CP CP Torts & Personal Injury 1

Question 1

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

Accepted Answer

Duty, breach, causation, damages

Answer

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.

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

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.

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

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

Question 4

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

Accepted Answer

Manufacturers and sellers of defective products

Answer

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

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

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.

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP CP Torts & Personal Injury 1