Module 4 Tort Law Flashcards Preview

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Flashcards in Module 4 Tort Law Deck (10)
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1

What is tort?
a) An intentional act that results in physical injury to another person or to property and for which the perpetrator must be punished.
b) A wrongful act that results in injury to another's person, property, or reputation, and for which that person is entitled to some kind of compensation.
c) A malicious act that results in emotional and physical injury to another person or property and for which the perpetrator must pay a fine.

b) A wrongful act that results in injury to another's person, property, or reputation, and for which that person is entitled to some kind of compensation.

2

What is fault?
a) A person, company or organization is deemed to be responsible for an error or defect of judgment or of conduct.
b) A person, company or organization admits to having caused an error or injury.
c) A person, company or organization agrees to accept responsibility for a negative outcome, regardless of whether or not the person or organization is actually responsible.

a) A person, company or organization is deemed to be responsible for an error or defect of judgment or of conduct.

3

What is burden of proof?
a) The requirement to prove you are innocent.
b) The requirement to prove a case.
c) The requirement to prove you have told the truth?

b) The requirement to prove a case.

4

What is res ipsa loquitur?
a) The plaintiff should have known better.
b) The plaintiff knew the risks and assumed the risks.
c) The facts speak for themselves, in other words a situation is obvious.

c) The facts speak for themselves, in other words a situation is obvious.

5

What is one difference between Tort law and Criminal law?
a) Under tort law, only two parties are involved. Under criminal law, more than two parties can be involved.
b) Under tort law, the parties are not adversarial. Under criminal law, the parties are adversarial.
c) Under tort law the action is between two individuals or entities. Under criminal law the action is between the state and an individual or entity.

c) Under tort law the action is between two individuals or entities. Under criminal law the action is between the state and an individual or entity.

6

What is one requirement for a successful court action under tort law?
a) It must be proven that the defendant owed the plaintiff a duty of care.
b) It must be proven that the defendant maliciously did something wrong.
c) It must be proven that the defendant intended to do something wrong.

a) It must be proven that the defendant owed the plaintiff a duty of care.

7

What is a public nuisance?
a) An act or omission that is committed in a public space.
b) An act or omission that affects the lives, safety or conduct of the public or a section of the public.
c) An act or omission that causes damage to public property.

b) An act or omission that affects the lives, safety or conduct of the public or a section of the public.

8

What is negligence?
a) Negligence occurs when one party acts maliciously and this results in harm to another party or their property.
b) Negligence occurs when one party acts in a manner that is unreasonable and below expected standards and it results in harm to another party or their property.
c) Negligence occurs when one party acts in a manner that breaches a Code of Conduct or a Code of Ethics and this results in harm to another party or their property.

b) Negligence occurs when one party acts in a manner that is unreasonable and below expected standards and it results in harm to another party or their property.

9

What is trespass to land?
a) It involves the unauthorized entry onto a property.
b) It involves authorized and unauthorized entry onto a property.
c) It involves damages that occur to a property as a result of authorized or unauthorized entry.

a) It involves the unauthorized entry onto a property.

10

What is one question that is considered by the court when reviewing the required standard of care in a negligence case?
a) How qualified is the defendant?
b) How experienced is the defendant?
c) How likely was any damage to occur?

c) How likely was any damage to occur?