AR Bar Torts 3

Question 1

Strict liability for abnormally dangerous activities is imposed regardless of:

Accepted Answer

The degree of care exercised by the defendant

Answer

Strict liability for abnormally dangerous activities holds defendants liable regardless of the degree of care exercised, because the activity itself creates an unacceptable risk of harm.

Question 2

Under products liability, which theory allows a plaintiff to recover without proving the manufacturer was negligent?

Accepted Answer

Strict liability in tort under Restatement Second §402A

Answer

Strict liability in tort (Restatement Second §402A) allows recovery when a product is defective and unreasonably dangerous, without requiring proof that the manufacturer was negligent.

Question 3

A manufacturing defect in a products liability case is best described as:

Accepted Answer

A specific product unit that deviates from the manufacturer's intended design

Answer

A manufacturing defect occurs when a specific product unit deviates from the manufacturer's intended design specifications, making that particular unit defective.

Question 4

Under New York Times v. Sullivan, a public figure suing for defamation must prove:

Accepted Answer

Actual malice—knowledge of falsity or reckless disregard for truth

Answer

Under New York Times v. Sullivan, a public figure must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Question 5

Which of the following is a complete defense to a defamation claim?

Accepted Answer

All of the above are complete defenses

Answer

Truth, absolute and qualified privilege, and the opinion privilege are all recognized complete defenses to defamation that bar any recovery.

AR Bar - Arkansas Bar Test Practice Test

AR Bar - Arkansas Bar Test Practice Test

AR Bar Torts 3