Torts

Question 1

The burden of persuasion

Answer 1

The one who has to prove what in a suit.

Question 2

The one who has to prove what in a suit.

Answer 2

The burden of persuasion

Question 3

The burden to price the case is upon the

Answer 3

Plaintiff or the one who brings the initial allocation of harm

Question 4

The burden of production

Answer 4

How much evidence is required to meet a threshold of believability such that the trier of fact should believe that the defendant is liable or guilty.

Question 5

How much evidence is required to meet a threshold of believability such that the trier of fact should believe that the defendant is liable or guilty.

Answer 5

The burden of production

Question 6

The plaintiff must provide enough evidence and find it more likely than not that the defendant is liable, a burden of proof called

Answer 6

Preponderance of the evidence

Question 7

Preponderance of the Evidence

Answer 7

The plaintiff must provide enough evidence and find it more likely than not that the defendant is liable, a burden of proof called

Question 8

General civil standard of proof, required for most civil actions and that amount of proof that makes it more likely than not that defendant is liable (a civil term).

Answer 8

Preponderance of the evidence

Question 9

Very high standard of civil proof, we will see this in damages, short of the highest standard of proof.

Answer 9

Clear and Convincing Evidence

Question 10

Conscious volitional bodily movement that cannot be done asleep

Answer 10

Act

Question 11

Act

Answer 11

Conscious volitional bodily movement that cannot be done asleep

Question 12

Elements for Battery

Answer 12

1)An act with (2) intent to touch that (3) resulted in harmful or offensive contact.

Question 13

1)An act with (2) intent to touch that (3) resulted in harmful or offensive contact.

Answer 13

Elements for Battery

Question 14

Specific Intent

Answer 14

Purposeful desire to cause a certain outcome

Question 15

Purposeful desire to cause a certain outcome

Answer 15

Specific intent

Question 16

with knowledge of a substantial certainty that the outcome is likely to occur.

Answer 16

General Intent

Question 17

General Intent

Answer 17

with knowledge of a substantial certainty that the outcome is likely to occur.

Question 18

(________ ________) Purposeful desire to cause a certain outcome, or (_________ _________) with knowledge of a substantial certainty that the outcome is likely to occur.

Answer 18

Specific Intent
General Intent

Question 19

Harmful

Answer 19

alteration to the structure of the body

Question 20

alteration to the structure of the body

Answer 20

Harmful

Question 21

reasonable person standard

Answer 21

Offensive

Question 22

Offensive

Answer 22

reasonable person standard)

Question 23

John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What is the issue?

Answer 23

Whether John will have a successful claim of Battery against Steve?

Question 24

John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What rule is applied and what are the elements?

Answer 24

The plaintiff must prove by preponderance of the evidence which has a two-part requirement (1. The burden of persuasion- who has to prove what) and (2. The burden of production-how much the plaintiff must prove/which is more likely than not or more than 50% sure) that the defendant acted (volitional conscious movement) with intent (purposeful desire to cause a certain outcome or knowledge with substantial certainty) (general/specific) to touch (directly or indirectly) the plaintiff without consent that results in a harmful (alteration to the structure of the body) or offensive (reasonable person standard) contact or apprehension (anticipation) that resulted in contact.

Question 25

John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What is the analysis?

Answer 25

Here Steve acted because he threw the baseball at John. Steve had the intent to hit John because he was mad at him. The contact resulted in harmful contact because John sustained a concussion from the throw.

Question 26

John and Steve went to the baseball field to play catch. John threw the ball at Steve and John caught it. Steve got mad at John and threw the ball back at John while he was not looking, which struck him in the head. John sustained a concussion from the throw and now John wants to civilly sue Steve for Battery.
What is the conclusion?

Answer 26

John will likely be successful in his claim of Battery against Steve.