Legal Jeopardy. Mark D. Jahnke & Paul G. Aubin Specialty Claims Services, Inc.
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1 Legal Jeopardy Mark D. Jahnke & Paul G. Aubin Specialty Claims Services, Inc.
2 Jeopardy Highway Law Protect Yourself! Acronyms At Work This & That Double Jeopardy
3 Legal protection afforded to a Road Commission while performing its governmental function 100 Question - Highway Law
4 What is Governmental Immunity? 100 Answer - Highway Law
5 Authority that a governmental agency must have over a highway in order to have legal liability for its repair and maintenance 200 Question - Highway Law
6 What is Jurisdiction? 200 Answer - Highway Law
7 Bridges, sidewalks, trailways, crosswalks and culverts are included in its statutory definition while alleys, trees and utility poles are not 300 Question - Highway Law
8 What is the definition of Highway? 300 Answer - Highway Law
9 The part of the highway for which a Road Commission can be held legally liable 400 Question - Highway Law
10 What is the improved portion of the highway designed for vehicular travel? 400 Answer - Highway Law
11 Term that refers to the expiration of time, after which a Road Commission can no longer be sued 100 Question - Protect Yourself!
12 What is the Statute of Limitations? 100 Answer - Protect Yourself!
13 Clause contained in a contract in which the contractor agrees to protect the Road Commission from liability 200 Question - Protect Yourself!
14 What is a Hold Harmless / Indemnification Clause? 200 Answer - Protect Yourself!
15 A Certificate of Insurance supplied by a contractor for a project should identify the Road Commission as this 300 Question - Protect Yourself!
16 What is an Additional Insured? 300 Answer - Protect Yourself!
17 Term used to describe a Road Commission s activities to preserve evidence ASAP after serious accidents 400 Question - Protect Yourself!
18 What is Freezing-the-Facts? 400 Answer - Protect Yourself!
19 MMUTCD 100 Question - Acronyms
20 What is the Michigan Manual of Uniform Traffic Control Devices? 100 Answer - Acronyms
21 MCRCSIP 200 Question - Acronyms
22 What is the Michigan County Road Commission Self-Insurance Pool? 200 Answer - Acronyms
23 MCL 300 Question - Acronyms
24 What is Michigan Compiled Laws? 300 Answer - Acronyms
25 ADEA 400 Question - Acronyms
26 What is the Age Discrimination in Employment Act? 400 Answer - Acronyms
27 Level of Tolerance to be exercised by a Road Commission in any type of harassment situation 100 Question - At Work
28 What is Zero? 100 Answer - At Work
29 Two kinds of sexual harassment claims are recognized by the courts, Quid Pro Quo and this 200 Question - At Work
30 What is Hostile Work Environment? 200 Answer - At Work
31 The #1 charge made in employment claims filed with the EEOC in Question - At Work
32 What is Retaliation? 300 Answer - At Work
33 Act that protects an employee who reports or is about to report that his employer is in violation of the law 400 Question - At Work
34 What is the Whistleblowers Protection Act? 400 Answer - At Work
35 Person that you should use as a guideline when judging the appropriateness of your behavior in a sexual harassment situtation 100 Question - This & That
36 Who is Mom? 100 Answer - This & That
37 Objects mounted on truck cabs that can obstruct the driver s view when looking right and left 200 Question - This & That
38 What are side view mirrors? 200 Answer - This & That
39 Latin expression that refers to the negligence of a snowmobiler when involved in a collision with a motor vehicle 300 Question - This & That
40 What is Prima Facie? 300 Answer - This & That
41 Two-wheeled motorized mode of transportation not considered to be a motor vehicle under the Michigan No-Fault Insurance Act 400 Question - This & That
42 What is a Motorcycle? 400 Answer - This & That
43 Double Jeopardy MMUTCD D-Fence Here Come Da Judge! MSC True/False It s Time! Final Jeopardy
44 Word meaning treating similar situations in the same way per the MMUTCD 200 Question - MMUTCD
45 What is Uniformity? 200 Answer - MMUTCD
46 Warning sign intended for use in advance of a bridge or culvert having a clear two-way roadway width of 17 to 19 feet 400 Question - MMUTCD
47 What is a Narrow Bridge sign? 400 Answer - MMUTCD
48 A turn warning sign is intended for use when the recommended speed for the turn is equal to or less than this speed 600 Question - MMUTCD
49 What is 30 mph? 600 Answer - MMUTCD
50 The MMUTCD is not a substitute for this when making a decision for the installation of a traffic control device 800 Question - MMUTCD
51 What is Engineering Judgment? 800 Answer - MMUTCD
52 Law that allows Road Commission vehicles to ignore certain parts of the Motor Vehicle Code while they are actively engaged in roadway maintenance 200 Question - D-Fence
53 What is the Emergency Vehicle Statute? 200 Answer - D-Fence
54 Legal premise which states that a Road Commission is not liable for accidents caused by ice or snow covered roadways 400 Question - D-Fence
55 What is the Natural Accumulation Doctrine? 400 Answer - D-Fence
56 Doctrine by which the actions of parties to a lawsuit are weighed, often on a percentage basis 600 Question - D-Fence
57 What is Comparative Negligence? 600 Answer - D-Fence
58 Term meaning that plaintiff s injuries and damages were a direct result of defendant s negligent conduct 800 Question - D-Fence
59 What is Proximate Cause? 800 Answer - D-Fence
60 The legal standard for a jury verdict in a criminal trial is beyond a reasonable doubt. The legal standard for a civil trial is this 200 Question - Here Come Da Judge!
61 What is preponderance of the evidence? 200 Answer Here Come Da Judge!
62 Conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results 400 Question Here Come Da Judge!
63 What is Gross Negligence? 400 Answer Here Come Da Judge!
64 Monetary Cap applicable to jury verdicts against Road Commissions? 600 Question Here Come Da Judge
65 What is None? 600 Answer Here Come Da Judge!
66 The result when a Road Commission fails to file an Answer to a lawsuit within the time frame specified by the Court 800 Question Here Come Da Judge!
67 What is a Default? 800 Answer Here Come Da Judge!
68 The Evens vs. Shiawassee CRC MSC decision in 2000 affirmed that there can be legal liability for Road Commissions relative to traffic control devices 200 Question MSC True/False
69 What is False? 200 Answer MSC True/False
70 The Hanson vs. Mecosta CRC MSC decision in 2002 eliminated legal liability for Road Commissions relative to defective design 400 Question MSC True/False
71 What is True? 400 Answer MSC True/False
72 The Grimes vs. MDOT MSC decision in 2006 affirmed that there can be legal liability for Road Commissions relative to shoulder drop-offs 600 Question MSC True/False
73 What is False? 600 Answer MSC True/False
74 The Regan/Zelanko vs. Washtenaw CRC MSC decision in 2004 affirmed that sweepers, mowers and the like fit under the Motor Vehicle Exception to governmental immunity 800 Question MSC True/False
75 What is True? 800 Answer MSC True/False
76 Year in which the Michigan County Road Commission Self- Insurance Pool commenced operations 200 Question It s Time!
77 What is 1984? 200 Answer - It s Time!
78 Number of days an injured person is given to notify a Road Commission of his or her intent to sue under the highway exception to governmental immunity 400 Question - It s Time!
79 What is 120 days? 400 Answer - It s Time!
80 Number of days after which it is conclusively presumed that a Road Commission has knowledge of a highway defect 600 Question - It s Time!
81 What is 30 days? 600 Answer - It s Time!
82 Pursuant to the State trunkline maintenance agreement, the number of days allowed for a Road Commission to forward a claim relative to a State trunkline highway to the Asst. Atty. General s office 800 Question - It s Time!
83 What is 15 days 800 Answer It s Time!
84 Final Jeopardy Percentage that claims experience affects the Member s Liability Contribution to the Pool
85 Final Jeopardy Answer What is 50%?
86 Category MCRCSIP Final Jeopardy
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