What three things would a plaintiff who wanted to use the doctrine of res ipsa loquitur have to prove?
What will be an ideal response?
a. Event that resulted in the plaintiff's injuries does not usually happen except as a result of negligence.b. Instrument that caused the plaintiff's injury was under the defendant's exclusive control.c. The plaintiff did not cause his or her injuries.d. Defendant is in a better position to explain the events causing the plaintiff's injuries than is the plaintiff.* *Not all courts require proof of this element.
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Fact finding by judge or jury will be upheld by an appellate court unless it finds that the fact finding was?
A. ?based on circumstantial evidence. B. ?based solely on inference. C. ?clearly erroneous. D. ?contrary to the evidence.
Margot has a sterilization procedure performed by her doctor after giving birth to her fourth, and final, child. Two years later, Margot learns she is pregnant. Margot wants to sue the doctor for negligently performing the sterilization procedure. What legal theory should Margot use?
a. wrongful birth b. wrongful life c. wrongful pregnancy d. wrongful adoption
In tenancy in common, the interests of a surviving tenancy in common pass on to the co-tenants
Indicate whether the statement is true or false
The _____________ _____________ give the personal representative the legal authority to gather financial information from banks and other sources, as well as to act on behalf of the estate
Fill in the blank(s) with correct word