IA Bar Torts

Question 1

What are the four elements a plaintiff must prove to establish a negligence claim?

Accepted Answer

Duty, breach, causation, and damages

Answer

Intent, act, causation, and harm

Answer

Duty, knowledge, harm, and damages

Answer

Act, omission, negligence, and injury

Question 2

Under the 'reasonable person' standard in negligence, the defendant's conduct is measured against:

Accepted Answer

A hypothetical person of ordinary prudence under similar circumstances

Answer

The defendant's actual subjective beliefs and capabilities

Answer

The conduct of the most cautious person in the community

Answer

Industry custom and practice standards exclusively

Question 3

In a negligence action, the 'but-for' test is used to establish:

Accepted Answer

Actual cause (cause-in-fact)

Answer

Proximate cause

Answer

The applicable duty of care

Answer

The standard of care owed

Question 4

The doctrine of res ipsa loquitur allows a plaintiff to:

Accepted Answer

Create an inference of negligence from the circumstances of the accident

Answer

Automatically win without presenting any evidence

Answer

Recover punitive damages in addition to compensatory damages

Answer

Bypass the requirement of proving proximate causation

Question 5

Under traditional common law, a landowner's duty of care to undiscovered trespassers is generally:

Accepted Answer

To refrain from willful, wanton, or reckless conduct

Answer

Reasonable care under all circumstances, same as to invitees

Answer

No duty whatsoever, regardless of circumstances

Answer

A duty to warn of all known dangers on the property

Question 6

Under Iowa's modified comparative fault system, a plaintiff is barred from recovery if their percentage of fault is:

Accepted Answer

Equal to or greater than 50% of the total fault

Answer

Greater than 25% of the total fault

Answer

Greater than 50% of the total fault

Answer

Equal to or greater than 51% of the total fault

Question 7

A defendant who violates a statute may be found negligent per se when:

Accepted Answer

The plaintiff is in the protected class and suffers the type of harm the statute was designed to prevent

Answer

The statute imposes strict liability regardless of fault

Answer

The defendant had actual knowledge of the statute's requirements

Answer

The statute expressly creates a private civil right of action