BLAW 356 - TEST QUESTIONS AND
ANSWERS
Finish the phrase: " All crimes are torts..." - ANSWER>>"but not all torts are
crimes"
What is a Tort? - ANSWER>>- Torts are private
- They are civil wrongs committed against a person
- a wrongful act or an infringement of a right (other than under contract)
leading to civil legal liability.
"public nuisance is a crime as well as a tort"
What would a tort lawsuit be for? - ANSWER>>- Persons who are injured
by a tort (a wrong) can sue their aggressor for damages; would be a lawsuit
for damages
What are injuries in tort? - ANSWER>>1) Physical Injury (medical)
2) Loss of Pay (wages)
3) Intangibles (privacy, emotional distress, reputation, cannot be seen)
What are punitive damages? - ANSWER>>- "to punish"
- LA: only by statute, by contact
Can criminal behavior give rise to a tort, tort like behavior, and/ or tort
liability? - ANSWER>>- Yes, sometimes
- EX:
Victim sues aggressor for injuries sustained during tort of battery
Why aren't there more civil suits attached to or following criminal
prosecutions? - ANSWER>>- Because those defendants are "judgement
proof"
Burden of Proof (BOP) in a Tort Case - ANSWER>>- "preponderance of
the evidence"
, - Is the greater weight of the evidence on the plaintiff's side?
- need 51%
What does it mean to be intentional in a tort case? - ANSWER>>-
Wrongdoer desired or intended the outcome on his part; or knew that the
outcome was certain to occur (either desired it to occur, or knew it would
occur)
What does the tort of battery entail? - ANSWER>>- The least touching to a
person's body; harmful or offensive contact; injurious or unpleasant
physical contact
EX: brushing against someone's arm, BUT for it to be a tort, there needs to
be intent
In a Battery Tort, does the defendant HAVE to touch the plaintiff's body? -
ANSWER>>- NO
- Defendant does not necessarily have to touch the plaintiff's person or
body
- Defendant can grab: purse, dog leash, bag
- Still constitutes the tort of battery...
- Does not necessarily have to be hurt when object was grabbed on person
(injuries make stronger case though)
Is it considered a tort of battery if the defendant kicks the plaintiff's dog that
is on a leash? - ANSWER>>- YES
- extension of the person still counts as battery tort
Can consent be used as a defense to a tort? - ANSWER>>- YES
- hard to prove
- especially considering injuries
How is consent used to defend against a tort case? - ANSWER>>- must be
freely given
- must be intelligently given
- can be "inferred" by voluntary participation
ANSWERS
Finish the phrase: " All crimes are torts..." - ANSWER>>"but not all torts are
crimes"
What is a Tort? - ANSWER>>- Torts are private
- They are civil wrongs committed against a person
- a wrongful act or an infringement of a right (other than under contract)
leading to civil legal liability.
"public nuisance is a crime as well as a tort"
What would a tort lawsuit be for? - ANSWER>>- Persons who are injured
by a tort (a wrong) can sue their aggressor for damages; would be a lawsuit
for damages
What are injuries in tort? - ANSWER>>1) Physical Injury (medical)
2) Loss of Pay (wages)
3) Intangibles (privacy, emotional distress, reputation, cannot be seen)
What are punitive damages? - ANSWER>>- "to punish"
- LA: only by statute, by contact
Can criminal behavior give rise to a tort, tort like behavior, and/ or tort
liability? - ANSWER>>- Yes, sometimes
- EX:
Victim sues aggressor for injuries sustained during tort of battery
Why aren't there more civil suits attached to or following criminal
prosecutions? - ANSWER>>- Because those defendants are "judgement
proof"
Burden of Proof (BOP) in a Tort Case - ANSWER>>- "preponderance of
the evidence"
, - Is the greater weight of the evidence on the plaintiff's side?
- need 51%
What does it mean to be intentional in a tort case? - ANSWER>>-
Wrongdoer desired or intended the outcome on his part; or knew that the
outcome was certain to occur (either desired it to occur, or knew it would
occur)
What does the tort of battery entail? - ANSWER>>- The least touching to a
person's body; harmful or offensive contact; injurious or unpleasant
physical contact
EX: brushing against someone's arm, BUT for it to be a tort, there needs to
be intent
In a Battery Tort, does the defendant HAVE to touch the plaintiff's body? -
ANSWER>>- NO
- Defendant does not necessarily have to touch the plaintiff's person or
body
- Defendant can grab: purse, dog leash, bag
- Still constitutes the tort of battery...
- Does not necessarily have to be hurt when object was grabbed on person
(injuries make stronger case though)
Is it considered a tort of battery if the defendant kicks the plaintiff's dog that
is on a leash? - ANSWER>>- YES
- extension of the person still counts as battery tort
Can consent be used as a defense to a tort? - ANSWER>>- YES
- hard to prove
- especially considering injuries
How is consent used to defend against a tort case? - ANSWER>>- must be
freely given
- must be intelligently given
- can be "inferred" by voluntary participation
