Torts Flashcards
6 cards from real ID BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Torts flashcards as text
Under the res ipsa loquitur doctrine, negligence may be inferred when:
Answer: The accident is of a kind that ordinarily does not occur without negligence, the instrumentality was in defendant's exclusive control, and plaintiff did not contribute
Res ipsa loquitur allows an inference of negligence when (1) the accident type ordinarily doesn't happen without negligence, (2) the defendant had exclusive control, and (3) the plaintiff did not contribute.
Idaho Code § 6-1606 limits non-economic damages in medical malpractice cases to:
Answer: $500,000
Idaho Code § 6-1603 caps non-economic damages in medical malpractice cases at $500,000, adjusted periodically for inflation.
Under the tort of trespass to land, liability exists even without:
Answer: Physical damage to the land
Trespass to land is an intentional tort — liability attaches upon intentional entry regardless of whether actual damage occurs.
In Idaho, the learned intermediary doctrine in pharmaceutical products liability provides that:
Answer: A drug manufacturer's duty to warn runs to the prescribing physician, not the patient
Under the learned intermediary doctrine, a pharmaceutical manufacturer satisfies its duty to warn by providing adequate warnings to the prescribing physician, who then assumes responsibility for patient counseling.
Under the economic loss rule in Idaho, a plaintiff generally cannot recover in tort for:
Answer: Purely economic losses without accompanying physical injury or property damage
The economic loss rule bars recovery in negligence or strict liability for purely economic losses — lost profits or business losses — unaccompanied by physical injury or property damage.
Under Idaho's Tort Claims Act (Idaho Code § 6-901 et seq.), which of the following is generally required before suing a governmental entity?
Answer: Filing a notice of tort claim within 180 days of the loss or injury
Idaho Code § 6-906 requires a claimant to file a notice of tort claim with the governmental entity within 180 days of the loss or injury as a prerequisite to suit.