1. What is the difference between contributory negligence, comparative negligence, and assumption of risk?

2. What is the rationale for contributory negligence?

3. what have some courts done to mitigate the harshness of the contributory negligence doctrine?

4. What is the last-clear-chance doctrine?

a. What variations to this doctrine exist?

b. what is the first clear chance doctrine?

c. When is the last-clear-chance doctrine not applicable?

5. When is contributory negligence not defense?

6. What Is the justification for the development of the comparative negligence standard?

7. What is the difference between pure comparative negligence and the 50 percent approach?

a. what is the difference between the "not greater than" and "not as great as "approach?

b. Why is this difference significant?

8. What administrative problems arise in the context of comparative negligence?

9. How have states that have adopted comparative negligence treated last-clear-chance doctrine?

10. Are contributory negligence and comparative negligence a defense to

a. intentional torts?

b. reckless or willful and wanton conduct?

c. negligence per se?

11. How does assumption of risk compare to contributory negligence to contributory negligence?

12. How have courts that have adopted comparative negligence treated assumption of risk?

13. Under what conditions are courts unlikely to enforce a release in which the plaintiff expressly assumes the risk?

14. What is required for a release to be enforceable?

15. What must be shown before a plaintiff will be considered to have impliedly assumed the risk?

16. How do the courts treat professional and amateur athletes differently when it comes to impliedly assuming the risk?

17. In what respect is immunity a complete defense?

18. What is the rationale underlying sovereign immunity?

19. For what reasons have the states abolished state sovereign immunity?

a. what immunities do states typically preserve?

b. what kind of statutory immunity is often created by states, and what are the basic provisions of these statues?

20. What kinds of functions of local government are usually protected by immunity?

21. Give an example of a function that is usually protected by immunity and of one that generally is not.

22. Which officials are granted immunity, and under what conditions is this immunity granted?

23. How does a public officials immunity relate to governmental immunity?

24. What is a 1983 action?

25. Why was interposal immunity created, and what is its status today?

26. What are the justifications for charitable immunity and what is its status today?

27.. What is the purpose of the statue of limitations?

a. when does a statue accrue?

b. what is the discovery doctrine, what is its purpose, and why is it sometimes criticized?

c. What is a statue of repose, and what is a potential with this statue?