Deck 1: Overview of Tort Law

Question 1

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

Answer 1

Strict liability

Question 2

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

Answer 2

True

Question 3

Without question, those who create risks should bear the burden of injuries they create rather than those who fall prey to such injury.

Answer 3

False

Question 4

Whether conduct is reasonable is sometimes difficult to determine.

Question 5

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

Question 6

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

Question 7

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

Question 8

The Restatement is a set of guidelines created by the courts.

Question 9

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

Question 10

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

Question 11

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.

Question 12

We have come full circle in tort law in the sense that we began with the cause of action of , which required no fault, and in modern times we have the cause of action of , which also requires no showing of fault.

Question 13

A tort is considered an offense against society.

Question 14

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.

Question 15

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

Question 16

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

Question 17

"Slippery slope" arguments reflect administrative concerns of courts.

Question 18

A tort must be proved by a preponderance of evidence while a crime must be proved _.

Question 19

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

Question 20

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

Question 21

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

Question 22

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

Question 23

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

Question 24

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

Question 25

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

Question 26

When is reasonableness of conduct not relevant in a tort case?

Question 27

Most states have retained trespass on the case as a cause of action today.