In Order to Claim Damages for Negligence Per Se, the Plaintiff

question 81

Multiple Choice

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

• A) the defendant was in exclusive control of the situation
• B) the plaintiff was within a class of persons meant to be protected by the violated statute
• C) the defendant made a false representation of material fact
• D) the plaintiff was affected by malicious statements made by the defendant about his or her character

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Definitions:

Due Process Clause

A constitutional guarantee in the Fifth and Fourteenth Amendments of the United States Constitution that laws and legal proceedings must not be arbitrary and must be conducted fairly.

Fourteenth Amendment

The Fourteenth Amendment to the United States Constitution grants citizenship to all persons born or naturalized in the U.S., and guarantees all citizens "equal protection of the laws," significantly impacting civil rights.

Antifederalists

Individuals or groups opposed to the creation of a stronger U.S. federal government and the ratification of the Constitution in 1787, advocating for more power to states.

Bill of Rights

A collective term for the first ten amendments to the United States Constitution, guaranteeing such rights as freedom of speech, assembly, and worship.