Presentation on theme: "T ORTS. T RUE OR F ALSE ? Wrongs against individuals are called crimes."— Presentation transcript:
T RUE OR F ALSE ? Wrongs against individuals are called crimes.
False Wrongs against individuals are called TORTS.
T RUE OR F ALSE ? The vast majority of tort cases are resolved through settlements.
T RUE OR F ALSE ? Tort law balances the usefulness of certain conduct against the harm that conduct might create.
T RUE OR FALSE ? Torts cannot be committed by students at school.
T RUE OR FALSE ? Intentional torts require that the person intended to cause harm.
The relationship of torts to crimes is a. Intentional torts are generally crimes. b. Misconduct causing injury is either a crime or a tort but never both. c. Negligence torts are generally crimes. d. None of the above
Answer: A Intentional torts (batter, e.g.) are generally crimes too!
The harmed individual in a tort is called this.
The accused wrongdoer in a tort is called this.
In tort law, this term means one is responsible for harm done.
Plaintiffs in tort suits are seeking a(n) a. Waiver b. Tort c. Remedy d. immunity
Plaintiffs are seeking a remedy.
What is the standard of proof in a tort suit?
Preponderance of the evidence.
T RUE OR FALSE ? Juan shakes his fist at Javiers face and states that Javier is going to get it. Juan has committed a battery.
False A threat is an assault.
This type of tort is involved when someone unlawfully exercises control over the personal property of another. It can also be an intentional tort.
What type of damages may be awarded to punish the defendant for malicious, willful, or outrageous injury or loss?
What are symbolic damages that show the plaintiff was wronged even though there was not substantial injury or loss called?
Jorie slipped and spilled his hot coffee on Tim. Tim retaliated by throwing his lemonade on Jorie. Jorie committed A. No tort B. Assault C. Battery D. Infliction of Emotional Distress
A Jorie committed NO TORT
Which of the following is a defense to intentional torts? A. Consent B. Negligence C. Insanity D. Assumption of Risk
A person can get a patent on a(n) A. Song B. Book C. Invention D. Movie
C: A person gets a patent on INVENTIONS.
An invention that is in the public domain means that A. Someone has the exclusive right to sell and profit from the invention. B. Anyone may sell and profit from the invention. C. There is a monopoly on the invention. D. The invention can grant the right to sell the invention to another person.
Answer: B Anyone may sell and profit from the invention.
Copyrights protect A. any expression that is registered with the copyright office. B. any invention that is novel or truly new. C. any invention that is created. D. any expression that is somehow fixed (written down or stored on a computer disk).
D Copyrights protect any expression that has been saved somehow.
Negligence refers to A. Inattentiveness B. Lack of care about others. C. Forgetfulness. D. Unreasonable conduct
Negligence is D Unreasonable conduct.
What are the four elements that have to be proven to win for a Negligence Tort?
Duty, Breach, Causation, Damages
Jake, a city employee working in a manhole, forgets to replace the cover over the street. No one falls in. Jake has not committed negligence because this element of negligence is missing. A. Duty B. Breach C. Proximate cause D. injury
This occurs when there is an unreasonable interference with your ability to use and enjoy your property.
If the harm would not have occurred without the wrongful act, this is A. Proximate cause B. Actual cause C. Cause in fact D. All of the above
C; Cause in Fact!
What three activities typically fall under Strict Liability?
The reasonable person in tort law refers to the A. Typical person B.. Average person C. Idealized version of a typical, average person D. None of the above
C; idealized version of a typical, average person.
Which is a consequence of holding manufacturers strictly responsible for defective products? A. Higher insurance rates B. More research and development C. Lower prices for consumers. D. Dangerous products
B: More Research and Development
This is an intentional tort in which one person harms anothers reputation by false statements made to a third party.
This type of property includes ones house and land.
___________may have to pay damages to a property owner for unlawfully entering onto the owners property even though no harm was done to the property.
The most commonly used legal defense to intentional torts is ____________.
What is a common defense when a plaintiff sues for injury caused by a product of the manufacturer?
Misuse of the product.
Which of the following defenses result in any liability for the defendant? Contributory negligence Comparative negligence Assumption of risk
B; Comparative Negligence
Are compensatory damages available in a negligence suit?
Is incarceration available in negligence suits?
Being wrongfully confined against ones will.
A claim brought against the plaintiff by a defendant in a civil lawsuit.
Money paid to a plaintiff for injuries or losses suffered.
Unauthorized use of anothers patent or copyright.
Oral statements that harm another person's reputation
Responsibility of care owed to others.
Divides losses based on the degree to which each person is at fault.
What elements are necessary to prove in strict liability torts?