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Torts Flashcards

7 cards from real AR BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Torts flashcards as text

  1. Which element is required to establish the tort of battery?

    Answer: Harmful or offensive contact with the plaintiff's person

    Battery requires an intentional act resulting in harmful or offensive contact with the plaintiff's person without consent.

  2. A defendant who acts with knowledge that harmful consequences are substantially certain to result is acting with:

    Answer: Intent

    Under tort law, intent includes acting with substantial certainty that harmful consequences will result, not merely a desire to cause harm.

  3. Which of the following is NOT a recognized defense to an intentional tort claim?

    Answer: Contributory negligence

    Contributory negligence is a defense to negligence claims, not intentional torts; recognized defenses to intentional torts include consent, self-defense, defense of others, and necessity.

  4. Which of the following methods of confinement can establish false imprisonment?

    Answer: Physical barriers preventing escape

    False imprisonment can be accomplished through physical barriers, physical force, threats of immediate harm, or invalid assertion of legal authority, but not through moral pressure or a refusal to assist.

  5. The tort of intentional infliction of emotional distress (IIED) requires conduct that is:

    Answer: Extreme and outrageous beyond all bounds of decency

    IIED requires that the defendant's conduct be extreme and outrageous, beyond all bounds of decency, causing severe emotional distress to the plaintiff.

  6. Under Arkansas law, a property owner may use which level of force to defend property from trespass?

    Answer: Reasonable non-deadly force proportionate to the threat

    A landowner may use reasonable, non-deadly force to protect property, but deadly force is not justified solely to protect property interests.

  7. Trespass to land is complete upon which showing?

    Answer: Intentional physical entry onto another's land without permission

    Trespass to land only requires an intentional act causing physical entry onto another's land without permission; actual damage and knowledge of trespass are not required elements.