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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions
What is the difference between a jury trial and a bench trial?
Describe the voir dire process and distinguish between challenges for cause and peremptory challenges.
What is charging the jury and how important is it?
What is the purpose of each of the following?a. opening statementsb. closing argumentsc. direct examinationd. cross-examinatione. moving for a directed verdictf. charging the jury
What is the difference between a general and a special verdict?
What options do parties have after trial?
True Or False Before an attorney can file a complaint, they must determine whether the legal elements of a claim have been met.
True Or False A plaintiff can select any court in which to file a complaint based solely on convenience.
True Or False The amount of detail required in a complaint is dictated by the statutes in the state in which the complaint is filed.
True Or False A complaint must specify the relief being sought by the plaintiff.
True Or False In all states a verification must be submitted along with a complaint.
True Or False Interrogatories are very useful because they are answered by a party without any assistance from counsel.
True Or False Once a party admits a fact in a request for admission, that matter is conclusively established and cannot be argued at trial.
True Or False Under the Federal Rules of Civil Procedure, if a party fails to respond to requests for admission, those matters are deemed admitted.
True Or False A motion in limine exists to determine if certain evidence will confuse the jury.
True Or False In a jury trial, all issues are decided by the jury.
True Or False A party cannot file a motion for a partial summary judgment.
True Or False An attorney has an unlimited number of preemptory challenges in jury selection.
True Or False To rebut a motion for summary judgment a party need merely allege that a factual dispute does in fact exist.
True Or False Most cases settle at or before the pretrial conference.
True Or False Most jurors decide the outcome of a case during opening statements.
True Or False The plaintiff opens a case by making the first opening statement and ends a case by making the final closing argument.
True Or False Motions for directed verdict are rarely made but frequently granted.
True Or False A party that fails to make the appropriate objections during trial will be denied any procedural remedies requested in a post-trial motion.
If an attorney determines that a viable claim exists, they may send a(n) ____________ letter to the defendant setting forth why the defendant is liable and demanding a certain amount of money to settle the case.
A(n) ____________ is an affidavit indicating that the plaintiff has read the complaint and that to the best of their knowledge it is true.
If a defendant does not respond to a plaintiff’s complaint, the plaintiff can seek a(n)____________ in their favor.
A(n) ____________ ____________ is any defense that the party asserting it bears the burden of proving.
At the same time they file an answer, a defendant can file a(n) ____________ alleging lack of jurisdiction over the person or subject matter.
____________ are written questions submitted to a party which that party must answer in writing and under oath.
An oral examination of a witness before trial and under oath is known as a(n) ____________.
A party can obtain copies of documents in the possession of the opposing party by filing a(n) ____________ ____________ ____________ ____________.
If a plaintiff has put their medical condition at issue in a case, the defendant can get a second opinion about the seriousness of their injuries through a(n) ____________ ____________ ____________ ____________.
In states with mandatory disclosure, each party must file a(n) ____________ ____________ early on in the case.
If during discovery a party learns that there is no material issue of fact and that a court could render a decision without hearing evidence, that party should file a(n) ____________ ____________ ____________.
To prevent the jury from hearing irrelevant and prejudicial evidence, a party should file a(n) ____________ ____________ before trial.
At a jury trial all ____________ issues are decided by the jury and all ____________ are decided by the judge. At a(n) ____________ trial the judge decides both factual and legal issues.
During the process of ____________ ____________ the judge or the attorneys can ask potential jurors questions.
A party that can show that a potential juror is unable to decide the case impartially should use a(n) ____________ ____________ ____________, whereas a party that cannot allege bias but that wants to get rid of a potential juror should use a ____________ ____________.
If a judge ____________ an objection, the question can be asked.
In some states standard jury instructions are used to ____________ the jury.
A jury that is asked to render a(n) ____________ verdict must decide liability and award damages; a jury that is asked to render a(n)____________ verdict must answer interrogatories, which a judge must review to determine the prevailing party.
A losing party can file a motion for a(n)____________ ____________ ____________on the basis that the verdict reached was contrary to the evidence.
A party that is unhappy with a trial court’s decision can ____________ that decision to a higher court; the opposing party can then file a(n)____________.
An issue that is considered ____________ ____________ cannot be relitigated at a later time.
A complaint containsa. a statement of jurisdiction.b. a listing of the parties.c. a brief summary of each element of the case.d. all of the above.
In an answer, a defendanta. admits allegations in the complaint believed to be true.b. denies allegations in the complaint believed to be false.c. indicates lack of sufficient knowledge for those allegations requiring further investigation.d. all of the above.
Discoverya. can be compared to a game of poker.b. is a stage of litigation in which legal assistants have little involvement.c. has little impact on the final outcome of cases.d. has no rules.
Depositionsa. are less expensive than interrogatories.b. do not provide as much insight into a party’s thinking as do interrogatories.c. allow an attorney to assess how a witness will come across to a jury.d. all of the above.
An attorneya. may choose to depose a witness that they believe will not be available for trial.b. cannot use a deposition transcript to impeach a witness at trial.c. cannot introduce a deposition transcript at trial.d. all of the above.
Under the federal rules, a disclosure statement must containa. the name, address, and telephone number of each person likely to have discoverable information.b. any documents in the possession, custody, or control of a party that are relevant to the disputed facts alleged in the complaint.c.
Disclosure-centered discoverya. is less efficient than request-centered discovery.b. requires parties to disclose information voluntarily.c. is like the game of Battleship in that parties have to guess what information the opposing party has.d. all of the above.
Mandatory disclosurea. eliminates the need for traditional discovery devices.b. does little to reduce the gamesmanship of discovery.c. is based on full and open disclosure.d. all of the above.
Discovery-related motions includea. motions for summary judgment.b. motions to compel.c. motions alleging improper venue.d. all of the above.
Pretrial conferences are used toa. establish witnesses and evidence that will be used at trial.b. promote settlement.c. clarify issues and defenses.d. all of the above.
Opening statementsa. allow an attorney to introduce the parties.b. are not particularly important.c. are considered part of the evidence.d. all of the above.
During closing arguments an attorneya. summarizes the facts of the case.b. shows how the evidence established each of the legal elements in the case.c. tries to convince the jury that their client should prevail.d. all of the above.
Jury instructionsa. are of little importance because jurors are known to pay little attention to them.b. cannot be objected to by attorneys.c. may be drafted by counsel and argued before the judge.d. all of the above.
What must a tortfeasor intend in order to be held liable for an intentional tort?
What is the transferred-intent doctrine?
What is a battery?
Does a plaintiff have to be aware of a battery when it occurs?
How does a battery differ from an assault?
If a person is trapped by another, but has one way out, is that considered false imprisonment?
How does the tort of false imprisonment arise in law enforcement and in shoplifting cases?
If a person hits golf balls onto someone else’s property, is that a trespass?
Why is it so difficult to hold a defendant liable for the infliction of emotional distress?
How does custom relate to consent?
Does a person have to be aware of another person’s mental ability for consent to apply?
True Or False To be liable for an intentional tort, a tortfeasor must intend to harm the plaintiff.
True Or False Tort law and criminal law share the same purpose and historical derivations.
True Or False The concepts and terms used in tort law do not always correspond to those used in criminal law.
True Or False The intent to commit one tort cannot be transferred to the tort that is actually committed.
True Or False Battery includes harmful or offensive contact even if the defendant intended only to frighten but not to harm the plaintiff.
True Or False Battery must involve contact with the plaintiff’s body, not with something attached to the body.
True Or False To commit battery the defendant must actually touch the plaintiff with their body.
True Or False To commit battery the defendant must cause the plaintiff pain or bodily harm.
True Or False In determining whether a contact is offensive, the question is whether any person of reasonable dignity would be offended.
True Or False The defendant is liable for the full extent of the plaintiff’s harm even if they could not have reasonably anticipated that harm.
True Or False An assault is not committed unless the plaintiff fears the impending contact.
Under the _______________ _______________ doctrine the intent with respect to one person is transferred to another person.
An assault occurs when a defendant intends to but fails to commit a(n) _______________.
_______________ occurs when a person intentionally confines another.
To prove infliction of emotional distress, a plaintiff must show that the defendant’s conduct was _______________ and _______________.
_______________ occurs when someone enters or remains unlawfully on another’s land.
If a defendant’s interference with the plaintiff’s property is so substantial that they must pay the plaintiff the full value of their property, the tort of trespass to chattels becomes _______________.
The privilege of _______________ _______________ allows a defendant to protect their own interests in an emergency situation. The privilege of _______________ _______________ allows a defendant to protect the interests of the public in an emergency.
In determining whether a privilege exists, the harm to plaintiff’s property is weighed against the _______________ and _______________ of danger the defendant is seeking to avoid.
A plaintiff must be aware of the contact at the time it occurs for the defendant to be liable fora. battery.b. assault.c. both assault and battery.d. neither assault nor battery.
The doctrine of transferred intent is applicable toa. battery.b. assault.c. false imprisonment.d. all of the above.
For a defendant to be held liable for false imprisonmenta. a plaintiff must be actually incarcerated.b. physical force must be used.c. a plaintiff must be aware of their confinement.d. all of the above.
To be liable for trespass a defendant musta. intend to harm the plaintiff’s property or be aware that harm might occur.b. make contact with the land themself.c. know that an entry on the plaintiff’s land is reasonably certain to happen.d. all of the above.
Conversion can be committed bya. removing goods.b. transferring goods to someone who is not entitled to them.c. taking possession of intangibles.d. all of the above.
Consent cannota. be inferred from custom.b. be implied in emergency situations.c. be given by someone who is incompetent or incapable of giving consent.d. all of the above.
Consenta. is not valid if the defendant exceeds the scope of that consent.b. can, in most states, be given to criminal acts.c. is not voluntary if it is given as a result of a threat of future harm or economic duress.d. all of the above.
A defendant cannot use force to defend themself unlessa. they are actually harmed.b. they believe they have no reasonable alternative to the use of force to protect themself against impending harm.c. an actual threat exists against them.d. all of the above.
A homeownera. can use deadly force to defend property.b. can use a mechanical device to prevent burglaries only if the owner would be justified in using the same degree of force if they were present when the intruder entered.c. is not liable for injuries suffered by a trespasser who is hurt by the
To regain possession of their property, a property ownera. may use reasonable force.b. may use force if the property was wrongfully taken.c. must be in fresh pursuit.d. all of the above.
The privilege of private necessitya. may be claimed only when the danger is severe.b. is a complete defense if the defendant causes no substantial harm to the plaintiff’s property.c. can be invoked on behalf of oneself but not a third person.d. all of the above.
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