Tort Exam 1 (ch. 1-3)
What are some of the purposes of tort law? - Answer-Socially unreasonable conduct should be penalized
and those who are its victims should be compensated; upholds public policy/a just society/reflects
attitudes and values towards living.
What is a tort? - Answer-A civil wrong where the victim receives a remedy in the form of damages
How does the concept of reasonableness relate to tort law? - Answer-Goal of defining reasonableness is
to balance plaintiff's needs with the defendant's claim of freedom to pursue his own ends.
reasonableness is in the eye of the beholder.
What role do public policy arguments and morality play into tort law? - Answer-underlying public policy
and public morality are foundational to tort law because one must gauge what is socially acceptable to a
community in order to establish rules and make judgement fair for all.
What is a slippery slope argument, and and how does it affect court decisions? - Answer-An argument
used to prevent a flood of litigation concerning numerous similar cases. Some courts pull out the
slippery slope argument so they do not have to deal with endless cases, because it is impossible for the
courts to eradicate every single wrongdoing from society.
How do each of the following relate to tort law:
a. case law
b. statutes
c. restatement torts - Answer-a. tort law largely a product of case law, which involves case-by-case
decision making by state courts
b. case law process affected by statutes, which the courts are mandated to follow unless statutory gaps
exist that leave unanswered questions.
c. black-letter principles of tort law that acts as a guide through the maze of tort law decisions
,What are the primary differences between tort law and criminal law? - Answer-differ in terms of
interests affected (offense against individual(s) vs. offense against society), remedy granted
(compensate victim vs. vindicate the interests of society by punishing offender), standard of proof
(preponderance of the evidence vs. beyond a reasonable doubt), and procedural mechanisms (civil rules
vs. criminal rules).
What are the primary differences between tort law and contract law? - Answer-voluntariness of entering
into an agreement. tort duties are imposed by law and contracts are by parties' consent. tort obligations
are made to society and contracts to specific individuals.
Evolution of tort law - Answer-blood feuds- "eye for an eye" smallest altercations cause for death.
moot- forum in which victim pleaded case to community and community offered advice. When a
compromise was made a blood feud was avoided.
action in trespass- damage to the plaintiff was implied
trespass on the case- demanded proof. plaintiff was required to show damage defendant inflicted.
t/f. Some perceive tort liability as a tax because it puts some people out of business, makes some
products unaffordable, and hampers some governmental bodies in their delivery services - Answer-true
t/f. those who believe in the expansion of tort liability believe that tort law should protect the interests
of consumers - Answer-true
t/f. Those who argue against the expansion of tort law believe that individuals should bear the
consequences of their decisions, and that if we burden industry too much, new technological
developments will be inhibited or prohibited - Answer-true
t/f. A tort is an intentional act for which a victim receives damages - Answer-false
, t/f. The basic premise of tort law is that socially unreasonable conduct should be penalized - Answer-
true
t/f. reasonableness balances the plaintiff's need for protection against the defendant's freedom to
pursue his own ends - Answer-true
t/f. reasonableness does not depend on the perceptions of the independent determining
reasonableness - Answer-false
t/f. in some instances, a defendant can be held liable even if his conduct is reasonable - Answer-true
t/f. public policy arguments do not consider social interests because the dispute at issue is between
individuals - Answer-false
t/f. Any blatantly immoral conduct is considered a tort - Answer-false
t/f. tort law is driven exclusively by case law - Answer-false
t/f. the restatement of the law of torts attempts to provide lawyers with black-letter principles - Answer-
true
t/f. compensation is the only purpose of tort law - Answer-false
t/f. in tort law the primary goal is to punish the tortfeasor and to deter others from the same conflict -
Answer-false
t/f. an admission of guilt cannot be used against a defendant in a subsequent trial but a plea of nolo
contendere can - Answer-false
What are some of the purposes of tort law? - Answer-Socially unreasonable conduct should be penalized
and those who are its victims should be compensated; upholds public policy/a just society/reflects
attitudes and values towards living.
What is a tort? - Answer-A civil wrong where the victim receives a remedy in the form of damages
How does the concept of reasonableness relate to tort law? - Answer-Goal of defining reasonableness is
to balance plaintiff's needs with the defendant's claim of freedom to pursue his own ends.
reasonableness is in the eye of the beholder.
What role do public policy arguments and morality play into tort law? - Answer-underlying public policy
and public morality are foundational to tort law because one must gauge what is socially acceptable to a
community in order to establish rules and make judgement fair for all.
What is a slippery slope argument, and and how does it affect court decisions? - Answer-An argument
used to prevent a flood of litigation concerning numerous similar cases. Some courts pull out the
slippery slope argument so they do not have to deal with endless cases, because it is impossible for the
courts to eradicate every single wrongdoing from society.
How do each of the following relate to tort law:
a. case law
b. statutes
c. restatement torts - Answer-a. tort law largely a product of case law, which involves case-by-case
decision making by state courts
b. case law process affected by statutes, which the courts are mandated to follow unless statutory gaps
exist that leave unanswered questions.
c. black-letter principles of tort law that acts as a guide through the maze of tort law decisions
,What are the primary differences between tort law and criminal law? - Answer-differ in terms of
interests affected (offense against individual(s) vs. offense against society), remedy granted
(compensate victim vs. vindicate the interests of society by punishing offender), standard of proof
(preponderance of the evidence vs. beyond a reasonable doubt), and procedural mechanisms (civil rules
vs. criminal rules).
What are the primary differences between tort law and contract law? - Answer-voluntariness of entering
into an agreement. tort duties are imposed by law and contracts are by parties' consent. tort obligations
are made to society and contracts to specific individuals.
Evolution of tort law - Answer-blood feuds- "eye for an eye" smallest altercations cause for death.
moot- forum in which victim pleaded case to community and community offered advice. When a
compromise was made a blood feud was avoided.
action in trespass- damage to the plaintiff was implied
trespass on the case- demanded proof. plaintiff was required to show damage defendant inflicted.
t/f. Some perceive tort liability as a tax because it puts some people out of business, makes some
products unaffordable, and hampers some governmental bodies in their delivery services - Answer-true
t/f. those who believe in the expansion of tort liability believe that tort law should protect the interests
of consumers - Answer-true
t/f. Those who argue against the expansion of tort law believe that individuals should bear the
consequences of their decisions, and that if we burden industry too much, new technological
developments will be inhibited or prohibited - Answer-true
t/f. A tort is an intentional act for which a victim receives damages - Answer-false
, t/f. The basic premise of tort law is that socially unreasonable conduct should be penalized - Answer-
true
t/f. reasonableness balances the plaintiff's need for protection against the defendant's freedom to
pursue his own ends - Answer-true
t/f. reasonableness does not depend on the perceptions of the independent determining
reasonableness - Answer-false
t/f. in some instances, a defendant can be held liable even if his conduct is reasonable - Answer-true
t/f. public policy arguments do not consider social interests because the dispute at issue is between
individuals - Answer-false
t/f. Any blatantly immoral conduct is considered a tort - Answer-false
t/f. tort law is driven exclusively by case law - Answer-false
t/f. the restatement of the law of torts attempts to provide lawyers with black-letter principles - Answer-
true
t/f. compensation is the only purpose of tort law - Answer-false
t/f. in tort law the primary goal is to punish the tortfeasor and to deter others from the same conflict -
Answer-false
t/f. an admission of guilt cannot be used against a defendant in a subsequent trial but a plea of nolo
contendere can - Answer-false
