Tort Law Exam

Question 1

Causation

Answer 1

Relationship between the defendants action and the plaintiffs loss that would not have occurred “ but for “ the defendants actions; in murder trials, the cause of death ( causing or producing of an event )

Question 2

Contributory Negligence

Answer 2

When someone contributes to his own injury

Question 3

Duty of care

Answer 3

A specific legal obligation to not harm other people on their property

Question 4

Foreseeability

Answer 4

The ability of a reasonable person to expect or anticipate the result of a certain action

Question 5

Libel

Answer 5

Defamation in a printed or permanent form such as pictures or a video

Question 6

Malpractice

Answer 6

Improper or negligent professional treatment by someone with expertise like a doctor

Question 7

Negligence

Answer 7

Careless act that causes harm to another

Question 8

Reasonable person

Answer 8

The standard used in determining if a persons conduct in a particular situation is negligent

Question 9

Slander

Answer 9

Defamation through spoken words or actions

Question 10

Trespass

Answer 10

To enter or cross another’s property without consent or legal rights

Question 11

Vicarious liability

Answer 11

A person is held responsible for another’s tort, even though the person may not have done anything wrong

Question 12

Voluntary assumption of risk

Answer 12

The acceptance of a possibility of harm or suffering; a particular defence for negligence

Question 13

Arbitration

Answer 13

Use of an arbitrator to settle a dispute

Question 14

Balance of probabilities

Answer 14

The basis on which a judge decides a civil action; who wins

Question 15

Class action

Answer 15

A single legal action brought on behalf of all members of a group with a common interest of grievance

Question 16

Default jugement

Answer 16

Not respond to the claim

Question 17

Garnishment

Answer 17

A court order requiring that money owed by a defendant to a plaintiff be paid out of the defendants bank account or wages

Question 18

General damages

Answer 18

Compensation payable in a civil action for pain and suffering loss of future income or loss of enjoyment of life

Question 19

Injunction

Answer 19

A court order directing a person to do or to not do something for a specific time period

Question 20

Litigation

Answer 20

A lawsuit; the legal action to settle a civil dispute

Question 21

Mediation

Answer 21

Assistance from a third party who assist them in reaching a settlement

Question 22

Punitive

Answer 22

Compensation payable in a civil action in addition to general and special damages to punish the defendant for a high handled and malicious attitude

Question 23

Special damages

Answer 23

Compensation payable in a civil case for specific out of pocket expenses like prescription drugs, vehicle repairs, lost income

Question 24

Statement of claim

Answer 24

The legal document in a civil action outlining the plaintiffs case against the defendant, and the desired satisfactory

Question 25

Statement of defence

Answer 25

The defendants response to the plaintiffs complaint, outlining the defendants version of the event

Question 26

Tort

Answer 26

A wrong or injury, other than breach of contract, that may be intentional or unintentional; the basis of tort law