What is the "lost chance of recovery" theory and why was it developed?
What will be an ideal response?
Proof of actual cause can be particularly problematic in medical malpractice cases in which a doctor's failure to diagnose may have contributed to a patient's death. The court's rejection of both the but-for and substantial-factor tests is because of the impossibility of the plaintiff being able to prove causation under either of these tests. The court develops an alternate theory of recovery-the "lost chance of recovery" theory. This theory allows medical malpractice plaintiffs to recover if they can prove a loss of the chance to recover, even if they cannot prove that the doctor's negligence resulted in a loss of life.
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Name a gender-based custody standard and a gender-neutral custody standard.
Fill in the blank(s) with the appropriate word(s).
Answer the following statements true (T) or false (F)
1. Jurors are selected from the state or district where the crime occurred. 2. Members of all groups or classes may serve on juries. 3. At Common Law, the sheriff was authorized to conscript jurors from those passing by. 4. An attorney uses a challenge for cause to exclude a juror for any reason or no reason at all. 5. In capital cases, attorneys can exclude jurors who are opposed to the death penalty.
Which of the following is NOT part of an effective policy for avoiding sexual harassment liability?
A. create a complaint procedure with only one way to file a complaint so that all complaints go through the same channel B. train all managers and supervisors, including top managers, regularly to model appropriate behavior and to recognize and respond to complaints C. a clear statement of sanctions for violators and protection for those who make charges D. investigate every claim of harassment promptly and confidentially, no matter how trivial
Define "class action."
What will be an ideal response?