AR Bar Torts

Question 1

Which element is required to establish the tort of battery?

Accepted Answer

Harmful or offensive contact with the plaintiff's person

Answer

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

Question 2

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

Accepted Answer

Intent

Answer

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

Question 3

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

Accepted Answer

Contributory negligence

Answer

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.

Question 4

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

Accepted Answer

Physical barriers preventing escape

Answer

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.

Question 5

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

Accepted Answer

Extreme and outrageous beyond all bounds of decency

Answer

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

AR Bar - Arkansas Bar Test Practice Test

AR Bar - Arkansas Bar Test Practice Test

AR Bar Torts