FREE Bar Exam MBE (Torts) Questions and Answers
What is the legal principle that holds a person liable for the actions of their employees or agents when they are acting within the scope of their employment?
In a defamation claim, what type of defamation involves making false statements in written or printed form?
In a defamation claim, what type of defamation involves making false statements in written or printed form?
Under which doctrine can a plaintiff be barred from recovering damages if their own negligence contributed to their injuries, even if the defendant's negligence was the primary cause?
Contributory negligence is a doctrine that bars a plaintiff from recovering damages if their own negligence contributed to their injuries, even if the defendant was also negligent.
Which tort involves a false statement made with the intent to harm the reputation of another person and is communicated to a third party?
Defamation involves making false statements with the intent to harm another person's reputation, and those statements are communicated to a third party.
What is the legal doctrine that holds manufacturers, distributors, and sellers liable for placing defective products in the hands of consumers?
Strict liability is a doctrine that holds manufacturers, distributors, and sellers liable for placing defective products in the hands of consumers, regardless of fault.
Which tort involves the unauthorized intrusion or encroachment upon another person's property, whether physical or through invasion of privacy?
Trespass is a tort that involves the unauthorized intrusion or encroachment upon another person's property, whether physical or through invasion of privacy.
Which doctrine allows a landowner to be held liable for injuries sustained by individuals on their property, even if the injured person was not invited or authorized to be there?
The attractive nuisance doctrine holds landowners liable for injuries to children who trespass on their property if there are dangerous conditions likely to attract children.
What type of damages are intended to punish the defendant for particularly egregious conduct and deter similar behavior in the future?
Punitive damages are awarded to punish the defendant for their extreme misconduct and to discourage similar behavior in the future.
Which element of negligence requires showing that the defendant's breach of duty directly caused the plaintiff's harm?
Proximate cause is the legal principle that establishes a direct connection between the defendant's breach of duty and the plaintiff's harm.
In a negligence claim, what duty does a defendant owe to a plaintiff?
In a negligence claim, the defendant owes a duty of care to the plaintiff, which requires them to act with reasonable care to avoid causing foreseeable harm.
What is the term for a civil wrong that involves a breach of duty owed to another person, resulting in harm or injury?
A tort is a civil wrong that involves a breach of duty owed to another person, resulting in harm or injury.
Which intentional tort involves the unlawful physical restraint of another person's freedom of movement?
False imprisonment is an intentional tort involving the unlawful physical restraint of another person's freedom of movement.
What is the legal doctrine that allows an individual to use reasonable force to defend themselves when faced with an imminent threat of bodily harm?
Self-defense is a legal doctrine that permits an individual to use reasonable force to protect themselves from imminent bodily harm.
What type of tort involves intentional conduct that causes emotional distress to another person through outrageous behavior?
Intentional infliction of emotional distress is a tort where the defendant's outrageous conduct intentionally causes severe emotional distress to the plaintiff.
What is the legal principle that allows an injured party to recover damages even if they were partially at fault, with their damages reduced by their percentage of fault?
What defense allows a defendant to avoid liability for their tortious conduct if the plaintiff voluntarily assumed the risk of potential harm?
Assumption of risk is a defense where the plaintiff voluntarily accepts and understands the potential risks associated with an activity, relieving the defendant of liability.