MCOLES State Licensing Practice Exam

What is the distinction between a tort and an intentional tort?

1. A tort is a civil rights violation against another person

2. An intentional tort is a non-civil violation

3. A tort only applies to property crimes

4. Intentional torts require specific intent to cause harm

The correct answer is: A tort is a civil rights violation against another person

The distinction between a tort and an intentional tort lies primarily in the nature of the action and the intent behind it. A tort is defined as a wrongful act, whether intentional or unintentional, that results in harm or injury to another person or their property, leading to civil legal liability. This can include negligent acts or unintentional harm. Intentional torts, on the other hand, require a specific intent to cause harm to another person. This means that the perpetrator deliberately engages in an act that they know is likely to result in injury or damage to someone else. Examples of intentional torts include assault, battery, and defamation, where the person takes conscious action with the goal of causing harm. The response identifying a tort as a civil rights violation is not accurate, as not all torts fit this definition, and civil rights violations are a subset of tort law specifically related to infringements upon an individual's rights. Other choices mischaracterize the nature of torts, highlighting how intent and the presence of harm differentiate between the general category of torts and the specific category of intentional torts. Thus, the emphasis on the necessity of specific intent to cause harm is what sets intentional torts apart from torts in general.