Tort Law Fundamentals

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What is the origin of the word 'tort'?

From German for 'injury'

From French for 'wrong' (correct)

From English for 'civil wrong'

From Latin for 'wrongful act'

What is the primary difference between a tort and a crime?

A tort is a deliberate wrongful act, while a crime is an accidental wrongful act.

A tort is a wrongful act against an individual, while a crime is a wrongful act against the state. (correct)

A tort is an intentional wrongful act, while a crime is a negligent wrongful act.

A tort is a wrongful act against the state, while a crime is a wrongful act against an individual.

What is the necessary element of negligence that requires a person to take reasonable care to avoid harm?

Duty of care (correct)

Causation

Damage

Breach of duty

What is the primary factor that determines whether a duty of care exists?

The degree of control and/or reliance between parties Signup and view all the answers

What type of wrongs are included in torts?

Both intentional and negligent wrongs Signup and view all the answers

How is the standard of care determined for a professional?

By the standard of their fellow professionals Signup and view all the answers

What is the purpose of establishing a duty of care in a negligence case?

To make a person responsible for taking reasonable care to avoid harm Signup and view all the answers

What is the term for the level of care that is appropriate between the parties?

Standard of care Signup and view all the answers

What is required to successfully sue for negligence?

Duty of care, breach of duty, causation, and damage Signup and view all the answers

What must be proven by the plaintiff in a negligence case?

Harm caused by the defendant's actions Signup and view all the answers

What type of harm may be caused by negligence?

Both physical and mental harm Signup and view all the answers

What is an important consideration in determining causation?

The absence of an intervening event Signup and view all the answers

What is negligence in the context of tort law?

A failure to exercise the care that a reasonably prudent person would exercise in like circumstances Signup and view all the answers

What is malpractice, in the context of tort law?

A type of negligence that applies to professionals, such as doctors or lawyers Signup and view all the answers

Where are cases of negligence or malpractice typically filed?

Civil courts Signup and view all the answers

What is the role of a medical witness in court?

To provide impartial evidence to assist the court Signup and view all the answers

What is the duty of a medical witness in court?

To the court Signup and view all the answers

What may happen if a medical witness fails to recognize their duty to the court?

They may be held in contempt of court Signup and view all the answers

What is the primary purpose of a doctor giving evidence in court?

To inform the court and help the judge or jury understand the evidence Signup and view all the answers

In which type of case may a doctor be required to give evidence in person?

In both criminal and civil matters, where necessary Signup and view all the answers

What is the doctor's overriding duty in court?

To the court Signup and view all the answers

Who is present in a civil case in Queensland?

Just a judge Signup and view all the answers

What should a doctor remember when giving evidence in court?

They are not the person who is on trial, nor the subject of the proceedings Signup and view all the answers

What may the court occasionally ask a doctor to provide?

An expert opinion Signup and view all the answers

What is the main factor in determining whether a medical professional's actions constitute medical negligence or medical malpractice?

The extent to which their actions vary from the accepted medical standard of care. Signup and view all the answers

What is required to establish a breach of care in a medical negligence case?

A statement from a lawyer explaining how the professional's actions violated an accepted medical standard of care. Signup and view all the answers

What type of relationship is required between the patient and the medical professional/institution in a medical negligence case?

Provider-patient relationship. Signup and view all the answers

What is the main difference between medical negligence and medical malpractice?

The intent of the medical professional's actions. Signup and view all the answers

What is the 'but for' test used for in a tort case?

To determine whether the person would have suffered harm 'but for' the actions of the other person. Signup and view all the answers

What is included in the definition of a medical professional or institution in a medical negligence case?

Nurses, doctors, and hospitals. Signup and view all the answers

Tort Law Fundamentals

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Questions and Answers

What is the origin of the word 'tort'?

What is the primary difference between a tort and a crime?

What is the necessary element of negligence that requires a person to take reasonable care to avoid harm?

What is the primary factor that determines whether a duty of care exists?

What type of wrongs are included in torts?

How is the standard of care determined for a professional?

What is the purpose of establishing a duty of care in a negligence case?

What is the term for the level of care that is appropriate between the parties?

What is required to successfully sue for negligence?

What must be proven by the plaintiff in a negligence case?

What type of harm may be caused by negligence?

What is an important consideration in determining causation?

What is negligence in the context of tort law?

What is malpractice, in the context of tort law?

Where are cases of negligence or malpractice typically filed?

What is the role of a medical witness in court?

What is the duty of a medical witness in court?

What may happen if a medical witness fails to recognize their duty to the court?

What is the primary purpose of a doctor giving evidence in court?

In which type of case may a doctor be required to give evidence in person?

What is the doctor's overriding duty in court?

Who is present in a civil case in Queensland?

What should a doctor remember when giving evidence in court?

What may the court occasionally ask a doctor to provide?

What is the main factor in determining whether a medical professional's actions constitute medical negligence or medical malpractice?

What is required to establish a breach of care in a medical negligence case?

What type of relationship is required between the patient and the medical professional/institution in a medical negligence case?

What is the main difference between medical negligence and medical malpractice?

What is the 'but for' test used for in a tort case?

What is included in the definition of a medical professional or institution in a medical negligence case?

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