CAS Bar Torts and Negligence

Question 1

Under California's pure comparative fault system, how are damages calculated?

Accepted Answer

The plaintiff's recovery is reduced by their percentage of fault, even if above 50%

Answer

California follows pure comparative negligence, meaning the plaintiff's damages are reduced by their percentage of fault regardless of how high it is — even at 99% fault, they can recover 1%.

Question 2

What is the attractive nuisance doctrine in California?

Accepted Answer

Landowners owe a higher duty of care for dangerous conditions likely to attract children

Answer

The attractive nuisance doctrine holds landowners to a higher standard of care when they maintain dangerous conditions that are likely to attract children who may not appreciate the risk.

Question 3

What is the statute of limitations for medical malpractice in California?

Accepted Answer

One year from discovery or three years from the date of injury, whichever comes first

Answer

Under MICRA (Medical Injury Compensation Reform Act), California limits medical malpractice claims to one year from when the plaintiff discovered or should have discovered the injury, or three years from the date of injury.

Question 4

What damages are available under California's wrongful death statute?

Accepted Answer

Loss of financial support, loss of companionship, and funeral expenses

Answer

California's wrongful death statute allows recovery for loss of the decedent's financial support, loss of love and companionship, and funeral and burial expenses.

Question 5

What is premises liability under California Civil Code Section 1714?

Accepted Answer

Property owners are liable for injuries caused by their failure to maintain safe conditions

Answer

Section 1714 establishes that everyone is responsible for injuries caused by their want of ordinary care in managing their property, applying to all types of property and entrants.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Torts and Negligence