Unit 3: Tort law

Question 1

Tort law (also known as tort or torts)

Answer 1

Covers civil wrongs that people and legal entities have done. Tort has two main aims. One is to compensate the victims of civil wrongs for loss or injury (ex: damages).
Tort also acts as a deterrent, and aims to reduce the harm caused by making the tortfeasor pay compensation for harm caused.

Question 2

V/F: The main aim of tort law is to punish people who have done something wrong.

Answer 2

False.

Question 3

V/F: The most common remedy awarded in tort cases is damages (=money awarded as compensation).

Answer 3

True.

Question 4

Injunction

Answer 4

Where the court orders a person not to do something, for example, not to publish an article in a newspaper. It may also be used to make someone do something, although this is less common.

Question 5

V/F: An injunction is a type of judicial order that stops a person from doing something that may harm someone.

Answer 5

True

Question 6

V/F: The term tort means the same as the term negligence.

Answer 6

False

Question 7

Strict liability

Answer 7

In certain cases, such as defective products that cause harm to consumers, the defendant will be found liable even if the defendant has not done anything wrong.

Question 8

V/F: A defendant must always have done something wrong being found liable for damages in tort.

Answer 8

False

Question 9

V/F: The standard of proof in civil cases is lower than that in criminal cases.

Answer 9

True.
The standard of proof in civil cases, the preponderance of the evidence, is much lower than in criminal cases, the facts of which have to be proved beyond reasonable doubt.

Question 10

V/F: Some jurisdictions award damages that are meant to punish the defendant for the bad thing the defendant has done.

Answer 10

True

Question 11

loss or injury, caused negligently or intentionally, to a person or property

Answer 11

damage

Question 12

the failure to do something which a reasonable person would do under the circumstances, or the doing of something which a reasonable and prudent person would not do under the circumstances; failure to be as careful as the law demands

Answer 12

negligence

Question 13

being responsible for something that has gone wrong, usually because of something that you have done; having acted wrongfully or improperly

Answer 13

at fault

Question 14

something that causes harm or annoyance to a person or to property

Answer 14

nuisance

Question 15

bringing a criminal case before a court; when someone is prosecuted

Answer 15

prosecution

Question 16

when something has not been done or included that should have been

Answer 16

omission

Question 17

the legal term for monetary compensation awarded by a court for a loss or injury which has been suffered

Answer 17

damages

Question 18

someone who commits a tort

Answer 18

tortfeasor

Question 19

any person, partnership, proprietorship, company, association or other organisation that can be a party to a contract

Answer 19

legal entity

Question 20

a court order preventing a person from doing something, ordering a person to stop doing something or ordering a person to carry out some action

Answer 20

injunction

Question 21

any action, error, misstatement or omission etc that is in violation of the law, especially the civil law

Answer 21

wrongful act

Question 22

a broad term meaning harm, injury, damage or another harm or shortcoming of some sort

Answer 22

loss

Question 23

something that discourages or is intended to discourage someone from doing something

Answer 23

deterrent

Question 24

to decide and state formally in court that a person is not guilty of a crime they were accused of

Answer 24

acquit

Question 25

to make a formal accusation of a crime

Answer 25

charge

Question 26

a separate criminal charge as written in an indictment (=a formal charge of a serious crime)

Answer 26

count

Question 27

to take a civil legal action against a person or organisation, often (but not only) when claiming money for some harm, injury or wrong that they have caused you

Answer 27

sue

Question 28

the crime or tort of using force or offensive contact against another person

Answer 28

battery

Question 29

a decision by a court or tribunal about a question of fact or law

Answer 29

finding

Question 30

the standard by which criminal guilt must be determined

Answer 30

beyond (a) reasonable doubt

Question 31

the fact of having committed a particular crime

Answer 31

guilt

Question 32

legal responsibility for acts or omissions (=failures to act, especially when you should have)

Answer 32

liability

Question 33

level of evidence necessary to prove a fact in court

Answer 33

standard of proof

Question 34

a punishment for breaking a rule, regulation, law or agreement etc

Answer 34

penalty

Question 35

The language of civil claims:
The claimant (UK)/plaintiff (US) \_\_\_\_\_\_ the claim (to start legal proceedings regarding a claim)

Answer 35

filed

Question 36

The defendant ______ the claim (to agree that the claim is correct)

Answer 36

conceded

Question 37

The court _____ the claim (to preside over legal proceedings regarding a claim)

Answer 37

heard

Question 38

The court _____ the claim (to end legal proceedings regarding a claim with a decision in favor of the defendant)

Answer 38

dismissed

Question 39

The court _____ the claim (to end legal proceedings regarding a claim with a decision in favor of the plaintiff)

Answer 39

awarded damages on

Question 40

The seller can request reimbursement of the damage suffered from the buyer’s failure to pay on time, for example the expenses which were necessary to _____ the claim against the buyer.

Answer 40

award damages on

Question 41

The court found in the plaintiff’s favour and _____ the claim for defamation.

Answer 41

awarded damages on

Question 42

to experience or to be subjected to something unpleasant, especially damage, a loss or an injury

Answer 42

sustain

Question 43

Today there are laws on the books which _____ certain activities which were once considered neither wrong nor unlawful.

Answer 43

proscribe

Question 44

V/F

damage =/= damages

Answer 44

When a person or property is injured, we say that he, she or it has suffered damage.
Damage should not be confused with damages, which is compensation in money for the damage suffered.

Question 45

Liability

Answer 45

To be liable (for something) means to be legally responsible for something, as in he lost his case and was found liable for damages. A liability is a legal obligation, as in he denied any liability for the damage.

Question 46

Responsibility

Answer 46

Responsibility refers to the care and consideration a person has for the outcome of their actions. It can also refer to a person’s accountability for an outcome to which their actions have contributed, together with any legal obligation they may have to repair any damage caused.