AR Bar Torts 2

Question 1

Under Arkansas comparative fault law, a plaintiff is barred from recovery when their fault:

Accepted Answer

Equals or exceeds 50% of total fault

Answer

Exceeds 25% of total fault

Answer

Is greater than zero percent

Answer

Exceeds 75% of total fault

Question 2

The 'but for' test in negligence law is used to establish which element?

Accepted Answer

Actual (factual) causation

Answer

Duty of care owed to the plaintiff

Answer

Breach of the standard of care

Answer

Proximate (legal) causation

Question 3

Under the 'eggshell plaintiff' rule, a defendant is liable for:

Accepted Answer

All damages caused, even if magnified by the plaintiff's pre-existing condition

Answer

Only the foreseeable extent of harm to an average person

Answer

A proportional share based on the plaintiff's pre-existing vulnerability

Answer

No damages if the plaintiff's condition was a superseding cause

Question 4

Res ipsa loquitur permits an inference of negligence when:

Accepted Answer

The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control

Answer

Multiple defendants all had the opportunity to cause harm

Answer

The defendant admits to being careless in their operations

Answer

Expert testimony establishing the standard of care is unavailable

Question 5

Which of the following creates an affirmative duty to act under tort law, overcoming the general no-duty-to-rescue rule?

Accepted Answer

The defendant's own prior conduct created the peril facing the plaintiff

Answer

Witnessing a stranger in a life-threatening emergency

Answer

The harm to the plaintiff was highly foreseeable

Answer

The plaintiff is a minor child

Question 6

Negligence per se substitutes the breach element when a defendant violates:

Accepted Answer

A statute designed to protect against the type of harm suffered by the plaintiff

Answer

A common law reasonable person standard

Answer

General industry customs and practices

Answer

A contractual provision owed to the plaintiff

Question 7

Which of the following most accurately states the standard of care owed by a professional (e.g., an attorney) in a negligence case?

Accepted Answer

The care of a reasonably competent professional in the same field

Answer

The care of an ordinarily prudent layperson

Answer

A strict liability standard regardless of custom

Answer

The care of the most highly skilled practitioner in the profession