Chapter 6 Test Review Questions

1. All torts are considered to be against one of these 3 things 1. All torts are considered to be against one of these 3 things.. What are they? ANSWER: Person, property or business ** Protect a persons rights

2. All torts start with this? ANSWER: An Injury ** NO INJURY, No Case….

3. Can a single act be both a Crime and a Tort. ANSWER: YES 3. Can a single act be both a Crime and a Tort? ANSWER: YES ** BUT, these would be separate cases. You could be charged with a crime and not sued, or sued and not charged for a crime too

4. What is the standard of proof in a civil case 4. What is the standard of proof in a civil case? ANSWER: Based on a Preponderance of Evidence ** More right than you are wrong. 51% correct

5. What is the final result of a civil trial. ANSWER: The Judgement 5. What is the final result of a civil trial? ANSWER: The Judgement ** Judgement is the outcome of a trial (Defendant liable or not liable)

6. What are the 4 elements needed to prove all civil acts 6. What are the 4 elements needed to prove all civil acts? ANSWER: Duty, breach of duty, injury and causation ** Starts with Injury

7. All civil act start with the plaintiff filing this 7. All civil act start with the plaintiff filing this? And the defendant filing this in response? ANSWER: Complaint (Plaintiff) and Answer (Defendant) ** Must be served each in order to be valid

8. Who determines if a duty of care exists in a civil trial 8. Who determines if a duty of care exists in a civil trial? ANSWER: The judge ** A judge has the power to end a trial or allow it to continue by determining if a violation of the duty even exists

9. What element of a civil act means that the injury was caused by the breach of duty by the defendant? ANSWER: Causation ** Causation means the breach caused the injury. In other words, you were not injured before the accident, but were after

10. What is defined as a degree of causation great enough to be recognized by the law? ANSWER: Proximate Cause ** Fancy way of saying the injury is recognized as legitimate and you have a case

11. All civil acts are categorized into these 3 things, what are they 11. All civil acts are categorized into these 3 things, what are they? ANSWER: Negligence, Strict Liability and Intentional ** Intentional torts require that the person “meant” the act in order to injure the other person

12. Which of these 3 categories of civil acts means you are held responsible even though you were not negligent? ANSWER: Strict Liability ** Responsible because its your product, business or child

13. Which of these 3 categories of civil acts means a careless action by you led to an injury? ANSWER: Negligence ** Most common and easiest to prove, as there is no intent needed, only a careless action

14. What element must be added to duty, breach, injury and causation to prove an intentional tort? ANSWER: Intent ** Proof the defendant “Meant” to commit the act

15. What category of tort is the most common. ANSWER: Negligence 15. What category of tort is the most common? ANSWER: Negligence ** Careless act

16. What intentional tort is based on a threat to physically injure ANSWER: Assault ** Focus on the word “Threat”… Physical = battery

17. What intentional tort is based on purposely lying to injure another persons reputation? ANSWER: Defamation ** Written defamation- Libel, Spoke defamation- Slander. If it does not say spoken or written, defamation

18. What intentional tort is based on stealing someone's property or using it in a manner inconsistent with its purpose? ANSWER: Conversion ** Criminal version is larceny

19. What intentional tort is based on depriving a person of freedom of movement without their consent? ANSWER: False Imprisonment ** Intentionally holding someone in some place against their will

20. What intentional tort is based on a harmful or offensive touching of another person? ANSWER: Battery ** Could include fighting, rape, sexual assault, sexual harassment or more

21. What intentional tort is based on intentionally misrepresenting something to mislead another person? ANSWER: Fraud ** Intentional misrepresentation is a fancy way of saying they are LYING

22. What is based on the juries decision at the end of a trial 22. What is based on the juries decision at the end of a trial? ANSWER: Verdict ** Judgement is the end result of the trial

23. What damage award is ALWAYS asked for in every civil act 23. What damage award is ALWAYS asked for in every civil act? ANSWER: Compensatory ** Punitive damages are meant to punish the defendant and are rarely if ever given. Compensatory damages are always asked for

24. What is a judge order telling someone they cannot do something, in order to stop a tort from occurring? ANSWER: Injunction ** Court order of protection, stopping a business from knocking down a building, etc

25. What is a written order from a judge allowing a plaintiff to collect a damage award from a defendant through wage garnishment or a freeze of bank accounts? ANSWER: Writ of Execution ** Judge writes an order giving the plaintiff the right to collect the damage because its not being paid

26. What is damage rarely asked for that is meant to punish the defendant? ANSWER: Punitive ** Compensatory first, THEN punitive, if attempted

27. What is the name given for how an attorney collects their fees based on a percentage of what damages are won at trial? ANSWER: Contingency fee ** Attorneys are allowed to be paid 25-33% of what is collected in the damages awarded

28. What defense to a negligence claim states that the damage award can be split between the 2 parties based on a percentage of fault on each side? ANSWER: Comparative Negligence ** Contributory Negligence are 100% or nothing. Best defense is Assumption of Risk, which means you took the risk, therefore cannot claim the injury is the other persons fault

29. What is a court order issued to force a witness to testify called 29. What is a court order issued to force a witness to testify called? ANSWER: Subpoena ** If a person is issued a subpoena, they must come to court or they can be arrested for contempt of court

Any Other Questions? Test Thursday May 24th Review posted online after Tuesday KNOW Negligence, Strict Liability and Intentional VERY VERY well!