Welcome back to the Law School Toolbox podcast! This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re talking about the “reasonable person” standard in Negligence.
In this episode we discuss:
- The purpose of the reasonable person standard
- A quick review of the law and policy on this topic
- The “Learned Hand Formula”
- Analyzing a Torts question from the February 2011 California bar exam
- Applying the right standard of care
- Determining whether a person meets the standard of care
- How you can make arguments both ways to get maximum points
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Resources:
- Tutoring for Law School Success
- California Bar Examination – Essay Questions and Selected Answers, February 2011
- The Law of Torts: Examples and Explanations, by Joseph W. Glannon
- Podcast Episode 215: Listen and Learn – The Commerce Clause
- Podcast Episode 218: Listen and Learn – Supplemental Jurisdiction (Civ Pro)
- Podcast Episode 244: Listen and Learn – Negligence Per Se
- Podcast Episode 245: Listen and Learn – Promissory Estoppel
- Podcast Episode 248: Listen and Learn – Introduction to Homicide
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