#1
In contract law, what is consideration?
A promise made by one party in return for a promise made by the other party
ExplanationReciprocal promises.
#2
What is the difference between tort law and criminal law?
Tort law deals with harm caused to individuals or property, while criminal law deals with harm to society as a whole.
ExplanationIndividual/property harm vs. harm to society.
#3
What is the statute of limitations in legal terms?
The time period within which a lawsuit must be filed after a cause of action arises
ExplanationTime limit for filing lawsuits.
#4
What is the 'duty of care' in negligence cases?
The obligation of a defendant to act as a reasonable person would under similar circumstances
ExplanationObligation to act reasonably.
#5
What is the difference between a tort and a crime?
A tort is a civil wrong, while a crime is a criminal wrong.
ExplanationCivil vs. criminal wrongdoing.
#6
What is the difference between assault and battery in tort law?
Assault is the threat of physical harm, while battery is the actual physical contact.
ExplanationThreat vs. physical harm.
#7
What is strict liability in tort law?
Liability that arises regardless of fault
ExplanationLiability without fault.
#8
What is the difference between compensatory and punitive damages?
Compensatory damages compensate the plaintiff for their losses, while punitive damages are awarded to punish the defendant.
ExplanationCompensate losses vs. punish defendant.
#9
What is the doctrine of vicarious liability?
Liability that arises from the actions of another person
ExplanationIndirect liability.
#10
What is the 'reasonable person' standard in negligence cases?
The standard of care that a reasonable person would follow in similar circumstances
ExplanationStandard of care.
#11
What is the doctrine of stare decisis?
The principle that a higher court's decision is binding on lower courts
ExplanationBinding precedent.
#12
What is the difference between joint and several liability?
Joint liability holds each party responsible for their share of the damages, while several liability holds each party responsible for the entire amount of damages.
ExplanationShare vs. full responsibility for damages.
#13
What is res ipsa loquitur?
A legal doctrine allowing a presumption of negligence when an accident occurs
ExplanationNegligence presumed from the occurrence itself.
#14
What is the 'eggshell skull rule' in tort law?
A doctrine holding that a defendant is liable for the full extent of a plaintiff's injuries, regardless of the plaintiff's fragile condition.
ExplanationDefendant liable for full injuries regardless of plaintiff's condition.
#15
What is the concept of 'proximate cause' in tort law?
The cause that is legally sufficient to result in liability
#16
What is the difference between actual and proximate causation?
Actual causation refers to the cause that directly produces the injury, while proximate causation refers to the cause that is legally sufficient to result in liability.
ExplanationDirect vs. legal cause.
#17
What is the 'reasonable doubt' standard in criminal cases?
The standard of proof that must be met for a defendant to be found not guilty
ExplanationHigh standard for proving guilt.
#18
What is the doctrine of laches?
The principle that a party cannot seek equitable relief if they have failed to assert their rights in a timely manner
ExplanationEquitable relief barred by delay.