torts 1

Question 0

Define Tort

Answer 0

an act that is considered wrongful or injurious to another by law so that the injured or wronged party is able to bring action against the wrongdoer to recover damages.

Question 1

The Elements of the Tort of Negligence:

Answer 1

1) Duty of reasonable care owed to another.
2) Breach of reasonable duty of care.
3) Breach of duty caused suffering adverse effects
4) effects are recogized by law as an injury.

Question 2

Concept of Torts

Answer 2

• Defined wrongs that allow a right of action to the victim.
• Deal with legal responsibilities and duties that people owe to one another.
• provides victims power for just redress of the wrongs.

Question 3

Concept of Causation

Answer 3

– reasonable connection between the act/ failure to act of the defendant and the harm caused to the plaintiff. (wheeler v. white)

Question 4

MOTION FOR JUDGEMENT AS A MATTER OF LAW

Answer 4

A request by a party that the court enter a judgment in favor because there is no legally sufficient evidentiary basis on which a jury could find for the other party.

Question 5

Principle of STARE DECISIS

Answer 5

Binding authority (requirements):

• prior decision rendered by a court with Authority to render binding decisions (higher courts)
• issue actually resolved (not assumed away)
• resolution of the issue necessary to the prior decision (must be part of the holding or its not binding)
• comparable circumstances.

Question 6

Respondeat superior

Answer 6

• (let the master answer [for the wrongs of the servant])

Question 7

Basic Components of a Complaint;

Answer 7

• basic allegations in the suit
• demand of a jury trial
• requests that the court award relief if the defendent is held liable.