IA Bar Torts 1

Question 1

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

Accepted Answer

Duty, breach, causation, and damages

Answer

Negligence requires proof of duty, breach of that duty, causation (both actual and proximate), and damages resulting from the breach.

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 reasonable person standard is an objective test measuring the defendant's conduct against what a hypothetical ordinary, prudent person would do under similar circumstances.

Question 3

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

Accepted Answer

Actual cause (cause-in-fact)

Answer

The 'but-for' test establishes actual cause (cause-in-fact) by asking whether the plaintiff's harm would have occurred but for the defendant's negligent conduct.

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

Res ipsa loquitur allows an inference of negligence when: the accident is of a type that normally does not occur without negligence, the instrumentality was under defendant's exclusive control, and plaintiff did not contribute.

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

Under traditional common law, landowners owe undiscovered trespassers only the duty to refrain from willful, wanton, or reckless conduct that could injure them.

(IA Bar) Iowa Bar Exam Practice Test

(IA Bar) Iowa Bar Exam Practice Test

IA Bar Torts 1