301 1

Question 1

tortious intent

Answer 1

not require a hostile motive

actor desires to cause the consequence of act or thinks the consequences are almost certain to result from it

Question 2

recklessness

Answer 2

conscious disregard/indifference to the consequences of the act committed

unreasonably dangerous that person should have known that harm was probable to result

Question 3

necessary characteristics of law

Answer 3

certainty: presumption of stability of important legal principles: no abrupt, gradual change

flexibility: legal principles adaptable to diff fact situations giving need to apply rule of law

knowability: legal principles can’t be relied upon if cannot be known ( must be common sense)

reasonableness: must be fair to govern our conduct by rules of law

Question 4

burden of proof civil casses

Answer 4

to a reasonable certainty by the greater weight of the credible evidence: it is enough to conclude that the defendant is probably liable

Question 5

burden of proof in aggrevated civil cases

Answer 5

to a reasonable certainty by the evidence is clear, satifsactory, adn convincing

rational conclusion of the evidence