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Torts
Introduction
45
Law
Professional
04/30/2012
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Term
In the word "jurisprudence" what does "juris" means what?
 Definition
Law
Term
Prudence means what?
 Definition
Philosophy
Term
What are the three types of torts?
 Definition
  • Intentional
  •  Negligence
  • Liability without fault
Term
Where someone either has a desire or knows with substantial certainty that a particular result will occur is what type of tort?
 Definition
Intentional
Term
Which type of tort has the highest level of fault?
 Definition
Intentional
Term
"I want to hurt you," is what type of tort?
 Definition
Intentional
Term
Where someone fails to act like a reasonable and prudent person and not necessarily wanting to hurt someone else, person or property, is what type of tort?
 Definition
Negligence
Term
You drive a new car 20 MPH over the speed limit wanting to see how it handles. When you reach down to adjust the radio you take your eyes off the road and a dog runs out in front of you. In trying to avoid hitting the dog you swerve and hit a parked car. What type of tort would this be?
 Definition
Negligence
Term
Conduct that creates an unreasonable or unacceptable risk of harm is what type of tort?
 Definition
Liability without fault.
Term
Which type of tort is also known as strict or absolute?
 Definition
Liability without fault.
Term
Engaging in abnormally dangerous activity which cannot be done with complete safety is what type of tort?
 Definition
Liability without fault.
Term
Blasting with dynamite is an example of what type of tort?
 Definition
Liability without fault.
Term
Having wild or domestic animals with known dangerous propensities under your control that may harm another is what type of tort?
 Definition
Liability without fault.
Term
Manufacturing or selling a defective product that gets into the mainstream of commerce and someone who purchases it gets hurt is what type of tort?
 Definition
Liability without fault.
Term
If you buy a can of beans from a local grocery store and find that there was a piece of glass inside that cut your gum after you started to eat it is an example of what type of tort?
 Definition
Liability without fault.
Term
If you buy a can of beans from a local grocery store and find that there was a piece of glass inside that cut your gum after you started to eat it, would you sue the manufacturer or the seller?
 Definition
The seller. They are held strictly liable for selling the beans which are defective. They can in turn sue the manufacturer.
Term
Is a crime a social harm or an individual harm?
 Definition
Social harm.
Term
Is a tort a social harm or an individual harm?
 Definition
Individual harm.
Term
Criminal prosecutions are brought in the name of who?
 Definition
The state.
Term
Tort actions are brought in the name of who?
 Definition
The plaintiff.
Term
When you see "Jones v. Smith" is this a criminal or a civil action?
 Definition
Civil action.
Term
If you see "Jones v. Smith" does it tell you whether it's a tort case or a contract action?
 Definition
It could be either one.
Term
Someone rear ends you on the freeway and you get a broken leg. He is issued a citation for speeding and following too close. Will the court order him to pay for your damages?
 Definition
No. You will have to bring a civil action against the offender on your own.
Term
Whenever both civil and criminal action can be taken against a person, which one will normally come first?
 Definition
Criminal action.
Term
Whenever both civil and criminal action can be taken against a person, criminal action will normally come first. Why?
 Definition
To protect the integrity of the criminal case.
Term
In a criminal action, who has the burden of proof?
 Definition
The prosecution.
Term
In a criminal action, does the prosecution have to prove each and every element of the crime or only the majority of the elements?
 Definition
Each and every element.
Term
In a criminal action, does the accused have any obligation to prove their innocence?
 Definition
No
Term
If the defendant asserts an affirmative defense or privilege, the majority rule in either a criminal or a civil trial says he must prove his defense to what degree?
 Definition
By a preponderance of the evidence.
Term
In a civil case who has the burden of proof?
 Definition
The plaintiff.
Term
Are cases appealed on facts or law?
 Definition
Law
Term
When cases are appealed on law, what are two reasons why?
 Definition
The judge decided or applied the law wrong, or he gave bad jury instructions.
Term
For criminal law, what is the degree of proof needed?
 Definition
Beyond a reasonable doubt.
Term
For criminal law, what is the percentage of certainty needed?
 Definition
90-95 percent.
Term
Is "beyond a reasonable doubt" the same as absolute?
 Definition
No
Term
Is "beyond a reasonable doubt" the same as beyond a shadow of a doubt?
 Definition
No
Term
Are all things possible?
 Definition
Yes
Term
Are all things probable?
 Definition
No
Term
For civil law, what is the degree of proof needed?
 Definition
By a preponderance of the evidence.
Term
For civil law, what is the percentage of certainty needed?
 Definition
50 percent plus.
Term
By a preponderance of the evidence can be interpreted to mean what?
 Definition
More likely than not, it happened.
Term
When writing an analysis for either a criminal case or a civil action, such as battery, if you can prove each and every element, you would then say what?
 Definition
Barring any defenses, the defendant will be liable for battery.
Term
If a judge cannot make up his mind who to believe, he has to find for who?
 Definition
The defendant.
Term
Liability without fault is also known as what?
 Definition
Strict or absolute.
Term
What are the three forms of liability without fault?
 Definition
Engaging in abnormally dangerous activity, Having wild or domestic animals that harm another, and Making or selling defective products that harm another.
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