Deck 1: Introduction to Tort Law and Practice

Question 1

A remedy is a means by which a right is enforced or the violation of a right is prevented, compensated for, or otherwise redressed.

Answer 1

True

Question 2

Strict liability means ________.

A) The defendant intended the harm he or she caused.
B) The defendant carelessly caused the harm.
C) The defendant is liable whether he or she caused the harm intentionally, carelessly, or innocently.

Answer 2

C

Question 3

The approximate total annual cost to society of accidental or unintentional injuries is ________

A) $1 billion
B) $150 billion
C) $652 billion

Answer 3

C

Question 4

The two major kinds of disputes over which courts have jurisdiction are criminal disputes and civil disputes.

Question 5

Negligence is committed because a party knew with substantial certainty that harm would result.

Question 6

The primary focus of criminal law is to vindicate a private wrong. The primary focus of civil law is to vindicate a public wrong.

Question 8

A major difference between a tort case and a criminal case is that ________.

A) Only in tort cases are defendants guaranteed the right to counsel.
B) The standard of proof in most tort cases is preponderance of the evidence, whereas in criminal cases it is beyond a reasonable doubt.
C) Jury verdicts must be unanimous only in tort cases.

Question 9

A/an ________ is someone who has committed a tort.

Question 10

To state a tort cause of action, you ________.

A) Explain to the court why it has jurisdiction over the tort.
B) List the facts that give you a right to judicial relief against the wrongdoer.
C) Send the tortfeasor notice of the cause of action to be filed.

Question 11

An award of ________ is a money judgment.

Question 12

An intentional tort is committed solely because a party fails to use reasonable care.

Question 14

The two major fee-based online legal services are ________ and________.

Question 21

Name some of the categories of losses that can result from accidental or unintentional injuries.

Question 25

How do the following three categories of torts differ: intentional torts, negligence, and strict liability torts?

Question 26

Give an example of the kind of factual research you might try to do on the Internet.

Question 27

Briefly describe the four major purposes of tort law.