The Elements of the __________ Two-Pronged Test Are Important Considerations

question 59

Short Answer

The elements of the __________ two-pronged test are important considerations in determining the existence of probable cause based on informant testimony.

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Definitions:

Duty Of Care

The legal obligation to avoid causing harm and to act with a certain standard of care toward others.

Superseding Causes

Events that occur after a defendant's negligent act, breaking the causal connection between that act and the harm suffered, and relieving the defendant of liability.

Res Ipsa Loquitur

A legal doctrine that allows proof of negligence to be inferred from the mere fact that an accident occurred, if the accident is the kind that typically would not happen without negligence.

Proximate Cause

The extent to which, as a matter of policy, a defendant may be held liable for the consequences of his or her actions. In the majority of states, proximate cause requires that the plaintiff and the type of injury suffered by the plaintiff were foreseeable at the time of the accident. In the minority of states, proximate cause exists if the defendant’s actions led to the plaintiff’s harm.