Identify and explain the two parts to causation as an essential element of the tort of negligence
What will be an ideal response?
The two parts are cause in fact (actual cause) and proximate cause (legal cause). Cause in fact means the defendant must be the "but for" cause or a "substantial factor" in bringing about the harm suffered by the plaintiff. Proximate cause is a cut-off test used to determine whether a defendant should be held legally responsible for injures he in fact caused, and is based on the concept of foreseeability (the test is whether the injury suffered by the plaintiff was the foreseeable consequence of the original risk of harm created by the defendant's conduct).
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The effective date of a title insurance policy is the date:
A. on which the policy was prepared B. on which the policy is delivered to the owner or lender C. through which the title of the property has been examined
Which of the following best explains the three categories of homicides under English Common Law?
A) Criminal, justifiable, and excusable B) Knowing, reckless, and negligent C) Murder, voluntary manslaughter, and involuntary manslaughter D) First, second, and third degree murder E) Felony murder, misdemeanors, and summary offenses.
Once the loan application is complete and the particular mortgage type is selected, the lender will begin the loan qualification process
A. True B. False
Mrs. Jones comes to attorney Nelson's office and asks him to represent her in a divorce. Before leaving the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, that attorney Nelson is to "go ahead
and tell him that she is." This is an example of: a. Client confidentiality b. Client consenting to disclosure of confidential information c. An impliedly authorized disclosure of confidential client information d. Client confidentiality and an impliedly authorized disclosure of confidential client information