Intro to Paralegal Studies Practice

What is negligence defined as in legal terms?

1. The failure to act reasonably under the circumstances

2. A voluntary acceptance of risk

3. Liability without a showing of fault

4. The law that sets the length of time for filing a lawsuit

The correct answer is: The failure to act reasonably under the circumstances

Negligence in legal terms is defined as the failure to act reasonably under the circumstances. This definition captures the essence of negligence, which revolves around the concept of a duty of care that one individual owes to another. When a person does not act as a reasonably prudent person would in similar circumstances, thereby causing harm to another party, this may constitute negligence. Understanding this concept is crucial for paralegals and legal professionals, as negligence forms the basis for many personal injury claims. It requires analyzing the actions (or inactions) of a defendant compared to what is expected in a given situation, and subsequently establishing that this deviation from reasonable behavior led to an injury or damage. The other options do not accurately represent the definition of negligence. For example, the idea of voluntary acceptance of risk pertains to the defense of assumption of risk rather than the concept of negligence itself. Liability without a showing of fault describes strict liability, not negligence. Lastly, the law governing the time limit for filing a lawsuit refers to statutes of limitations, which is an entirely separate legal principle not related to the definition of negligence.