CP CP Torts & Personal Injury

Question 1

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

Accepted Answer

Duty, breach, causation, damages

Answer

Intent, act, causation, damages

Answer

Offer, acceptance, consideration, breach

Answer

Fault, injury, witness, complaint

Question 2

California follows which comparative fault doctrine in personal injury cases?

Accepted Answer

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

Answer

Contributory negligence (plaintiff's any fault bars recovery)

Answer

Modified comparative negligence (51% bar)

Answer

Assumption of risk bars all recovery

Question 3

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

Accepted Answer

2 years from the date of injury

Answer

1 year from the date of injury

Answer

3 years from the date of injury

Answer

4 years from the date of injury

Question 4

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

Accepted Answer

Manufacturers and sellers of defective products

Answer

Landowners who fail to warn trespassers

Answer

Employers of negligent employees

Answer

Drivers who exceed the speed limit

Question 5

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

Accepted Answer

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

Answer

Only trespassing on private property

Answer

Provoking the dog at the time of the bite

Answer

On the owner's property without prior warning

Question 6

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

Accepted Answer

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

Answer

Negligent and causes mild anxiety

Answer

Any deliberate act causing hurt feelings

Answer

Fraudulent misrepresentation causing financial loss