TRUE OR FALSE
1. Joint and several liability was created by the common law courts, to shift the loss from an innocent victim who had done no wrong, onto the wrong-doers who were partially at fault and who would have to pay another wrongdoer’s share of the damages when that other could not be made to pay.
2. The common law crimes have now been, for the most part, codified or replaced by criminal offense.
3. At common law the prosecution had to prove a mental intent called “mens rea” to get a conviction under the common law.
4. Evidence if not shown to be relevant should not be admitted and can be challenged as an error by either side..
5. At common law punitive damages were awarded only to plaintiff to deter defendant from future acts of a malicious nature (i.e. very bad acts or acts with evil intentions).
6. Under the Indiana comparative fault act some defendants who may be up to 49% at fault will not have to pay anything in cases where plaintiff is at least 51% at fault.
7. The Congressional Tort reform act of 1995, relieved auditing accountants of joint and several liability for helping to defraud investors brought under the federal securities’ law.
8. Accountants can no longer be federally prosecuted for the crime of aiding and abetting securities fraud under the Denver Bank decision of the Supreme Court of the United States in 1994.
9. A litigant must demand (request) a jury trial and if no one does the court will treat it as waived (presumed waived).
10. Intentional Torts (e.g., Trespass, battery, assault, defamation) only require proof that the defendant did the act which constitute the Tort one need not prove intent to injure or cause loss although injury or loss must be shown to collect compensatory damages. An exception is made for defamation cases where there is a presumption harm and loss of reputation for which the jury can assign special damages as they determine them,
11. If the Securities and Exchange Commission files a complaint against the CEO of Disney Corporation in order to both recover from him misappropriated corporate money and to hold the CEO liable for fines; it will have to prove he violated the securities laws beyond a reasonable doubt. 23. The function of the jury is to decide questions of fact, for example guilt or innocence.
12. Punitive damages are can only be imposed in cases where the plaintiff has suffered extreme pain or horrendous suffering.
13. Compensatory damages include amounts awarded for pain and suffering.
14. If no harm or injury results from an act of trespassing on a privately owned beach, then the plaintiff can still recover compensatory damages from the trespasser, but not punitive damages.
15. In a civil case, both sides are allowed to discover all evidence and testimony that the opposing side uses before trial. This enables them to more easily negotiate a settlement; and thus saves the taxpayers the cost of an extended trial.
16. The corporate management by their policies and practices can create a corporate culture which encourages unethical behavior in lower-level employees.
17. In most States where a negligence case is brought, the plaintiffs can have their damages reduced or denied if they voluntarily, knowingly, assume a reasonable risk the seriousness of which they know and appreciate..
18. One of the required elements of a product liability suit based on strict liability is a failure to exercise a reasonable degree of care.