AZ Bar Torts 2

Question 1

For a battery claim, which element distinguishes it from mere assault?

Accepted Answer

Harmful or offensive contact with the plaintiff must actually occur

Answer

Battery requires actual harmful or offensive contact with the plaintiff's person, whereas assault requires only an apprehension of imminent contact without contact occurring.

Question 2

A plaintiff can establish an assault claim if:

Accepted Answer

The defendant intentionally causes the plaintiff to have a reasonable apprehension of imminent harmful or offensive contact

Answer

Assault requires that the defendant intentionally cause the plaintiff to have a reasonable apprehension of imminent harmful or offensive contact; no actual contact or physical injury is required.

Question 3

Which of the following is NOT a required element of false imprisonment?

Accepted Answer

The plaintiff must be aware of the confinement at the time it occurs

Answer

Under the majority rule and the Restatement, the plaintiff need not be aware of the confinement at the time if actual harm results; awareness at the time of confinement is not an absolute requirement.

Question 4

Intentional infliction of emotional distress (IIED) requires conduct that is best described as:

Accepted Answer

Extreme and outrageous, intentionally or recklessly causing the plaintiff severe emotional distress

Answer

IIED requires extreme and outrageous conduct that intentionally or recklessly causes the plaintiff severe emotional distress; mere insults, indignities, or ordinary rudeness do not suffice.

Question 5

Trespass to land is considered intentional in the sense that:

Accepted Answer

The defendant need only intend the act causing the physical invasion, not necessarily know the land belongs to another

Answer

Trespass to land requires only that the defendant intentionally commit the act that causes the physical invasion of land; the defendant need not intend to trespass or know the land belongs to someone else.

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Torts 2