Bar Exam Drills

Question 1

Negligence is defined as:

Answer 1

unreasonable conduct by defendant where defendant’s conduct fails to rise to a standard of care of that of a reasonable person in the same or similar circumstances

Question 2

The elements of negligence are:

Answer 2

(1) duty
(2) standard of care
(3) breach
(4) actual cause
(5) proximate cause
(6) damages

Question 3

If there is no breach of due care on the part of the defendant then there is ____.

Answer 3

no liability

Question 4

“Bright 12 year-old” are assumed by the authors and thus is testing you, that they ____ and ____.

Answer 4

(1) know how to read a sign
(2) know of the danger from the sign

Question 5

Duty:

Answer 5

defendant owes a legal obligation to the plaintiff

Question 6

Standard of Care:

Answer 6

defendant did not meet the expected level of care

Question 7

Breach:

Answer 7

defendant failed to meet that standard

Question 8

Actual Cause:

Answer 8

defendant’s breach directly caused the plaintiff’s injury

Question 9

Proximate Cause:

Answer 9

defendant’s breach was closely related to the plaintiff’s injury

Question 10

Damages:

Answer 10

plaintiff suffered real arm due to the defendant’s breach

Question 11

If there is no reasonable foreseeability to the harm, then there is ____ and thus ____.

Answer 11

(1) no proximate causation
(2) no liability

Question 12

If a person fails to take the reasonable precautions that any prudent person would take and their actions cause someone else harm, their actions could be considered ____.

Answer 12

negligent

Question 13

In a pure comparative negligence jurisdiction, each defendant is only liable for ____.

Answer 13

his or her percentage of fault

Question 14

A plaintiff is ____ in a pure comparative negligence jurisdiction, even if he or she was at fault in contributing to the accident.

Answer 14

still able to recover damages

Question 15

Intrafamily immunity is:

Answer 15

immunity from a tort action brought by an immediate family member

Question 16

Joint and several liability is a legal term for a responsibility that is ____.

Answer 16

shared by two or more parties to a lawsuit

Question 17

(Joint and Several Liability)

A wronged party may sue ____, and collect the total damages awarded by a court from ____.

Answer 17

(1) any or all of them
(2) any or all of them

Question 18

If you are at fault for something, a rescuer can recover ____, for that event you ____.

Answer 18

(1) against you
(2) were at fault - for any foreseeable damages from that event

Question 19

If a danger is hidden, a landlord must ____.

Answer 19

warn the tenants and other users of the premises about the concealed danger

Question 20

A landlord also has a duty to warn of dangers which are not latent if the danger ____.

Answer 20

exists and the landlord has not yet undertaken a repair

Question 21

The intentional tort of false imprisonment needs ____ to be satisfied.

Answer 21

intent

Question 22

There’s a privilege in the defense of others - as long as ____.

Answer 22

the amount of force that you use to defend others is appropriate, in proportion to the harm that the assailant is bringing

Question 23

Children will be held to the standard of an adult if ____.

Answer 23

the activity engaged in was an adult activity

Question 24

Loss-of-Chance Doctrine:

Answer 24

a legal principle applicable in some U.S. states which allows a plaintiff to obtain damages from a defendant for a heightened risk of death or injury, even if the the plaintiff cannot prove that by a preponderance of the evidence that the ultimate injury was caused by the defendant’s negligence

Question 25

Elements of intentional infliction of emotional distress:

Answer 25

(1) defendant acted intentionally or recklessly
(2) defendant’s conduct was extreme and outrageous
(3) defendant’s act is the cause of distress
(4) plaintiff suffers severe emotional distress as a result of defendant’s conduct

Question 26

If a product has been substantially changed since it left the company that manufactured it, a tort victim ____.

Answer 26

will not be able to recover under the theory of strict liability against the company

Question 27

Negligence Per Se:

Answer 27

is a rebuttable presumption

if a statue has been violated and meets the requirements, the defendant may show evidence of non-negligence

Question 28

Res Ipsa Loquitor:

Answer 28

if there was harmed caused by negligence and it was within the tortfeasors control that was exclusive, then negligence will be presumed

Question 29

Limitations of Negligence Per Se:

Answer 29

A safety statue or regulation applies only if it is intended to protect the class to which the plaintiff belongs and if it is intended to guard against the particular harm suffered by the plaintiff.

Question 30

Defendant’s liability does not extend to economic loss that arises solely from ____

Answer 30

physical harm to the defendant

Question 31

If a landowner knows that trespassers have been on his/her land, then these persons are discovered trespassers to whom the landowner owes the duty to ____.

Answer 31

ordinary care to warn of danger

Question 32

If a person is an undiscovered trespasser, then the landowner has a duty to ____.

Answer 32

refrain from willful or wanton misconduct

Question 33

When you see this type of question with percentages of recovery and the facts are silent - it is a ____ liability jurisdiction

Answer 33

joint and several

Question 34

The one situation where you have a duty to act is when you ____.

Answer 34

put someone else in danger by your own conduct

Question 35

In premises liability law, property owners have ____, meaning they ____.

Answer 35

(a) non-delegable duties
(b) can’t pass off their responsibilities to others