New York State Private Investigator Practice Exam

Which of the following describes negligence in legal terms?

1. An intentional act that results in harm

2. A failure to act with reasonable care

3. A justification for criminal actions

4. A discussion about ethical behavior

The correct answer is: A failure to act with reasonable care

Negligence is defined in legal terms as a failure to act with reasonable care, which means that an individual or entity did not take the appropriate precautions or actions that a reasonably prudent person would have taken in a similar situation. This concept is fundamental in personal injury cases, where the claimant must demonstrate that the defendant's lack of reasonable care directly caused harm or injury. In the context of tort law, negligence requires that certain elements be met: there must be a duty of care, a breach of that duty, causation linking the breach to the harm suffered, and actual damages incurred. By understanding negligence as a failure to uphold the standard of behavior that society expects, it becomes clear why this definition is central to many legal cases involving injuries and accidents. Other options relate to different legal concepts. An intentional act that results in harm describes intentional torts, while a justification for criminal actions refers more to defense strategies in criminal law. Discussions about ethical behavior can encompass a broad range of topics but do not specifically address the legal definition of negligence. Thus, the correct answer, which identifies negligence as a failure to act with reasonable care, emphasizes the critical nature of assessing actions and their consequences in legal contexts.