examples.

What are the two elements required to be convicted of an intent crime?

What is the exclusionary rule, and how does it discourage unreasonable search and seizure?

Explanation / Answer

There are 5 major elements of negligence- Duty of care by dependent to plaintiff, breach of duty, actual causal relationship between defendant conduct and resulted harm, proximate cause and damages resulting from conduct of defendant. Plaintiff can claim damages from breach of duty of care only after proving that the defendant had a duty to plaintiff and defendant negligent has resulted in harm to the plaintiff. If the plaintiff is partially liable for his/her own loss or injuries, the defendant may assert a contributory negligence case against plaintiff as per contributory negligence stating that the loss is partially because of his action and partially because of the plaintiff. If the defendant is able to prove it, plaintiff is barred from obtaining any damages more than his role. In strict liability, liability is imposed on a party without finding a fault. The claimant is only has to prove that tort has occurred and defendant is responsible. Common example of strict liability are defendant placing other person in danger or simply because the other is holding dangerous weapons, etc. The two major elements required to be convicted in an intent crime is that the criminal act must be voluntary and the mental health of the defendant mind must be good at the time of offense. Exclusionary rule prevents collection and analysis of evidence in violation of the defendants’ constitutional rights. It discourages unreasonable seizures by providing remedies to the defendant whose rights have been infringed.

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