AL Bar Torts

Question 1

To establish negligence, a plaintiff must prove duty, breach, causation, and damages. The 'but-for' test establishes:

Accepted Answer

Actual cause (cause-in-fact)

Answer

Proximate cause

Answer

Foreseeability of harm

Answer

Duty of care

Question 2

A public figure bringing a defamation claim under New York Times v. Sullivan must prove the defendant acted with:

Accepted Answer

Actual malice—knowledge of falsity or reckless disregard for truth

Answer

Negligence

Answer

Reckless disregard only

Answer

Malicious intent to harm the plaintiff

Question 3

Under strict products liability, a manufacturer is liable for a defective product when the product is:

Accepted Answer

Defective and the defect causes harm when the product is used as intended

Answer

More dangerous than intended by the manufacturer

Answer

Negligently manufactured without proper inspection

Answer

Sold without adequate warning labels of any kind

Question 4

Intentional infliction of emotional distress requires conduct that is:

Accepted Answer

Extreme and outrageous, intentional or reckless, and causes severe emotional distress

Answer

Insulting or offensive to a reasonable person

Answer

Negligent and foreseeably distressing

Answer

Physical in nature

Question 5

Under Alabama's contributory negligence doctrine, a plaintiff who is even slightly negligent:

Accepted Answer

Is completely barred from recovery

Answer

Recovers reduced damages proportional to their fault

Answer

May recover unless more than 50% at fault

Answer

Recovers full damages from other negligent parties

Question 6

The tort of trespass to land requires that the defendant:

Accepted Answer

Intentionally enter the plaintiff's land without consent or legal justification

Answer

Know the land belongs to another

Answer

Cause substantial damage to the land

Answer

Remain on the land for a prolonged period

To establish negligence, a plaintiff must prove duty, breach, causation, and damages.The 'but-for' test establishes: