Chapter 6-1

Front 1

Chapter 6-1

Tort

Back 1

Private or civil wrong for which the law grants remedy

Front 2

Chapter 6-1

Questions #1-9

1) A tort is considered to be an offense against society.

Back 2

False

Front 3

2) A single act can be both a tort and a crime.

Back 3

True

Front 4

3) Degree of causation of a tort great enough to be recognized by law is called-

Back 4

Proximate cause

Front 5

4) In order to establish liability for a tort all of the following must be proved except-

Back 5

Unlawful touching

Front 6

5) An insane person cannot be held liable for a tort

Back 6

False

Front 7

6) When one party is held responsible for the tort of another the liability is called _______________ liability

Back 7

Vicarious

Front 8

7) Which of the following types of torts are based on carelessness?

Back 8

Negligence

Front 9

8) If you act recklessly but do not harm anyone there usually is no tort

Back 9

True

Front 10

9) Parents generally held liable for the torts of their children

Back 10

False

Front 11

Chapter 6-2

Intentional Torts

Back 11

Tort in which the defendant means to commit the injurious act

Front 12

Assault

Back 12

Intentional threat to physically or offensively injure another

Front 13

Battery

Back 13

Harmful or offensive touching

Front 14

False imprisonment

Back 14

Depriving a person of freedom of movement without consent and without privilege

Front 15

Defamation

Back 15

False statement that injures ones reputation

Front 16

Invasion of privacy

Back 16

Unwelcome and unlawful intrusion into ones private life as to cause outrage, mental suffering and humiliation

Front 17

Trespass to land

Back 17

To be on the land of another without right permission of the owner

Front 18

Conversion

Back 18

Using property in a manner inconsistent with the owners rights

Front 19

Negligence

Back 19

Most common tort based on carelessness

Front 20

Interference with contractual relations

Back 20

Enticing or encouraging a person to break a contract

Front 21

Fraud

Back 21

Intentional misrepresentation of an existing important fact

Front 22

Strict liability

Back 22

Holding a defendant liable without showing of negligence

Front 23

Questions 1-7

Chapter 6-2

1) An actual harmful or offensive touching is at the heart of the tort of assault

Back 23

False

Front 24

2) A person who has consented to be detained by another cannot recover for the tort of false imprisonment

Back 24

True

Front 25

3) Spoken defamation is-

Back 25

Slander

Front 26

4) An unwelcome and unlawful intrusion into ones persons life so as to cause outrage, mental suffering, or humiliation is the tort of-

Back 26

Invasion of privacy

Front 27

5) An innocent buyer of stolen goods cannot be liable for conversion since the buyer had no intent to keep the goods from their rightful owner

Back 27

False

Front 28

6) Which of the following is not a defense to negligence?

Back 28

Self defense

Front 29

7) Strict liability may exist even when a defendant was not negligence

Back 29

True

Front 30

Chapter 6-3

Damages

Back 30

Monetary award to compensate for the loss caused by a tort

Front 31

Evidence

Back 31

Materials presented to prove or disprove alleged facts

Front 32

Testimony

Back 32

Statements by witnesses under oath

Front 33

Witness

Back 33

Individuals with personal knowledge of important facts

Front 34

Subpoena

Back 34

Written court order compelling a person to appear and testify

Front 35

Verdict

Back 35

Jury's decision in a case

Front 36

Judgement

Back 36

Final results of a trial

Front 37

Questions 1-5

Chapter 6-3

1) Damages meant to punish the person who has committed a tort are called compensatory

Back 37

False

Front 38

2) Compensatory damages are also referred to as ____________ damages

Back 38

Actual

Front 39

3) A judge never determines a matter of fact

Back 39

True

Front 40

4) In a civil case, the judge renders a judgement after hearing the jury's

Back 40

Verdict

Front 41

5) Seizing a defendants's car to sell it to pay a damage award against him is know as

Back 41

Execution