Tort Law Quiz 1

Tort

A civil wrong where a victim is compensated in damages for injuries suffered.

Private necessity

A valid defense when harming another's property to protect one's own interests or those of a few other people because there was no less damaging way to prevent the harm; reimbursement is required for substantial harm.

Three main types of torts

Intentional torts, negligence, and strict liability.

Tresspass to land

What tort is this an example of?: Bob shoots a gun and the bullet goes onto bills land?

Summary judgment

A motion stating no material facts are at issue and the case should be decided as a matter of law.

Motion in limine

A litigation tool to resolve an evidentiary issue before trial to keep it from the jury.

Conversion

The tort committed when a bullet Bob fires hits hay in Bill's barn, causing it to burn down.

Verified complaint

Contains a sworn statement that the plaintiff has read the complaint and it is true to the best of their knowledge.

Jurisdiction

The authority of a court to hear a case, which must be stated in a complaint.

Burden of Proof is a tort case vs. criminal case

Torts require a preponderance of the evidence; crimes require proof beyond a reasonable doubt.

Filing a complaint

Done in a court with jurisdiction over the defendant if a demand letter fails to resolve the claim.

Demand letter

Sent before initiating a complaint to detail claim reasons and settlement expectations.

Fresh pursuit

If one uses force to regain possession of chattels, they must be able to prove that they were in ____ _______

law

In contract law, the relevant duties are created by the parties' consent, while in tort law, the relevant duties are imposed by ____ .

Assault awareness

A plaintiff alleging assault must be aware of the threatened contact.

Transferred intent

Liability applies if the tortfeasor intends to shoot A but hits B instead.

Reasonable force for chattels

The level of force used to regain possession of chattels must be proven reasonable.

Public necessity

No reimbursement is required where the defense ___ is proven.

Motion to dismiss (Rule 12(b)(6))

A motion for failure to state a claim upon which relief can be granted.

Tort law vs. criminal law focus

Tort law emphasizes individual interest violations; criminal law emphasizes society interest violations.

Default judgment

Obtained if a defendant fails to take any action in opposition to a served complaint.

Discovery

Requesting and producing information to the opposing party prior to trial.

Deadly force for home defense; When it is allowed?

Allowed only when immediately necessary to prevent death or serious bodily harm.

False imprisonment

Occurs when someone is arrested without probable cause.

Using deadly mechanical force for protection

A property owner is not liable only if justified in using that degree of force if present.

Relief sought

Must be specified in a tort complaint.

Public necessity defense

Valid when harming property to prevent disaster to a community or substantial number of people.

Voluntary consent, not under duress or pressure to say it was consenual

What is required for consent to be used as a defense in general?

Capacity to give consent

What is required for consent to be a defense to battery?

Slippery-slope argument

Warns that accepting an argument will allow innumerable similar undesirable outcomes.

Public policy concerns

Based on the cornerstones of justice, fairness, and equality.

Motion to compel

Filed when the opposing party refuses to produce requested, relevant discovery information.

Intentional infliction of mental distress

Requires proving the defendant's conduct was extreme and outrageous.

Assault

Illustrated by threatening to have a threatening-looking dog attack someone.

Battery

An intentional infliction of harmful or offensive contact.

Wrongfully taken

If one uses force to regain possession of chattels, they must be able to prove that the property was ________ _____.

Battery

The plaintiff is not required to have awareness of contact at the time it occurs for a viable claim of ______ to exist.

lesser degree

A person can use deadly force to defend theri home only when they beleive no ______ degree of force was sufficient to prevent the harm

Self-defense

Using reasonable force to protect oneself or another against imminent harm.