Chicago Basset On-Premise Server Practice Test

Which procedure requires proof that the plaintiff provoked the intoxicated person?

1. Complicity

2. Connection

3. Provocation

4. Deterrence

The correct answer is: Provocation

The procedure that requires proof that the plaintiff provoked the intoxicated person is provocation. In legal contexts, provocation refers to circumstances where the behavior or actions of one party can influence or incite another party to act, particularly in emotionally charged situations. In cases involving intoxication, if a person is deemed to have been provoked by the plaintiff, it can shift liability or blame from the intoxicated individual to the plaintiff. This is significant because it can determine the outcome of liability claims in personal injury or similar cases, where the plaintiff’s actions may have contributed to the situation that led to the intoxicated person’s behavior. Understanding provocation is essential in determining how the law views the responsibility of each party involved. By establishing that the plaintiff's actions were provocative, it can potentially mitigate any liability of the intoxicated individual or alter the interpretation of culpability in the incident.