Material: Torts Materials Quiz

T/F: torts are civil legal wrongs

true

a prime contractor does owe duty of care for the safety of sub’s employees when the prime contractor ______ of the subcontractor’s/independent contractor’s work.

retains control

the “restatement of torts” is

a consensus of the American legal community stating what the law is generally, and in some cases, what it should become

in Texas, ________ is an exception to the trespasser rule, and can give rise to a higher standard of care by the premises owner if the trespassers are children

the attractive nuisance doctrine

T/F: whether an attractive nuisance exists is a question of fact, which means it is determined at trial by the tier or fact—either a judge in a bench trial, or a jury in a jury trial

false

what are the purposes of tort law?

to compensate victims of wrongdoing, to punish wrongful conduct

tort laws are exactly the same in all 50 states of the U.S.

false

the standard of proof in a tort case is

preponderance of the evidence

in the Entergy case, the Isoms _______ that Entergy is liable for Shane’s death

allege

the issue in the Entergy case is related to which element of the Attractive Nuisance doctrine?

the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it

in the Entergy case, which of the following is evidence that the court relies on in reaching its conclusion: (choose all that apply)

Shane Isom was not yet 14 years old

Shane understood the risks of driving an ATV generally, and was mature and experience enough to drive the ATV

T/F: in the Entergy case, Entergy Gulf States alleges, and Court concludes, that the attractive nuisance doctrine does not apply to Shane Isom because Shane was old enough and mature enough to understand the dangers he undertook when trespassing.

true

in the Entergy case, which party is the plaintiff?

Ken & Suzanne Isom

in the Entergy case, Entergy Gulf States is:

a premises owner

civil harms caused more or less deliberately

intentional torts

civil harms not caused deliberately, but for which the defendant is at fault

negligence

liability without wrongdoing

strict liability

what type of damages are meant to punish a wrongdoer (aka tortfeasor) who has acted recklessly or intentionally?

punitive damages

what Court wrote/issued the opinion you read for class in the Lee Lewis case?

texas supreme court

plaintiff(s)

Harrison Family

employee of KK Glass, deceased

Jimmy Harrison

subcontractor, employer of Harrison, defendant in lawsuit

KK Glass

prime contractor, defendant in lawsuit

Lee Lewis Construction Inc.

project owner, not a party to lawsuit

Lubbock Methodist Hospital

which party filed the appeal in the Lee Lewis case? 

Lee Lewis Construction Inc.

Which party won the lawsuit at the trial court level? 

Harrison survivors

T/F: the Court defines list of 4 elements the plaintiff must prove to establish a negligence action.  These elements apply to the plaintiff in this case, but also to all plaintiffs claiming negligence in the state of Texas as a matter of common law precedence.

true

T/F: ordinarily, a prime contractor does not owe a duty of care for the safety of a subcontractor’s employees.

true