Podcast
Questions and Answers
What is the origin of the word 'tort'?
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?
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?
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?
What is the primary factor that determines whether a duty of care exists?
What type of wrongs are included in torts?
What type of wrongs are included in torts?
How is the standard of care determined for a professional?
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 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 the term for the level of care that is appropriate between the parties?
What is required to successfully sue for negligence?
What is required to successfully sue for negligence?
What must be proven by the plaintiff in a negligence case?
What must be proven by the plaintiff in a negligence case?
What type of harm may be caused by negligence?
What type of harm may be caused by negligence?
What is an important consideration in determining causation?
What is an important consideration in determining causation?
What is negligence in the context of tort law?
What is negligence in the context of tort law?
What is malpractice, in the context of tort law?
What is malpractice, in the context of tort law?
Where are cases of negligence or malpractice typically filed?
Where are cases of negligence or malpractice typically filed?
What is the role of a medical witness in court?
What is the role of a medical witness in court?
What is the duty 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 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?
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?
In which type of case may a doctor be required to give evidence in person?
What is the doctor's overriding duty in court?
What is the doctor's overriding duty in court?
Who is present in a civil case in Queensland?
Who is present in a civil case in Queensland?
What should a doctor remember when giving evidence in court?
What should a doctor remember when giving evidence in court?
What may the court occasionally ask a doctor to provide?
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 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 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 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 main difference between medical negligence and medical malpractice?
What is the 'but for' test used for in a tort case?
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?
What is included in the definition of a medical professional or institution in a medical negligence case?
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