Chapter 4

Question 1

purpose of the tort system

Answer 1

is to allocate the economic impact of certain acts deemed to be wrongful and to provide for compensations for those injured by holding liable those responsible in one way or another

Question 2

purpose of criminal system

Answer 2

has as its purpose deterrence of and punishment for acts deemed to be harmful to society

Question 3

the law of tort

Answer 3

represents a common law array of remedies designed to allocate the economic impact of undesirable conduct

assign liability; liability determines who will bear the monetary burden of damage resulting from the tortuous conduct

Question 4

Unintentional torts

Answer 4

negligence

Question 5

Strict Liability Tort

Answer 5

is neither intentional nor unintentional; it is rather more closely described as automatic, without attention to any matter of intent

Question 6

Negligence (Unintentional Torts)

Answer 6

deals with instances in which somebody has failed to be careful (careless) and as a result has caused damage to another.

Question 7

Element of Negligence

Answer 7

1. duty
2. Breach
3. cause
   4.Injury

Question 8

Duty

Answer 8

the plaintiff in a negligence lawsuit must demonstrate that the defendant owed a _____ to him or her

as there is a pervasive _____ with regard to careful behavior that applies to all citizens. The ___ is this all person owe a ___- to all other person to behave in a manner that is reasonable careful.

Question 9

Malpractice

Answer 9

is thus about carelessness, and not about competency or fitness to engage in the practice of any profession.

Question 10

Breach

Answer 10

means that the defendant failed to observe that level of care

Question 11

Cause

Answer 11

it is necessary that the breach causesed an injury
1. Actually Cause
2.Proximity cause

Question 12

Actual Cause

Answer 12

sometimes called cause of fact
is demonstrated as scientific or physical causation
“but for” standard
but for the breach of duty the injury would have not occurred
does not need to be direct but must be evident

Question 13

Proximate Cause

Answer 13

is a legal artifice designed to exclude from the tort of negligence improbable or unforeseeable chains of causation.

Question 14

Injury

Answer 14

is a far-reaching concept, and the negligent defendant may be required to compensate for all damages; such damages are know as c compensatory damages.

Question 15

there are two types of damages

Answer 15

1. Personal Injury
2. Property Damagage

Question 16

Punitive Damages

Answer 16

against a defendant to be paid as deferrence to future persons to stop such actions form happening agains

Question 17

Comparative Negligence

Answer 17

contemplates the very real possibility that multiple causes contributed to he occurrence of an accident or event, ad that often some part of the total causation package is represented by careless conduct by the plaintiff.

Question 18

Contributory Negligence

Answer 18

if a plaintiff was responsible for any part whatsoever of the carelessness that contributed to the cause the accident, the plaintiff was barred from any recovery era whatsoever.

Question 19

Assumption of Risk

Answer 19

holds that if a plaintiff could have acted in a way which would have averted injury caused by the defendant’s negligence, the plaintiff would not recovery compensation.

Question 20

Superseding Cause

Answer 20

is a defense which works to remove the element of cause forth plaintiff’s proof.

Question 21

Conversion (intentional torts)

Answer 21

is the civil equivalent of theft.
very similar to the crime of larceny and theft

Question 22

Assault and Battery (intentional torts)

Answer 22

Assault is the act of putting someone in fear of bodily harm, battery is the actual act of installing bodily harm to anther without privilege or consent.

Question 23

Intentional Interference with a contract (intentional torts)

Answer 23

creates liability for a person who intentionally acts with regard to tow or more other person to cause one of them to brach a contract to the others or others.

Question 24

Defamation (intentional tort)

Answer 24

provides compensation when one person wrongfully injures the reputation of another

Question 25

Slander

Answer 25

is the tort of making an untrue and defamatory (negative or harmful) statement orally, in regular speech.

Question 26

libel

Answer 26

is the tort making an untrue or defamatory statement in writing

Question 27

strict liability

Answer 27

is simple and historically tort doctrine that holds that any person who engages in an ultra-hazardous activity is strictly liable for th4 damage done to others by virtue of that activity

Question 28

Product Liability

Answer 28

has become a major issues for business in the U.S. and the management of product liability is a critical part of the management of any business involved with products

Question 29

Misdemeanors

Answer 29

crimes with punishment involving less than a stated dollar amount and less than one year incarceration in the state penitentiary are

Question 30

felonies

Answer 30

crimes with punishment involving higher dollar amount fines and possible confinement of more than one year in the state penitentiary are

Question 31

requirement for criminalization

Answer 31

1. mens rea
   2.Actus reus

Question 32

mens rea

Answer 32

refer to a guilty state of mind

Question 33

actus reus

Answer 33

refers to an act or item of conduct which merits criminalization.
declaring certain conduct to be illegal

Question 34

Larcency

Answer 34

is the taking of the property of another without privilege or consent and with intent to permanently to deprive
is similar to the tort of conversion

Question 35

Burglary

Answer 35

occurs whenever one enters the property of another to commit an illegal crime.

Question 36

Robbery

Answer 36

occurs when there is an act of larceny coupled with any threat of harm or violence in a face to face context

Question 37

Vandalism and Ason

Answer 37

Vandalism = is th chimer of intentionally inflicting harm the property of another
Arson= which is the crime that occurs when a property is intentionally damaged by fire .

Question 38

fraud

Answer 38

contemplates the illegal taking of property (including money) of another through the use of trick, misrepresentation or deceit.

Question 39

Extortion

Answer 39

involves the taking of the property of another by threat of harmful action