Exam 2

Question 1

Tort

Answer 1

Intentional
Negligent
Strict liability
Product liability

Question 2

Burden of proof Civil

Answer 2

About more than 50% reasonable doubt

Question 3

Burden of proof criminal

Answer 3

Beyond a reasonable doubt

Question 4

Assault

Answer 4

Intentional
Conduct
Produces fear
Fear
immediate harm
Produces injury

Question 5

Battery

Answer 5

Intent
Act
Harmful
Injury

Question 6

3 defenses against assault and battery

Answer 6

Consent
Justification
Legal excuse

Question 7

Conversion

Answer 7

Theft - civil

Question 8

Defamation

Answer 8

Intentional act resulting in injury usually mental

Question 9

Defense against Defamation

Answer 9

Truth
1at amendment
Conditional privileges

Question 10

Conditional privileges defense

Answer 10

“Seeking truth”

Question 11

Invasion of privacy

Answer 11

Unreasonable intrusion into the seclusion of other
Appropriation of likeness of other
Casting another in a false light
Public disclosure of private info

Question 12

Nuisance

Answer 12

Intentional act of unreasonable interference with another’s use of real property

Question 13

5 business tort

Answer 13

Interference with contractual/business relationship
Fraud
Disparagement
Appropriation

Question 14

Disparagement

Answer 14

Defamation of a company/product

Question 15

Elements to sue

Answer 15

A duty
Trachea
Cause
Damage

Question 16

Legal duty to help with these criteria

Answer 16

License/certificate
Cause the person to be in peril
Special relationship

Question 17

Cause in fact

Answer 17

But for test

Question 18

Proximate cause

Answer 18

Legal

Question 19

4 comps of damage

Answer 19

Medical bills
Property damage
Pain and suffering
Loss of wages

Question 20

Discovery

Answer 20

Second step - Avoid surprised and preserve testomonies

Question 21

Motion for summary judgement

Answer 21

no genuine issue of facts so Court can decide case
before trial based on agreed facts and affidavits instead of a full trial

Question 22

Motion in limine

Answer 22

motion to limit, keeps out irrelevant/prejudicial facts

Question 23

Pre-Trial

Answer 23

3rd step

Question 24

Burden of proof in a civil case

Answer 24

“by a preponderance of the evidence” (majority)

Question 25

Motion for Directed verdict

Answer 25

final binding determination on the merits of the case made by the judge before the jury renders a verdict

Question 26

Reverse and remand

Answer 26

overturn and send back to trial court

Question 27

Reverse and render

Answer 27

–overturn and substitute new judgment

Question 28

Appeal

Answer 28

5th step

Question 29

Pleading

Answer 29

1st step

Question 30

Voir dire

Answer 30

: an examination by the attorneys of the potential jurors

Question 31

5 activities of Strict Liability

Answer 31

Wild animals explosives impounding water pesticides