Torts Chapter one review questions

Describe the stages of a civil lawsuit.

A civil lawsuit action begins with the filling of the complaint by the plaintiff. At the time of filing the complaint, the plaintiff requests the clerk of court to issue a summons, notifying the defendant that he/she is being sued. It is the plaintiffs responsibility to provide personal service of the complaint and summons to the defendant. The defendant then has 20 days to file an answer with the court, responding to the plaintiffs complaint. Once the legal action is commence, both parties are entitled to conduct discovery in order to "discover" the facts relevant to the case. All of these stages are intended to prepare the parties for trial, where the judge or jury (trier of fact) will hear the facts of the case. After the trial, the court reaches an opinion; a jury reaches a verdict. Either side may choose to appeal the court's decision to a higher court.

How is tort best defined? What are the three broad categories of torts? How might you define each variety?

A tort is a wrongful injury to a person or a person's property. The three broad categories of torts are: negligent actions (failure to exercise ordinary care), intentional actions (intentional acts causing injuries), and strict liability ( liability for injury regardless of negligence, intent, or fault).

What is the difference between arbitration or mediation?

Arbitration is resolution of a dispute by a third party and in many cases is binding. A mediator helps the parties to come to a reasonably agreeable settlement; the mediator does not reach a conclusion

What are intentional torts? What are examples of intentional torts?

Intentional torts are in injuries that the tortfeasor intentionally inflicts upon others or their property. Examples are battery, assault, etc.

What is negligence? How might you distinguish it from intentional torts?

Negligence is failure to ecercise due care under the circumstances. Due care is based upon what the reasonably prudent person would do in the same circumstances. Intentional torts, on the other hand, are acts that done intentionally and that result in harm to the victim.

How might you define strict (absolute) liability? What is the most important type of strict liability?

Strict liability is liability for injuring others regardless of intent, negligence, or fault. Strict liability generally arises when the activities engaged in by tortfeasor are abnormally hazardous. Products liability is the most "important" type of strict liability and the area in which litigation arises the most.

Suggest an analytically formula you might use to answer a hypothetical fact problem. In what order are the steps taken? why do you think this order is appropriate? Is each step of the technique necessary to reach the next phase?

The formula used for analyzing legal problems is IRAC. It is necessary ti first establish the issue, then address the rules of law. Applying the rules of law to the facts presented to the court helps us reach a reasoned conclusion.

Tort analysis moves from the general to the specific to the general. Why is this best suited to answering tort hypotheticals?

This method identifies the exact issue, rules of law, and conclusions in a problem by helping the reader to narrow the analytical focus.

Discuss the historical roots of tort law. from what country or countries did tort originate? How have torts changed since their inception?

Tort law originated in medieval England. In king's courts, certain causes of action and procedures were established to permit citizens to file lawsuits against those injuring them. These were called the kings writs. Old kings's writs were too broad and general to handle new conflicts in society. Specific modern torts, based on intent, fault, or absolute liability, gradually emerged to handle particular circumstances.

What are the purposes that tort law attempts to accomplish? do these objectives sometimes conflict? do they sometimes compliment one another?

Tort law protects persons and property from unjust injury by providing legally enforceable rights. The law attempts to compensate victims by holding tortfeasors accountable for the injuries they cause. This encourages a minimum standard of social conduct among members of society. These objectives compliment each other by holding tortfeasors liable, the law gives incentive for members of society to maintain appropriate standards of behavior .