1. For a plaintiff's professional malpractice claim to be successful, the plaintiff must prove that the professional was ___________, that is that the professional's conduct fell below the legally established standard of care for the protection of others against unreasonable risk of harm.
2. A plaintiff proves that a professional has committed professional malpractice by showing the professional had a duty of reasonable care, but that he/she ___________________ that duty, which was the actual and proximate cause of plaintiff's damages.
3. The standard of care a professional is required to have is the skill and learning commonly possessed by members in _________ within that profession.
4. The ____________Rule holds doctors to the degree of knowledge and skill that is generally exercised by the same profession in the local community where they practice.
5. Professionals are held to a higher standard of care than the average citizen. A professionals standard of care is that the professional is required to have the skill and learning commonly possessed by members in _________ ________ within that profession.
6. The national standard of care for doctorsrequires a doctor to use the degree of skill and care of areasonably competent practitioner in his field under the same or similar ______________.
7. ____________ ___________ is the process of a physician providing essential information to a competent patient so that the patient can make a voluntary choice to accept or refuse treatment.
8. Because of the _____________relationship between a professional and a client, which is based on trust and confidence, the professional has an obligation to reveal all material facts to the client.
9. Florida's Medical Consent Law (Fla.Stat. 766.103) adopts the ____________ _____________ standardwhich requires the physician to disclose only those risks and alternatives that the reasonable medical practitioner in the community would disclose under similar circumstances.
10. A doctor is not required to provide informed consent in emergency situations and if the patient is ______________, which means the patient does not have decision-making capacity.
11. The Florida legislature codified the requirement for doctors to provide informed consent in a statute known as the Florida __________ ___________ Law.
12. Most legal malpractice cases are filed because either the attorney does not regularly communicate with the client or because the client has __________ __________, which is usually a result of the client overvaluing their own case.
13. The ___________ __________ ___________ is a rule that provides that lawyers may not disclose oral or written communications they had with clients in the face of a legal demand for the information if the client reasonably expects and intends for the information to remain private.
14. The duty of __________________ requires attorneys and employees of a law firm to keep all informationrelated to the representation of the client private, even if the information did not come from the client.
15. Paralegals cannot give legal advice as this is considered the ____________ ___________ of law and is a a third degree felony in Florida.
16. To be held liable for all 3 types of misrepresentation, the defendant must intend to induce the plaintiff's justifiable __________ on his misrepresentation and the plaintiff must suffer damagestemming from this.
17. ___________ misrepresentation occurs when a defendant makes a statement he knows is false and intends that the plaintiff rely on it to his detriment and to the benefit of the defendant.
18. To win a claim for______________ misrepresentation, the plaintiff will need to prove that the defendant had no reasonable ground for believing the misrepresentation to be true.
19. ____________ misrepresentation occurs when the Defendant had reasonable grounds for believing that his false statement was true.
20. The doctrine of ________ ________ means "let the buyer beware" and stands for the proposition that sellers of real estate had no duty to disclose defects in residential homes.
21. A ________ nuisance is a nuisance in which the defendant interfered with a right common to the general public.
22. A __________ nuisance is a nuisance in which the defendant interfered with the plaintiff's enjoyment of his land.
23. A plaintiff who ________ to the nuisance is one who purchases property knowing in advance that a nuisance exists.
24. If a defendant actively interferes with a valid contract between the Plaintiff and a third party, causing the breach of the contract, the plaintiff may have a claim for the tort of ________________________________________________________________.
25. If a Defendant intentionally disrupts a business relationship between the Plaintiff and a third party, causing the Plaintiff to be financially damaged, the Defendant has committed the tort of ________________________________________________________________________________.
26. In a case for the tort of __________ __________ , a defendant actively participates in instituting criminal proceedings against another, lacks probable cause, and has motives other than bringing the plaintiff to justice.
27. If a person uses the discovery process to induce an opposing party to settle, he may be sued for the tort of ____________ ___ ____________.
28. ___________ is an exaggerated claim made by the seller of a product, business, or real property for the purpose of attracting buyers and is not actionable.
29. To win a claim for ___________________________________________________________________, the plaintiff must prove the defendant maliciously instituted a civil action without probable cause that defendant eventually lost but still damaged the plaintiff.