Kahoot Key Concepts in Tort Law

What are the four elements of a tort?

Breach of duty, duty, injury, and causation.

Can an act be both a crime and a tort?

Yes, an act can be both a crime and a tort.

Who defines most torts?

Defined by state law.

What type of tort is defamation classified as?

Intentional tort.

What is contributory negligence?

A defense to the tort of negligence.

When are punitive damages available?

Punitive damages are always available where an intentional tort has been committed.

What is the purpose of monetary damages in tort cases?

To compensate the plaintiff for the injury.

In a jury trial, who decides the issues of fact?

The jury

Is injury required to win a tort case?

You must be injured to win a tort case.

Do all torts require intent to injure?

Not all torts require that the defendant intended to injure the plaintiff.

What is the standard of proof in a civil case?

Proof by a preponderance of the evidence.

What is a subpoena?

Forces a witness to appear in court and testify.

What constitutes assault in tort law?

A tort that is a threat to cause immediate injury.

What must a defense for slander and libel show?

The defense must show that the statement is true.

What is the most common tort?

Negligence.

What would defensive brakes be classified as?

Strict liability.

Is fraud a defense to the tort of negligence?

Fraud is not a defense to the tort of negligence.

What is a converter in tort law?

Could be a thief or an innocent buyer of goods.

What must happen for a tort to occur?

A duty must be violated.

Who can sue under strict liability?

Greame may sue under strict liability.

What is an injunction?

A court order, such as the one Minnie got against Mickey.

What can a plaintiff do if the defendant does not pay after losing a case?

Enforce a writ of execution.