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What is a crime? What is a tort? Can the same act be both a crime and a tort? What is the difference between a tort and crime? Where an act is both a tort and a crime, may a suit be brought on the tort? Distinguish between a tort and a breach of contract? Who may be a plaintiff in an action of tort? Who may be a defendant? What was the origin of torts? What was the first tort action? What were its three principal divisions? Define assault. Define battery. What are the essential elements in every assault? Enumerate some of the different acts which may constitute an assault? Can there be an assault without motion of any kind? In any assault, is it necessary that the force exerted should reach the person at whom it was directed? To constitute an assault, is it necessary that there should be an intention to commit a battery? What is necessary in order to constitute a battery? In what ways may a battery be committed? What constitutes an aggravated assault or battery? Name five examples of aggravated assaults or batteries? What is meant by a "justifiable assault?" When may a battery be justified on the ground of self-defense? Will prior threats sustain the plea of self-defense? What must a party attacked do, before he is justified in resorting to force on his side? In whose defense is a person justified in using force? What are mutual assaults? What is false imprisonment? In a tort action of this character, are the motives of the defendant material? Is the fact that the arrest was made by mistake a defense to an action for false imprisonment? Compare the action for false imprisonment with that for malicious prosecution? What are necessary elements in every action for false imprisonment? What will constitute an unlawful detention? What is seduction? What action can be brought for it? Who can bring such action? Upon what is the right of recovery based in this action? What is conversion? When is a person liable for injuries caused by fire? When is a person liable for injuries caused by explosives? When is a person liable for injuries caused by accumulations of water? Distinguish between trespass, waste and nuisance? What are the remedies for waste? Define waste? What constitutes waste? Does the cutting down of trees constitute waste? Does the working of mines constitute waste? Will the erection of new buildings constitute waste? Who may commit waste? What is meant by the term "without impeachment of waste?" Define nuisance. Classify nuisances. What are the principal classes of private nuisances? How may such rights be infringed? What are the rights as to the use of surface waters? What is the common law rule on this question? When will the pollution of water constitute a nuisance? What is the real test as to whether a noisy trade is a nuisance in a particular location? Give a few illustrations where a lawful business has been held a nuisance? Give a few illustrations where a business has been decided not to be a nuisance? May mere noise constitute a nuisance? May the ringing of church bells constitute a nuisance? Define deceit? What are the five requisites in every action for deceit? What forms may the misrepresentations take? What words are sufficient to constitute a misrepresentation? What acts or conduct of the party will constitute a misrepresentation? When will mere silence be sufficient to constitute a misrepresentation? In what different ways may the requisite that the defendant must have known the falsity of his statement be satisfied? Why is it necessary that the plaintiffs should have believed in the truth of the representations? Do misrepresentations by themselves constitute a ground of action? What else is necessary? Define malicious prosecution. What are the necessary elements in this action? What must have been the character of the original action? What connection must the defendant have had with the original action? When will an attorney be liable for malicious prosecution? What will constitute probable cause? Define malice. When will an action of tort for conspiracy lie? Define Slander. Define Libel. What is meant by words being actionable per se? What are some of the most important forms in which defamatory words are to be found? When are words imputing a crime actionable per se? What is an infamous punishment? What is publication? Is the mere composition of a libel sufficient? Does the dictation of a libel to a stenographer constitute publication? Is the intent material in an action for slander or libel? Is malice a necessary element in such actions? To what extent is the truth of the charges a defense in such an action? Is the fact that the defendant believed the charges to be true a defense in an action for slander or libel? What are privileged communications? What are the two classes of privileged communications? What communications are absolutely privileged? Is negligence a distinctive tort? Define negligence. Classify negligence. What is the present tendency of the law relative to this classification? When is the question of negligence material in the field of trespass? What was the early rule as to the liability of a person for the direct consequences of his acts? In what different ways may the duty, which is violated by an act of negligence, have arisen? What is contributory negligence? When is a person guilty of contributory negligence? What is the doctrine of comparative negligence? |