Torts, exam 1 Practice Questions and
Answers (100% Pass)
A remedy is a means by which a right is enforced or the violation of a right
is prevented, compensated for, or otherwise redressed - Answer✔️✔️-true
The primary focus of criminal law is to vindicate a private wrong. The
primary focus of civil law is to vindicate a public wrong - Answer✔️✔️-False
An intentional tort is committed solely because a party fails to use
reasonable care - Answer✔️✔️-False
Primary authority is any law on which the court could rely to reach its
decision - Answer✔️✔️-True
To state a tort cause of action, you __________. - Answer✔️✔️-list the facts
that give you a right to judicial relief against the wrongdoer
Which of the following are three examples of primary authority? -
Answer✔️✔️-statutes, ordinances, and constitutions
IRAC stands for __________. - Answer✔️✔️-issue, rule, analysis, conclusion
Tort - Answer✔️✔️-A civil wrong that causes injury or other loss for which
our legal system deems it just to provide remedy such as damages. Injury
or loss can be to the person, moveable property or to land nd anythihng on
the land
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Remedy - Answer✔️✔️-is a means by which the enforcement of a right is
sought ot the violation of a right is prevented, compensated for or
otherwise redressed
Cause of action - Answer✔️✔️-a legally acceptable reason for bringing a suit
Tortfeasor - Answer✔️✔️-wrongdoer that has committed the tort
Elements - Answer✔️✔️-A portion of a rule that is one of the preconditions
of the applicability of the entire rule
Negligence - Answer✔️✔️-is the faliure to use reasobable care that an
ordinary prudent person would have used in a similar situation, resulting
in injury or loss
Proximate Cause - Answer✔️✔️-is a cause that is legally sufficient to impose
liabiloty for the result of ones wrongful ommisions
Actual Cause - Answer✔️✔️-answers the question or who was the cause in
fact of the harm or other loss
uses two tests
but-for-test (one alleged person & Substantial Factor (two alleged persons)
Legal Cause - Answer✔️✔️-answers the questions of whether the harm or
other liss was the foreseeable consequence of the original risk
Primary Authority - Answer✔️✔️-is any law a court coud rely on in reaching
a decision
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