Tort Law Fundamentals
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Questions and Answers

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?

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

    What type of wrongs are included in torts?

    <p>Both intentional and negligent wrongs</p> Signup and view all the answers

    How is the standard of care determined for a professional?

    <p>By the standard of their fellow professionals</p> Signup and view all the answers

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

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

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

    <p>Standard of care</p> Signup and view all the answers

    What is required to successfully sue for negligence?

    <p>Duty of care, breach of duty, causation, and damage</p> Signup and view all the answers

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

    <p>Harm caused by the defendant's actions</p> Signup and view all the answers

    What type of harm may be caused by negligence?

    <p>Both physical and mental harm</p> Signup and view all the answers

    What is an important consideration in determining causation?

    <p>The absence of an intervening event</p> Signup and view all the answers

    What is negligence in the context of tort law?

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

    What is malpractice, in the context of tort law?

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

    Where are cases of negligence or malpractice typically filed?

    <p>Civil courts</p> Signup and view all the answers

    What is the role of a medical witness in court?

    <p>To provide impartial evidence to assist the court</p> Signup and view all the answers

    What is the duty of a medical witness in court?

    <p>To the court</p> Signup and view all the answers

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

    <p>They may be held in contempt of court</p> Signup and view all the answers

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

    <p>To inform the court and help the judge or jury understand the evidence</p> Signup and view all the answers

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

    <p>In both criminal and civil matters, where necessary</p> Signup and view all the answers

    What is the doctor's overriding duty in court?

    <p>To the court</p> Signup and view all the answers

    Who is present in a civil case in Queensland?

    <p>Just a judge</p> Signup and view all the answers

    What should a doctor remember when giving evidence in court?

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

    What may the court occasionally ask a doctor to provide?

    <p>An expert opinion</p> 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?

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

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

    <p>A statement from a lawyer explaining how the professional's actions violated an accepted medical standard of care.</p> 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?

    <p>Provider-patient relationship.</p> Signup and view all the answers

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

    <p>The intent of the medical professional's actions.</p> Signup and view all the answers

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

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

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

    <p>Nurses, doctors, and hospitals.</p> Signup and view all the answers

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