tort_law_20240522192131

Question 1

T or F: Most civil cases have to go to trial

Answer 1

False

Question 2

What is an interrogatory?

Answer 2

Written questions for parties of a legal case

Question 3

What is.

Answer 3

Oral questions for a case party(ies), recorded by a court stenographer.

Question 4

What is the venire?

Answer 4

The jury panel

Question 5

What does Voir Dire mean?

Answer 5

French for ‘look, speak”, another way of saying jury selection

Question 6

What does ADR stand for?

Answer 6

Alternative Dispute Resolution

Question 7

What three general actions can appellate courts take?

Answer 7

Affirm decision, reverse decision, remand (requires more info from court)

Question 8

What is Prima Facie Evidence?

Answer 8

When a plaintiff presents evidence for each element of the case, and forms a basic case

Question 9

Requirements for assault?

Answer 9

Intentional actions meant to cause fear or apprehension in another person

Question 10

What is the reasonable person standard?

Answer 10

Whether an element has been met according to a hypothetical, reasonable person instead of the actual people involved

Question 11

Requirements for battery?

Answer 11

One intentionally making contact with another that is harmful or offensive

Question 12

What is battery known as?

Answer 12

A completed assault

Question 13

What’s assault known as?

Answer 13

An attempted battery

Question 14

T or F? Physical contact must leave a physical mark to be considered battery

Answer 14

False. Contact is any touch, no matter how slight.

Question 15

What is false imprisonment?

Answer 15

Being intentionally and unlawfully restrained by the use of threat or force

Question 16

What is emotional distress?

Answer 16

Intentional actions that a hypothetical, reasonable person would have suffered emotional distress from

Question 17

Requirements for Emotional Distress?

Answer 17

Intentional/reckless conduct, causation (connection of action to distress), “intolerable” actions

Question 18

What are the elements of malicious prosecution?

Answer 18

Defendant bringing shit case against plaintiff, plaintiff wins. Knowingly shit case, no probable charge

Question 19

What is tresspassing?

Answer 19

Intentional, unprivileged entry onto plaintiff’s real property without permission. Intent not always required.

Question 20

What is a strict liability tort?

Answer 20

Where the defendant doesn’t need to be aware of a wrongdoing to be charged with one.

Question 21

What is an injunction?

Answer 21

A court order that tells someone to stop a specific action, or do a specific thing

Question 22

What are the elements of trespass to chattels?

Answer 22

Intentional, unprivileged interference with property, damages, or loss of property

Question 23

What are aggressors?

Answer 23

People who start fights (tort law)

Question 24

T or F: People with martial arts training have the same legal opportunities as everyone else.

Answer 24

False. They have a greater legal responsibility and less (not no) of a case for self-defense

Question 25

T or F: Deadly force can be used to protect property

Answer 25

False.

Question 26

What is duress?

Answer 26

Threat of physical safety

Question 27

T or F: Coercion is often notably different than duress

Answer 27

F

Question 28

What is a compulsion claim?

Answer 28

An insanity plea, the defendant couldn’t help but commit the crime

Question 29

What are the elements of a trespass?

Answer 29

Intentional unprivileged entry onto real property without permission

Question 30

What is conversion?

Answer 30

Of personal property, retaining without permission

Question 31

What is the difference between personal property and real property?

Answer 31

Personal property is things, real property is land

Question 32

What are the four basic elements of negligence?

Answer 32

Duty, Breach, Causation, Damages

Question 33

What does per se mean?

Answer 33

Of or by itself

Question 34

What is a contingency fee?

Answer 34

A percentage paid to the plaintiff firm of the client’s court winnings (to cover legal fees)

Question 35

What question is asked to determine a duty?

Answer 35

“Was the injury to the plaintiff reasonably foreseeable?”

Question 36

What are examples of people who have higher legal duties than the average citizen?

Answer 36

Accountants, architects, attorneys, Doctors, stockbrokers, cops

Question 37

T or F: Negligence per se uses the reasonable person standard.

Answer 37

F, it is dictated by statute