Introduction to Tort law (Ch. 1-2)

Question 1

Early cause of action involving serious, forcible breaches of peace that evolved to encompass even minor physical contact; no showing of fault was required.

Answer 1

Action In Trespass

Question 2

Standard of proof requiring a showing of almost absolute certainty for each element.

Answer 2

Beyond a Reasonable Doubt

Question 3

Beyond a Reasonable Doubt

Answer 3

Standard of proof requiring a showing of almost absolute certainty for each element.

Question 4

Black-letter Law

Answer 4

Legal principles generally accepted by the legal community

Question 5

Standard of proof requiring a showing that each element is more probably than not.

Answer 5

Preponderance of the evidence

Question 6

Preponderance of the evidence

Answer 6

Standard of proof requiring a showing that each element is more probable than not

Question 7

Tort

Answer 7

Civil wrong for which victim receives money damages

Question 8

Tortfeasor

Answer 8

One who has committed a tort

Question 9

Trespass on the case

Answer 9

Early cause of action involving injuries inflicted indirectly and requiring some showing of fault

Question 10

affirmative defense

Answer 10

any defense that a party asserts for which it bears the burden of proof (must affirmatively prove)

Question 11

challenge for cause

Answer 11

request to remove a potential juror because of his alleged inability to decide the case impartially

Question 12

process in which the judge instructs the jurors in rules of law they are to apply

Answer 12

charging the jury

Question 13

demurrer

Answer 13

motion for dismissal based on a defect in the form or content of a complaint

Question 14

directed verdict

Answer 14

dismissal of a case because of the opposing party’s failure to meet the requisite burden of proof

Question 15

motion for summary judgement

Answer 15

motion requesting that the court enter a judgment on the party’s behalf because there is no material fact at issue

Question 16

motion in limine

Answer 16

motion to prevent evidence from being presented to the jury

Question 17

peremptory challenge

Answer 17

request to remove a potential juror for no articulated reason

Question 18

What are the four basic elements of a complaint?

Answer 18

Jurisdiction, Parties, Claim, and Damages

Question 19

What are the 6 basic phases of a case?

Answer 19

Initiating a complaint
Defendant Response (answer, motions, default…)
Discovery (interrogatories, deps, motion for summary judgement…)
Pretrial Procedures (conference, motion in limine)
Trial
Post-Trial Procedures (JNOV, motion for new trial, appeal)

Question 20

Torts vs Crime: Purpose

Answer 20

Tort: compensation
Crime: punishment

Question 21

Torts vs Crime: Standard of Proof

Answer 21

Tort: Preponderance of Evidence
Crime: Beyond a Reasonable Doubt

Question 22

Torts vs Crime: Interests Violated

Answer 22

Tort: Individual’s Interest
Crime: Society’s Interest

Question 23

Torts vs Crime: Procedural Rules

Answer 23

Civil rules vs Criminal rules

Question 24

Tort vs Contract: Duties Assigned

Answer 24

Torts: Imposed by Law
Contracts: Assigned by Parties’ Consent

Question 25

Tort vs Contract: Obligations Made to

Answer 25

Torts: Society in General
Contracts: Specific Individuals

Question 26

strict liability

Answer 26

Acts committed with no intent at all