Explain the collateral source rule.
What will be an ideal response?
A plaintiff is often reimbursed for his or her out-of-pocket expenses, including lost wages and payments for medical care, by the plaintiff's insurance company. Nevertheless, under the collateral-source rule the plaintiff is entitled to recover these damages again from the defendant. Therefore under the rule, a plaintiff can recover for lost wages even if he or she has been reimbursed through sick pay provided by his or her employer or by disability benefits through workers' compensation. Social Security disability benefits, welfare payments, vacation pay, sick pay, and Medicare payments also do not count against a plaintiff's recovery under this rule. Even if a plaintiff receives free services from friends or family members, the plaintiff may recover the reasonable value of those services. The rule precludes the admission of evidence to the jury regarding payment of benefits to the injured party from a source other than the tortfeasor. In many cases the benefits are one for which the plaintiff has directly or indirectly paid.
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Which of the following is not an element of comparative negligence?
A. The plaintiff’s negligence contributed to his or her own injuries. B. The percentage of the plaintiff’s negligence that contributed to his or her injuries is calculated. C. The plaintiff may be prevented from recovering anything. D. The percentage of the defendant’s negligence that produced the plaintiff’s injuries is calculated.
What is the relationship of the police, courts, and department of corrections in your jurisdiction? In what branches of government are these departments located? Who regulates the office of the prosecutor and public defender?
What will be an ideal response?
What standard do courts use when deciding whether or not to approve an adoption?
A) parental fitness of the biological parents B) the tender years doctrine C) the best interest of the child D) agency approval of the adoption
Before preparing an authorization for distribution, the paralegal should check the:
A. Notice of appeal B. Fee agreement C. Uniform Enforcement of Foreign Judgments Act D. Local court rules E. None of the above