Author Question: By making out a prima facie case, plaintiff has A) shown that defendant is liable beyond a ... (Read 39 times)

rachel9 · **on:** Aug 2, 2018

By making out a prima facie case, plaintiff has

A) shown that defendant is liable beyond a reasonable doubt
B) proven the presumption of liability
C) relied on the doctrine of res ipsa loquitur
D) established defendant's liability by a preponderance of the evidence

Question 2

The State of New Vermont has enacted a cap on the amount of damages a plaintiff can recover for
a death arising due to negligence. The head of a family dies in a car accident that occurred only
because of the negligence of the defendant. The children of the family sue for damages due to the loss
of affection and support from the deceased head of the family. The best strategy for the children to use
to avoid the limitation of the cap is to

A) claim that the cap applies for each child's claim and not for all the children
B) ask the court for indemnification
C) seek joint and several liability
D) use the doctrine of res ipsa loquitur