Torts - Midterm (Chapters 1 - 10)

Front 1

Strict liability means ________

Back 1

The defendant is liable whether he or she caused the harm intentionally, carelessly, or innocently.

Front 2

The approximate total annual cost to society of accidental or unintentional injuries is ________

Back 2

$652 billion

Front 3

To state a tort cause of action, you ________.

Back 3

List the facts that give you a right to judicial relief against the wrongdoer.

Front 4

The primary focus of criminal law is to vindicate a private wrong.

Back 4

False

Front 5

An intentional tort is committed solely because a party fails to use reasonable care.

Back 5

False

Front 6

Negligence is committed because a party knew with substantial certainty that harm would result.

Back 6

False

Front 7

A major difference between a tort case and a criminal case is that _______

Back 7

The standard of proof in most tort cases is preponderance of the evidence, whereas in criminal cases it is beyond a reasonable doubt.

Front 8

The spectrum of foreseeability

Back 8

covers a range from highly unusual to a certainty

Front 9

Which factors are not used in an assessment of the foreseeability of an event?

Back 9

legal research

Front 10

When you ask whether someone should have known something, you are applying an objective standard.

Back 10

True

Front 11

When you ask whether someone actually knew something, you are applying a subjective standard.

Back 11

True

Front 12

An objective standard exists when something is measured by what a particular person actually knew, felt, or did.

Back 12

False

Front 13

The reasonable person test is an objective standard

Back 13

True