Reference no: EM131832552
Indicate whether the sentence or statement is true or false
1. To commit the tort of assault, the plaintiff must prove (1) defendant intended to create (2) reasonable fear of an (3) offensive hitting, touching or battery in the plaintiff, all three of these elements must be present.
2. 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.
3. The common law crimes have now been, for the most part, codified or replaced by criminal offenses.
4. At common law the prosecution had to prove a mental intent called “mens rea” to get a conviction under the common law.
5. Evidence if not shown to be relevant should not be admitted and can be challenged as an error by either side..
6. 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).
7. 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.
8. 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.
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