Torts Flashcards
What is a tort? A) A type of criminal offense B) An act or omission causing harm for which courts impose liability C) A breach of contract D) An agreement between two parties
B
Which of the following is an example of a tort claim? A) Breach of contract B) Theft C) Medical malpractice D) A written contract dispute
C
Torts generally involve claims related to: A) Personal injuries, property damage, and defamation B) Criminal offenses C) Violations of the UCC D) Mutual agreements between businesses
A
Tort claims can arise from: A) Accidents, intentional harm, and defective products B) Breaches of written contracts only C) Failure to pay taxes D) Disputes over trademarks
A
Which of the following is NOT typically considered a tort? A) Nuisance B) Defamation C) Unfair termination D) Breach of contract
D
A tort differs from a contract in that: A) Contracts involve harm, while torts involve mutual agreements B) Torts are civil claims, while contracts are criminal C) Torts involve legal wrongs independent of agreements, while contracts are based on agreements D) Tort claims involve government action
C
What is one similarity between torts and contracts? A) Both are criminal offenses B) Both are types of civil claims C) Both involve government prosecution D) Both are subject to beyond a reasonable doubt standard of proof
B
In the deck-building example, the contractor’s breach of contract comes from: A) Leaving the deck partially built B) Taking too long to build the deck C) Not finishing the deck on time and not meeting code requirements D) Accepting another contract while working on the deck
C
In the deck-building example, the contractor’s actions could also lead to: A) A breach of tort B) A criminal charge C) A negligence claim D) A defamation claim
C
In tort law, negligence arises when: A) A party fails to use due care and causes harm B) A party fails to uphold a contract C) A crime is committed D) A person intentionally harms someone
A
Torts and crimes can overlap, as shown by which example? A) A car accident involving a breach of contract B) A person slipping and falling in a store C) Assault and battery D) An unfair termination of employment
C
Assault and battery can be both: A) Civil claims and contract claims B) Civil claims and crimes C) Negligence and product liability claims D) Contract claims and product liability claims
B
What is the key difference between civil claims (like torts) and crimes? A) Civil claims involve private parties, and crimes involve the government B) Civil claims involve the government, and crimes involve private parties C) Civil claims are punishable by jail time D) Civil claims have a higher burden of proof than criminal cases
A
Who files a lawsuit in a tort case? A) The prosecutor B) The government C) The injured party (plaintiff) D) A judge
C
Who brings charges in a criminal case? A) The injured party B) A private party C) The government D) A judge
C
The burden of proof in a civil tort case is: A) Beyond a reasonable doubt B) Preponderance of the evidence C) Absolute certainty D) Clear and convincing evidence
B
The burden of proof in a criminal case is: A) Preponderance of the evidence B) Balance of probabilities C) Beyond a reasonable doubt D) Clear and convincing evidence
C
In civil tort cases, the remedy is generally: A) Punitive damages B) Equitable relief only C) Money compensation for injuries D) Jail time for the defendant
C
In criminal cases, remedies typically involve: A) Money compensation to the victim B) Punitive or rehabilitative measures such as jail or programs C) Monetary damages only D) An apology from the defendant
B
Which of the following is NOT an example of a remedy in a tort case? A) Monetary compensation for injuries B) Equitable relief C) Jail time D) An order to stop harmful conduct
C
In tort law, equitable relief means: A) Money paid to the injured party B) Punishment of the defendant C) An order for a party to do or stop doing something D) Rehabilitation of the defendant
C
What is an example of a tort involving property? A) Defamation B) Nuisance C) Fraud D) Breach of contract
B
Defamation is considered a tort when: A) Someone breaches a contract B) False statements are made that harm someone’s reputation C) A person is charged with a crime D) A contract is interfered with
B
A claim for emotional harm could fall under which area of law? A) Contract law B) Tort law C) Criminal law only D) Property law
B