#1
In criminal law, 'actus reus' refers to:
The guilty act or wrongful deed
ExplanationLegal term denoting the physical act or conduct that constitutes a criminal offense.
#2
In contract law, what is the term for a party's failure to fulfill their obligations under a contract without a lawful excuse?
Breach of contract
ExplanationFailure to fulfill contractual obligations without a valid legal excuse.
#3
In criminal law, what does 'mens rea' refer to?
The mental state or intent to commit a crime
ExplanationLegal term denoting the mental state or intent to commit a criminal offense.
#4
In contract law, what is 'consideration'?
The price or value exchanged for the promise or performance
ExplanationLegal term for the value or price exchanged in a contract for a promise or performance.
#5
What is 'quid pro quo'?
Something given or received for something else
ExplanationLatin term referring to an exchange of something for something else.
#6
Which legal principle states that a person is responsible for the consequences of their actions or omissions if they fail to act as a reasonable person would under similar circumstances?
Negligence
ExplanationLegal principle holding individuals accountable for failing to act reasonably in similar circumstances.
#7
In tort law, what does 'strict liability' refer to?
Liability without fault, typically for ultra-hazardous activities
ExplanationLegal concept holding individuals liable without the need to prove fault, often applied to extremely hazardous activities.
#8
What does 'respondeat superior' refer to in legal terms?
The legal doctrine holding employers responsible for the wrongful acts of their employees
ExplanationLegal doctrine imposing liability on employers for the wrongful actions of their employees.
#9
Which of the following is NOT a requirement to establish negligence in tort law?
Intention to harm
ExplanationExclusionary factor; intention to harm is not a necessary element to prove negligence in tort law.
#10
What is 'attractive nuisance' in premises liability law?
A condition on the property that may attract children and pose a danger to them
ExplanationPremises liability term for a property condition tempting children and presenting a potential danger.
#11
What is 'contributory negligence' in tort law?
A defense claiming that the plaintiff's actions contributed to their own injury
ExplanationLegal defense asserting the plaintiff's actions contributed to their injury, reducing the defendant's liability.
#12
Which legal doctrine allows a court to infer negligence from the very nature of an accident or injury, without direct evidence of how any defendant behaved?
Res ipsa loquitur
ExplanationLegal doctrine allowing courts to infer negligence from the circumstances of an accident or injury when direct evidence is lacking.
#13
What is 'proximate cause' in tort law?
The legal cause that sets in motion a sequence of events leading to an injury
ExplanationLegal term describing the primary cause that initiates a chain of events resulting in an injury.
#14
What is the 'eggshell skull rule' in tort law?
A rule stating that the defendant is liable for all damages caused, regardless of the victim's pre-existing conditions
ExplanationLegal principle holding the defendant responsible for all damages, including those exacerbated by the victim's pre-existing conditions.
#15
What is the primary purpose of punitive damages in civil cases?
To deter similar conduct in the future
ExplanationCivil law damages aimed at discouraging similar conduct in the future.
#16
What does 'sovereign immunity' refer to?
The principle that the government cannot be sued without its consent
ExplanationLegal principle preventing lawsuits against the government without its consent.
#17
What is 'negligence per se'?
Negligence that violates a statute or regulation
ExplanationNegligence automatically established by violating a statute or regulation.