Paralegal Studies Exam Revision| Torts|
Complete Questions and Answers|
2025/2026
What is the purpose of a complaint in civil procedure?
A complaint is the initial document filed in a lawsuit that sets forth the plaintiff's allegations
and the legal claims against the defendant.
What is a summons in civil procedure?
A summons is a document issued by the court that notifies the defendant of the lawsuit and
orders them to respond to the complaint within a specified time.
What is the discovery process in civil litigation?
Discovery is the pre-trial process where both parties exchange evidence, take depositions,
and request documents to build their cases.
What is a deposition, and why is it important?
A deposition is a sworn, out-of-court statement by a witness or party, which can be used to
gather information, test credibility, and preserve testimony for trial.
What is a motion for summary judgment?
1
, A motion for summary judgment asks the court to rule in favor of one party because there are
no genuine issues of material fact, making a trial unnecessary.
What is the standard of proof in a civil lawsuit?
The standard of proof in a civil lawsuit is "preponderance of the evidence," meaning the
evidence must show that it is more likely than not that the claims are true.
What is the purpose of a counterclaim in civil litigation?
A counterclaim is a defendant's response to a plaintiff’s complaint, asserting their own legal
claims against the plaintiff.
What is a tort in legal terms?
A tort is a wrongful act or infringement of a right (other than under a contract) leading to
legal liability.
What are the three main categories of torts?
The three main categories of torts are intentional torts, negligence, and strict liability.
What is the difference between an intentional tort and negligence?
An intentional tort involves deliberate actions to harm someone, while negligence results
from a failure to exercise reasonable care, leading to harm.
What is battery in tort law?
2
, Battery is the intentional and harmful physical contact with another person without consent.
What is assault in tort law?
Assault is an intentional act that causes a reasonable apprehension of imminent harmful or
offensive contact.
What is the doctrine of respondeat superior?
Respondeat superior is a legal doctrine holding employers liable for the actions of employees
performed within the scope of their employment.
What is the difference between compensatory and punitive damages?
Compensatory damages are awarded to compensate for actual loss or injury, while punitive
damages are awarded to punish the defendant and deter future misconduct.
What are the elements of a negligence claim?
The elements of negligence are duty, breach of duty, causation (both actual and proximate),
and damages.
What is comparative negligence?
Comparative negligence is a legal doctrine that reduces the plaintiff's recovery in proportion
to their own fault in causing the injury.
What is contributory negligence?
3
, Contributory negligence is a defense that bars the plaintiff from recovering damages if they
are found to be at least partially responsible for the injury.
What is strict liability in tort law?
Strict liability holds a party responsible for damages caused by their actions, regardless of
fault or intent, especially in cases involving hazardous activities or defective products.
What is a negligence per se claim?
A negligence per se claim arises when a defendant violates a statute or regulation, and the
violation directly causes the harm that the statute was designed to prevent.
What is defamation, and what are the two types?
Defamation is the act of making false statements about a person that damage their reputation.
The two types are slander (spoken) and libel (written).
What is the statute of limitations for personal injury claims?
The statute of limitations is the time period within which a personal injury claim must be
filed, typically ranging from one to several years depending on the jurisdiction.
What is product liability in tort law?
Product liability refers to holding manufacturers, distributors, or retailers responsible for
injuries caused by defective products.
4
Complete Questions and Answers|
2025/2026
What is the purpose of a complaint in civil procedure?
A complaint is the initial document filed in a lawsuit that sets forth the plaintiff's allegations
and the legal claims against the defendant.
What is a summons in civil procedure?
A summons is a document issued by the court that notifies the defendant of the lawsuit and
orders them to respond to the complaint within a specified time.
What is the discovery process in civil litigation?
Discovery is the pre-trial process where both parties exchange evidence, take depositions,
and request documents to build their cases.
What is a deposition, and why is it important?
A deposition is a sworn, out-of-court statement by a witness or party, which can be used to
gather information, test credibility, and preserve testimony for trial.
What is a motion for summary judgment?
1
, A motion for summary judgment asks the court to rule in favor of one party because there are
no genuine issues of material fact, making a trial unnecessary.
What is the standard of proof in a civil lawsuit?
The standard of proof in a civil lawsuit is "preponderance of the evidence," meaning the
evidence must show that it is more likely than not that the claims are true.
What is the purpose of a counterclaim in civil litigation?
A counterclaim is a defendant's response to a plaintiff’s complaint, asserting their own legal
claims against the plaintiff.
What is a tort in legal terms?
A tort is a wrongful act or infringement of a right (other than under a contract) leading to
legal liability.
What are the three main categories of torts?
The three main categories of torts are intentional torts, negligence, and strict liability.
What is the difference between an intentional tort and negligence?
An intentional tort involves deliberate actions to harm someone, while negligence results
from a failure to exercise reasonable care, leading to harm.
What is battery in tort law?
2
, Battery is the intentional and harmful physical contact with another person without consent.
What is assault in tort law?
Assault is an intentional act that causes a reasonable apprehension of imminent harmful or
offensive contact.
What is the doctrine of respondeat superior?
Respondeat superior is a legal doctrine holding employers liable for the actions of employees
performed within the scope of their employment.
What is the difference between compensatory and punitive damages?
Compensatory damages are awarded to compensate for actual loss or injury, while punitive
damages are awarded to punish the defendant and deter future misconduct.
What are the elements of a negligence claim?
The elements of negligence are duty, breach of duty, causation (both actual and proximate),
and damages.
What is comparative negligence?
Comparative negligence is a legal doctrine that reduces the plaintiff's recovery in proportion
to their own fault in causing the injury.
What is contributory negligence?
3
, Contributory negligence is a defense that bars the plaintiff from recovering damages if they
are found to be at least partially responsible for the injury.
What is strict liability in tort law?
Strict liability holds a party responsible for damages caused by their actions, regardless of
fault or intent, especially in cases involving hazardous activities or defective products.
What is a negligence per se claim?
A negligence per se claim arises when a defendant violates a statute or regulation, and the
violation directly causes the harm that the statute was designed to prevent.
What is defamation, and what are the two types?
Defamation is the act of making false statements about a person that damage their reputation.
The two types are slander (spoken) and libel (written).
What is the statute of limitations for personal injury claims?
The statute of limitations is the time period within which a personal injury claim must be
filed, typically ranging from one to several years depending on the jurisdiction.
What is product liability in tort law?
Product liability refers to holding manufacturers, distributors, or retailers responsible for
injuries caused by defective products.
4
