Exam 1: Overview of Tort Law

A tort is considered an offense against society.

Issues of morality cannot be taken into consideration in tort law.

A(n) requires proof that the defendant used force directly on the plaintiff or the plaintiff's property, while a(n) requires no showing of force and can be sustained even where an injury was inflicted indirectly.

In barbaric societies, the process used to remedy a wrong suffered by a member of the clan was by means of a .

A tort is a civil wrong in which a victim is compensated in the form of damages for the injuries he or she suffers.

Give a counterargument to the argument you presented in question 1.

In what sense have we come full circle in tort law in terms of assigning fault?

An action in trespass requires a showing of blameworthiness or fault on the part of the defendant while a trespass on the case does not.

A plaintiff in a trespass on-the-case action must show injury and damage.

is a tort in which no fault or intent must be shown.

In tort law duties are imposed by law rather than by being voluntarily assumed by the parties.

arose as a cause of action as more traffic-related cases came before the courts.

In tort law, it is the interest that has been violated, while in criminal law, it is interest that has been violated.

Whether conduct is reasonable is sometimes difficult to determine.

The ideas of justice, fairness, and equality are the cornerstones of public policy concerns.

The plaintiff has the burden of proving his or her case by a preponderance of the evidence.

In tort law, the obligations owed are owed to , while in contract law, any obligations owed are owed to .

What are two differences between an action in trespass and a trespass on the case?

The purpose of the blood feud in early societies was compensation for the victim.

What is one argument regarding the allocation of risks in reference to tort law?