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8-29-2026 - Lecture 1: Introduction to Torts 1
Fichas del conjunto (80)
- 1What constitutes a *prima facie* tort case?A case supported by sufficient legal evidence on every essential element to allow a reasonable jury to rule in the plaintiff's favor if uncontradicted.
- 2What is the function of compensatory damages in fulfilling tort law's primary goals?To make the injured plaintiff whole by financially restoring them to their original pre-injury condition.
- 3Who determines whether evidence is admissible during a tort trial?The trial judge.
- 4On what elements must a plaintiff meet the burden of production to survive a defense motion for judgment as a matter of law?Fault, causation, and damages for each cause of action.
- 5Why is self-help or vigilante justice discouraged by the establishment of tort law?Because tort law provides a structured, peaceful tribunal to adjudicate private rights and adjust disputes legally.
- 6What does it mean for tort law to 'vindicate individual rights of redress'?It provides a formal legal pathway for private individuals to enforce their rights and gain satisfaction for personal wrongs suffered.
- 7What is the 'burden of production' in a tort action?The obligation of a party to present competent evidence supporting each essential element of their claim or affirmative defense.
- 8What is the primary peaceful function of tort law regarding dispute resolution?To provide a peaceful legal mechanism for adjusting rights between parties who might otherwise take the law into their own hands.
- 9What is the legal definition of a tort?A civil wrong, other than a breach of contract, for which the law provides a remedy.
- 10When a judge decides that a jury instruction is 'warranted by the evidence,' what does this mean?Sufficient evidence was presented at trial to justify giving the jury that specific legal instruction.
- 11Why must a plaintiff plead factual allegations that constitute a recognized tort wrong?To state a legally sufficient claim upon which relief can be granted by the court.
- 12Under what condition is a defendant entitled to judgment as a matter of law during trial?When the plaintiff fails to present competent evidence on a necessary element, such that reasonable minds could not differ in favor of the defendant.
- 13What must a defendant do to satisfy the burden of production regarding an affirmative defense?Present competent evidence establishing each required element of that affirmative defense.
- 14In evaluating whether a defendant conformed to the standard of conduct, what benchmark does the jury apply?The standard of conduct required by law under the specific circumstances.
- 15How does the burden of production interact with the burden of persuasion?The burden of production is a threshold requirement to present sufficient evidence to reach the jury; once met, the burden of persuasion governs the jury's final factual determination.
- 16What are the three recognized subcategories of strict liability?1. Ultrahazardous or abnormally dangerous activities
2. Animals
3. Products - 17What is the trial judge's fundamental duty regarding legal versus factual determinations?The trial judge decides all questions of law, leaving disputed issues of fact to the jury.
- 18What essential function does the jury serve regarding legal cause under Restatement (Second) of Torts ยง 328C?The jury determines whether the defendant's conduct was a legal cause of the harm alleged by the plaintiff.
- 19Does strict liability require proof that the defendant acted carelessly?No; strict liability applies regardless of whether the defendant exercised reasonable care.
- 20How does the plaintiff satisfy the burden of persuasion at trial?By convincing the jury that the evidence on fault, causation, and damages obligates a finding in favor of the plaintiff and against the defendant on each cause of action.
- 21In a tort action, what happens if the plaintiff fails to satisfy the burden of production?The judge will rule against the plaintiff as a matter of law, preventing the issue or case from reaching the jury.
- 22Which category of tort conduct requires proving that the actor had deliberate intent to cause harm?Intentional torts.
- 23How does a motion to dismiss for failure to state a claim differ from a determination of judgment as a matter of law?A motion to dismiss tests the factual allegations in the pleadings, whereas judgment as a matter of law tests the competent evidence produced at trial.
- 24What fundamental requirement must a plaintiff satisfy when pleading a claim in the modern tort system?The plaintiff must plead allegations of fact that constitute a legally recognized wrong or tort according to the courts.
- 25What constitutes the 'ultimate issue' in a tort case submitted to a jury?The core factual dispute determining liability, legal causation, and damages required to resolve the claim.
- 26What is the compensatory goal of tort remedies for an injured party?To restore the injured party to their original pre-injury condition by compensating them for their injuries.
- 27What happens to a tort claim if the plaintiff proves fault and causation but fails to establish damages?The cause of action fails because damages are an essential, mandatory element.
- 28What legal standard does a trial judge apply to decide whether a case should be submitted to the jury?Whether reasonable minds (jurors) can differ based on the evidence as to the ultimate issue(s).
- 29In a jury trial, if the evidence allows reasonable minds to reach only one conclusion, who determines the final outcome?The trial judge, by ruling as a matter of law.
- 30In modern tort law, why is keeping dangerous or wild animals classified under strict liability?Because the inherent risk associated with such animals justifies holding the owner liable without requiring proof of negligence.
- 31According to Restatement (Second) of Torts ยง 328C, what are the four primary functions of the jury?1. Determine facts
2. Determine conformity to the standard of conduct
3. Determine legal causation
4. Determine compensation amount - 32What is the potential procedural consequence of a trial judge giving improper legal statements or jury instructions?Reversal of the trial court's judgment by a reviewing appellate court.
- 33What is the trial judge's duty regarding jury instructions?To properly instruct the jury on the applicable law by deciding which instructions are warranted by the evidence and which are not.
- 34What type of witness provides testimony regarding factual observations without requiring specialized scientific or technical expertise?A lay (fact) witness.
- 35How does tort law serve a deterrence function in society?By imposing legal liability and financial consequences on wrongful conduct to discourage parties from committing similar acts.
- 36What is the outcome if a plaintiff meets the burden of production but fails to convince the jury under the burden of persuasion?The jury will render a verdict in favor of the defendant.
- 37Which category of tort conduct applies when an actor fails to adhere to a duty of care but lacks intent to harm?Negligence.
- 38What defines 'negligence' in modern tort law?Conduct that violates some duty of care owed to others.
- 39What is the core state of mind required for intentional tort liability?Deliberate intent to bring about harm or perform the prohibited harmful act.
- 40When evaluating whether a complaint states a claim upon which relief can be granted, how must the judge treat the alleged facts?The judge must accept all facts alleged in the complaint as true.
- 41What terms are used interchangeably with recklessness to describe heightened culpability beyond negligence?Willful conduct or wanton conduct.
- 42Why is the determination of whether a legal duty exists reserved exclusively for the judge?Because duty is a legal threshold question that establishes social policies and boundaries of obligation for society.
- 43What role does the jury play when evaluating conflicting witness testimony?The jury acts as the sole factfinder to evaluate witness credibility and resolve factual disputes.
- 44What historical common law writ provided a cause of action for direct, immediate injuries?The Writ of Trespass.
- 45What defines an 'intentional tort'?Conduct that intentionally or deliberately causes harm.
- 46In what way does tort law encourage socially responsible behavior?By establishing legal standards of conduct that incentivize individuals and entities to exercise reasonable care toward others.
- 47What is the procedural purpose of the trial judge evaluating whether 'reasonable minds can differ'?To decide whether an issue presents a factual dispute for the jury or a legal issue for judicial ruling.
- 48Is the determination of whether a defendant owed a legal duty of care decided by the judge or the jury?The judge, because whether a legal duty exists is a question of law.
- 49What are the two distinct legal components of the burden of proof in a civil tort trial?1. The Burden of Production
2. The Burden of Persuasion - 50What is the primary difference between fault-based liability and strict liability?Fault-based liability requires proving intentional, reckless, or negligent wrongdoing, whereas strict liability imposes accountability without requiring proof of fault.
- 51When a defendant asserts an affirmative defense, who bears the burden of production for that defense?The defendant.
- 52When is expert testimony required to satisfy the burden of production in a tort case?When establishing fault, causation, or damages involves technical, scientific, or specialized knowledge beyond that of lay fact witnesses.
- 53Why does tort law impose strict liability for ultrahazardous or abnormally dangerous activities?Because the activity creates an inherent high risk of severe harm that cannot be eliminated even with reasonable care.
- 54What is the 'burden of persuasion' in a civil tort action?The obligation of a party to convince the jury that the evidence obligates them to find in that party's favor.
- 55If a defendant establishes all elements of an affirmative defense under the burden of persuasion, what is the jury's obligation?The jury must render a verdict in favor of the defendant on that claim.
- 56Under modern tort law, why is product liability often structured under strict liability?To ensure that manufacturers bear the cost and risk of injuries caused by defective products rather than injured consumers.
- 57How does tort law differ fundamentally from contract law?A tort is a civil wrong arising independently of a contractual agreement, whereas contract law specifically addresses breaches of voluntary agreements.
- 58What defines 'strict liability' in modern tort law?Liability imposed for harm resulting from specific activities regardless of whether the defendant acted intentionally or negligently.
- 59What requirement must be met for an error in jury instructions to warrant appellate reversal?The instruction must contain an improper statement of law or an unwarranted charge that prejudiced the case.
- 60How does tort law balance private redress with public justice?By providing individual victims a civil judicial forum to recover personal compensation while leaving criminal prosecution to the state.
- 61Under what category of tort law does harm caused by dangerous animals typically fall?Strict liability.
- 62What historical common law writ applied to indirect or consequential injuries?The Writ of Trespass on the Case.
- 63What does the phrase 'cause of action' mean in civil litigation?A factual situation that entitles a party to obtain a remedy in court against another person.
- 64What is the relationship between 'fault' and 'negligence' in modern tort law?Negligence represents a primary legal category of fault based on breaching a required standard of care.
- 65What role does expert testimony play when lay testimony alone cannot establish causation?It provides the specialized scientific or technical evidence necessary to satisfy the burden of production.
- 66What branch of strict liability holds commercial suppliers liable for injuries caused by defective goods?Products liability.
- 67What legal error occurs if a trial judge submits a case to the jury when the plaintiff has failed to establish a *prima facie* case?The judge fails to grant judgment as a matter of law when reasonable minds could not differ, creating reversible legal error.
- 68Is legal causation in a tort claim decided by the judge or the jury?The jury, as part of its factfinding role when evidence permits differing conclusions.
- 69What distinguishes a civil tort remedy from a criminal penalty?A civil tort remedy compensates the private injured victim, whereas a criminal penalty punishes the offender on behalf of the public state.
- 70What are the three core elements that comprise a cause of action in tort law?1. Fault
2. Causation
3. Damages - 71Who determines the monetary amount of compensation awarded to an injured plaintiff?The jury (factfinder).
- 72Who determines whether a party conformed to the standard of conduct required by law?The jury (factfinder), provided reasonable minds can reach different conclusions on the evidence.
- 73Can a jury decide whether a legal duty of care existed between the parties?No; determining whether a legal duty exists is strictly a question of law reserved for the trial judge.
- 74What basic standard governs whether conduct is considered negligent?Whether the conduct violated a legal duty of care owed to another.
- 75What is the primary overarching mandate of a trial judge in presiding over a tort lawsuit?To promote the administration of justice through proper legal rulings, evidence management, and jury instruction.
- 76Which entity in a civil trial determines the weight and credibility of lay witness testimony?The jury (factfinder).
- 77How does reckless conduct differ from mere negligence?Reckless conduct is conduct more than mere negligence that violates the rights and safety of others.
- 78Under Restatement (Second) of Torts ยง 328C, when does the jury act as the factfinder?In any case where different conclusions may be reached on the ultimate issue.
- 79If an actor acts with conscious disregard of a substantial risk to the rights and safety of others, how is that conduct classified?Reckless, willful, or wanton conduct.
- 80How does tort law's goal of deterrence protect public safety?By creating financial liabilities that incentivize individuals and entities to avoid dangerous or careless behavior.
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- Creado por Giovanna Minotta · 21 oct 2026
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