NALA Certified Paralegal Practice Exam

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A jury returns the following verdict: the plaintiff receives $100,000 in damages reduced to $80,000 due to the plaintiff's conduct. The reduction in the jury's verdict is due to:

Contributory negligence
Last clear chance
Comparative negligence
Assumption of risk

The correct answer is: Comparative negligence

The correct answer is C Comparative negligence. This is because comparative negligence is a legal term used to describe situations where both parties in a court case are found to have some level of fault. In this scenario, the plaintiff's conduct is considered to have played a role in the damages, resulting in the reduction of the verdict. Option A, contributory negligence, would mean that the plaintiff's conduct was solely responsible for the damages, and as a result, they would not receive any compensation. Option B, last clear chance, would imply that the defendant had the opportunity to prevent the damages from occurring, but failed to do so. And option D, assumption of risk, would suggest that the plaintiff knowingly and willingly engaged in a risky behavior that resulted in the damages. However, none of these options factor in the shared responsibility between both parties like comparative negligence does.