Practice Test Geeks(CP) California Certified Paralegal Practice Test
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CP Torts & Personal Injury Flashcards

6 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 CP Torts & Personal Injury flashcards as text

  1. Under California negligence law, a plaintiff must prove which four elements to prevail?

    Answer: Duty, breach, causation, damages

    A California negligence claim requires proof of (1) a duty of care, (2) breach of that duty, (3) causation (actual and proximate), and (4) resulting damages.

  2. California follows which comparative fault doctrine in personal injury cases?

    Answer: Pure comparative negligence (plaintiff may recover even if 99% at fault)

    California adopted pure comparative negligence in Li v. Yellow Cab Co. (1975), allowing a plaintiff to recover damages reduced by their percentage of fault, regardless of how high that percentage is.

  3. In California, the general statute of limitations for a personal injury (negligence) claim is:

    Answer: 2 years from the date of injury

    California Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims based on negligence.

  4. Strict liability in California applies most commonly to which type of tort defendant?

    Answer: Manufacturers and sellers of defective products

    Under California products liability law (stemming from Greenman v. Yuba Power Products), manufacturers and sellers are strictly liable for injuries caused by defective products.

  5. California's dog bite statute (Civil Code § 3342) imposes liability on a dog owner when their dog bites someone who is:

    Answer: In a public place or lawfully in a private place, regardless of the dog's prior vicious propensities

    California Civil Code § 3342 imposes strict liability on dog owners when a bite occurs in a public place or when the victim is lawfully on private property, without requiring proof of prior vicious behavior.

  6. Under the tort of intentional infliction of emotional distress (IIED) in California, a plaintiff must show conduct that is:

    Answer: Extreme and outrageous, intentional or reckless, causing severe emotional distress

    California IIED requires extreme and outrageous conduct, intent or recklessness, causation, and severe emotional distress; ordinary rudeness does not qualify.