TORTS
TRUE OR FALSE?
Wrongs against individuals are called crimes.
False
Wrongs against individuals are called TORTS.
TRUE OR FALSE?
The vast majority of tort cases are resolved through
settlements.
True
TRUE OR FALSE?
Tort law balances the usefulness of certain conduct
against the harm that conduct might create.
True
TRUE OR FALSE?
Torts cannot be committed by students at school.
False.
TRUE OR FALSE?

Intentional torts require that the person
intended to cause harm.
True.

The relationship of torts to crimes is
a.
b.
c.
d.
Intentional torts are generally crimes.
Misconduct causing injury is either a crime or a tort
but never both.
Negligence torts are generally crimes.
None of the above


Answer: A
Intentional torts (batter, e.g.) are generally
crimes too!

The harmed individual in a tort is called this.

The Plaintiff

The accused wrongdoer in a tort is called this.

The Defendant.

In tort law, this term means one is “responsible”
for harm done.

Liable.
Plaintiffs in tort suits are seeking a(n)
a. Waiver
b. Tort
c. Remedy
d. immunity


Plaintiffs are seeking a remedy.

What is the standard of proof in a tort suit?

Preponderance of the evidence.
TRUE OR FALSE?

Juan shakes his fist at Javier’s face and states
that Javier is going to get it. Juan has
committed a battery.

False

A threat is an assault.

This type of tort is involved when someone
unlawfully exercises control over the personal
property of another. It can also be an intentional
tort.

Conversion

What type of damages may be awarded to punish
the defendant for malicious, willful, or
outrageous injury or loss?

Punitive Damages

What are symbolic damages that show the
plaintiff was wronged even though there was not
substantial injury or loss called?

Nominal Damages
Jorie slipped and spilled his hot coffee on Tim.
Tim retaliated by throwing his lemonade on
Jorie. Jorie committed
 A. No tort
 B. Assault
 C. Battery
 D. Infliction of Emotional Distress

A
 Jorie committed NO TORT

Which of the following is a defense to intentional
torts?
 A. Consent
 B. Negligence
 C. Insanity
 D. Assumption of Risk


A; Consent
A person can get a patent on a(n)
 A. Song
 B. Book
 C. Invention
 D. Movie


C: A person gets a patent on INVENTIONS.
An invention that is in the public domain
means that
 A. Someone has the exclusive right to sell and
profit from the invention.
 B. Anyone may sell and profit from the
invention.
 C. There is a monopoly on the invention.
 D. The invention can grant the right to sell the
invention to another person.


Answer: B

Anyone may sell and profit from the invention.
Copyrights protect
 A. any expression that is registered with the
copyright office.
 B. any invention that is novel or truly new.
 C. any invention that is created.
 D. any expression that is somehow fixed (written
down or stored on a computer disk).

D
Copyrights protect any expression that has been
saved somehow.
Negligence refers to
 A. Inattentiveness
 B. Lack of care about others.
 C. Forgetfulness.
 D. Unreasonable conduct


Negligence is

D
Unreasonable conduct.

What are the four elements that have to be
proven to win for a Negligence Tort?
Duty,
 Breach,
 Causation,
 Damages

Jake, a city employee working in a manhole,
forgets to replace the cover over the street. No
one falls in. Jake has not committed negligence
because this element of negligence is missing.
 A. Duty
 B. Breach
 C. Proximate cause
 D. injury


D; Injury

This occurs when there is an unreasonable
interference with your ability to use and enjoy
your property.

Nuisance.
If the harm would not have occurred without the
wrongful act, this is
 A. Proximate cause
 B. Actual cause
 C. Cause in fact
 D. All of the above


C; Cause in Fact!

What three activities typically fall under Strict
Liability?
Dangerous Activities;
 Dangerous Animals;
 Dangerous Products

The reasonable person in tort law refers to the
 A. Typical person
 B.. Average person
 C. Idealized version of a typical, average person
 D. None of the above


C; idealized version of a typical, average
person.
Which is a consequence of holding
manufacturers strictly responsible for defective
products?
 A. Higher insurance rates
 B. More research and development
 C. Lower prices for consumers.
 D. Dangerous products


B: More Research and Development

This is an intentional tort in which one person
harms another’s reputation by false statements
made to a third party.

Defamation.

This type of property includes one’s house and
land.

Real Property.

___________may have to pay damages to a
property owner for unlawfully entering onto the
owner’s property even though no harm was done
to the property.

Trespasser.

The most commonly used legal defense to
intentional torts is ____________.

Consent.

What is a common defense when a plaintiff sues
for injury caused by a product of the
manufacturer?

Misuse of the product.

Which of the following defenses result in any
liability for the defendant?
Contributory negligence
 Comparative negligence
 Assumption of risk


B; Comparative Negligence

Are compensatory damages available in a
negligence suit?

Yes

Is incarceration available in negligence suits?

NO

Being wrongfully confined against one’s will.

False imprisonment.

A claim brought against the plaintiff by a
defendant in a civil lawsuit.

counterclaim

Money paid to a plaintiff for injuries or losses
suffered.

Damages.

Unauthorized use of another’s patent or
copyright.

Infringement

Oral statements that harm another person's
reputation

Slander.

Responsibility of care owed to others.

Duty

Divides losses based on the degree to which each
person is at fault.

Comparative negligence.

What elements are necessary to prove in strict
liability torts?

Causation and Damages only.