CLEET - LAW - 02 - Civil Liability /
Process Question and answers
already passed 2025/2026
Distinguish between a tort and a crime. ( page 1 ) - correct answer ✔Tort is civil and crime is criminal
Distinguish between the burden of proof required in a civil case and that required in a criminal matter.
( page 2 ) - correct answer ✔Civil only requires a preponderance of proof (51%): they probably are
responsible
Criminal requires BEYOND REASONABLE DOUBT: There is very little doubt that the suspect is guilty.
Identify the elements needed to show negligence. ( page 3 ) - correct answer ✔Defendant had a duty
to act and breached it, cause actual or proximate, resulting in damage or injury
Identify the elements needed to show an intentional tort ( page 4 ) - correct answer ✔Outside scope of
employment. Applies to employees only
Identify the elements needed to show a constitutional tort. ( page 5 ) - correct answer ✔Violation of
constitutional rights, under color of law, with damages
Identify the common defenses against charges of a tort. ( page 7 ) - correct answer ✔Technical
Defenses - Improper service, improper venue, lack of jurisdiction, statute of limitations based on state
law ( 2 years )
Substantive defenses - Failure to state a claim or absolute immunity
Process Question and answers
already passed 2025/2026
Distinguish between a tort and a crime. ( page 1 ) - correct answer ✔Tort is civil and crime is criminal
Distinguish between the burden of proof required in a civil case and that required in a criminal matter.
( page 2 ) - correct answer ✔Civil only requires a preponderance of proof (51%): they probably are
responsible
Criminal requires BEYOND REASONABLE DOUBT: There is very little doubt that the suspect is guilty.
Identify the elements needed to show negligence. ( page 3 ) - correct answer ✔Defendant had a duty
to act and breached it, cause actual or proximate, resulting in damage or injury
Identify the elements needed to show an intentional tort ( page 4 ) - correct answer ✔Outside scope of
employment. Applies to employees only
Identify the elements needed to show a constitutional tort. ( page 5 ) - correct answer ✔Violation of
constitutional rights, under color of law, with damages
Identify the common defenses against charges of a tort. ( page 7 ) - correct answer ✔Technical
Defenses - Improper service, improper venue, lack of jurisdiction, statute of limitations based on state
law ( 2 years )
Substantive defenses - Failure to state a claim or absolute immunity
