University Of Central Florida (UCF) BUL3130 Legal And Ethical Environment Of Business Practice Exam 2

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What is meant by the term 'Prima Facie' in the context of Negligent Tort?
Correct Answer:
A legal requirement to establish negligence
Explanation:
The term 'Prima Facie' in the context of a negligent tort refers to the legal requirement to establish negligence in a case. This term is Latin for "at first sight" or "on its face," and it signifies that a plaintiff has enough evidence at the initial stage to support their claim that the defendant acted in a negligent manner. Essentially, prima facie evidence includes enough facts to prove the elements of negligence, which typically involve demonstrating that the defendant owed a duty of care to the plaintiff, breached that duty, and caused harm as a direct result of that breach. If the plaintiff successfully presents prima facie evidence, the burden shifts to the defendant to refute or negate the plaintiff's claims, leading to further legal examination and potential resolution in the case. The other options do not accurately represent the meaning of 'Prima Facie' in this context. Instead, they refer to different concepts that do not directly connect to establishing negligence in tort law. For example, a defense against intentional torts does not pertain to negligence and focuses on intentional rather than unintentional actions. Similarly, a type of strict liability is distinct from negligence as it involves liability without fault, and a principle of criminal liability addresses criminal acts rather than the civil nature

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