New York State Court Clerk Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Negligence in civil law is defined as a failure to take reasonable care that results in injury to another person. This concept is foundational in tort law and revolves around the idea that individuals have a duty to act with a certain standard of care to prevent foreseeable harm to others. When someone does not meet this standard of care—whether through action or inaction—and this breach causes injury or damage, they may be found negligent.

In practical terms, to establish negligence, one must demonstrate that the defendant owed a duty of care to the injured party, breached that duty, and that the breach directly caused the injury or damage. The idea is to hold individuals accountable for their carelessness and to provide a means of compensation to those who suffer as a result.

The other options do not represent the concept of negligence accurately. A refusal to assist in legal matters does not pertain to negligence but rather illustrates a lack of willingness to engage in a legal process. A legal term for intentional harm reflects a different area of tort law known as intentional torts, where the harm is deliberate. An act beyond the control of a defendant relates to the concept of force majeure or acts of God, which typically absolve individuals from liability as they could not foresee or prevent the event