Florida Department of Law Enforcement (FDLE) Practice Exam

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What term refers to the failure to use due or reasonable care resulting in harm to another person?

Omission
Negligence
Liability
Contravention

The correct answer is: Negligence

The term that refers to the failure to use due or reasonable care resulting in harm to another person is negligence. This legal concept signifies a breach of duty that the individual had to act with care and caution, which leads to injury or damage to another party. Establishing negligence typically involves proving that a duty of care existed, that the duty was breached, and that this breach directly caused harm. Negligence encompasses various scenarios, such as a driver failing to obey traffic laws and causing an accident, or a professional not adhering to standard practices, resulting in client injury. The focus lies on the actions (or inaction) that reflect a lack of reasonable care, showing that the responsible party did not meet the expected standards of conduct in a given situation. Understanding negligence is crucial in legal contexts, especially in tort law, where individuals seek compensation for damages caused by another's failure to act responsibly. This concept emphasizes the balance of rights and responsibilities in society, as individuals are expected to conduct themselves in a manner that does not put others at undue risk.