mod 1

Question 1

What is a tort?

Answer 1

A civil wrong that causes harm or injury, leading to legal liability.

Question 2

What is an intentional tort?

Answer 2

A tort where the defendant intended the act (e.g., battery, assault, false imprisonment).

Question 3

What is negligence?

Answer 3

A tort involving a breach of duty of care causing foreseeable harm, without intent.

Question 4

What is strict liability?

Answer 4

Liability imposed regardless of fault or intent, typically in cases involving abnormally dangerous activities or defective products.

Question 5

What is battery?

Answer 5

Intentional and harmful or offensive contact with another person.

Question 6

What is assault?

Answer 6

Intentional act causing reasonable apprehension of imminent harmful/offensive contact.

Question 7

What is false imprisonment?

Answer 7

Intentional, unlawful confinement of a person to a bounded area without consent.

Question 8

What is IIED?

Answer 8

Extreme and outrageous conduct intended (or reckless) to cause severe emotional distress.

Question 9

What constitutes harm/injury?

Answer 9

Physical, emotional, reputational, or property damage suffered by a plaintiff.

Question 10

What is duty in tort law?

Answer 10

The legal obligation to act with reasonable care to avoid harming others.

Question 11

What is a breach?

Answer 11

The failure to uphold a legal duty.

Question 12

What is causation?

Answer 12

A link between the defendant’s conduct and the plaintiff’s harm (actual & proximate).

Question 13

What are damages?

Answer 13

Compensation awarded to the injured party (compensatory or punitive).

Question 14

What are compensatory damages?

Answer 14

Money awarded to reimburse actual losses (e.g., medical bills, lost wages).

Question 15

What are punitive damages?

Answer 15

Money awarded to punish and deter wrongful conduct.

Question 16

What is comparative fault?

Answer 16

When both plaintiff and defendant share responsibility for the harm.

Question 17

What is a complaint?

Answer 17

The legal document that initiates a lawsuit by stating the facts and claims.

Question 18

What is an answer?

Answer 18

The defendant’s formal response to a complaint.

Question 19

What is a motion to dismiss?

Answer 19

A request to terminate a case due to a legal deficiency in the complaint.

Question 20

What is discovery?

Answer 20

Pre-trial phase where both parties gather and exchange evidence.

Question 21

What is a deposition?

Answer 21

Sworn, out-of-court testimony used to gather information during discovery.

Question 22

What is summary judgment?

Answer 22

A ruling by the court that no trial is necessary because no facts are in dispute.

Question 23

What is Alternative Dispute Resolution (ADR)?

Answer 23

Methods of resolving a case without a trial (e.g., mediation).

Question 24

What is a trial?

Answer 24

The formal presentation of evidence and arguments before a judge or jury.

Question 25

What is an appeal?

Answer 25

A request for a higher court to review the decision of a lower court.

Question 26

What are the three main types of torts?

Answer 26

Intentional torts, negligence, and strict liability.

Question 27

What elements are required to prove negligence?

Answer 27

Duty, breach, causation, and damages.

Question 28

How is strict liability different from negligence?

Answer 28

Strict liability does not require intent or fault; negligence requires a breach of duty.

Question 29

What makes conduct 'outrageous' under IIED?

Answer 29

It must go beyond all bounds of decency and be intolerable in a civilized society.

Question 30

What are the three purposes of tort law?

Answer 30

To compensate injured parties, shift loss to responsible parties, and deter wrongful conduct.

Question 31

Can punitive damages be awarded in all tort cases?

Answer 31

No, they are awarded only in cases of especially wrongful conduct to punish and deter.

Question 32

What is the role of 'comparative fault'?

Answer 32

It reduces the plaintiff’s damages in proportion to their share of responsibility for the harm.

Question 33

What happens during the discovery phase of a tort case?

Answer 33

Parties exchange evidence through requests for documents, depositions, and interrogatories.

Question 34

How does a motion for summary judgment differ from a motion to dismiss?

Answer 34

Summary judgment considers evidence and occurs later; dismissal is based on the complaint alone.

Question 35

What qualifies as a 'bounded area' in false imprisonment?

Answer 35

An area with no reasonable means of escape, physically or by threat.

Question 36

What is required to prove assault?

Answer 36

Intentional act causing reasonable apprehension of imminent harmful/offensive contact.

Question 37

In the McDonald’s coffee case, which purpose of tort law did punitive damages serve?

Answer 37

Deterring wrongful conduct.

Question 38

What kind of injuries are recoverable in IIED claims?

Answer 38

Severe emotional distress that a reasonable person could not be expected to endure; physical symptoms are helpful but not required.

Question 39

What does 'foreseeability' mean in a negligence claim?

Answer 39

The harm must be a predictable result of the defendant’s breach of duty.

Question 40

Can tort claims arise from breach of contract scenarios?

Answer 40

Yes, such as in cases of tortious interference or negligent performance.