IL Bar Torts

Question 1

In Illinois, which elements must a plaintiff prove for a negligence claim?

Accepted Answer

Duty, breach, causation, and damages

Answer

Intent, causation, and damages

Answer

Negligence per se, actual harm, and proximate cause

Answer

Strict liability and damages

Question 2

Illinois adopted a modified comparative fault system. A plaintiff who is more than __ % at fault is barred from recovery:

Accepted Answer

50%

Answer

25%

Answer

49%

Answer

51%

Question 3

Res ipsa loquitur allows an inference of negligence when:

Accepted Answer

The type of harm normally does not occur without negligence and the defendant had exclusive control of the instrumentality

Answer

The defendant admits to careless conduct

Answer

There is direct evidence of breach

Answer

The plaintiff suffered severe injuries

Question 4

Under Illinois strict liability law (Restatement Second § 402A), a product manufacturer is strictly liable for harm caused by a product that is:

Accepted Answer

In a defective condition unreasonably dangerous to users

Answer

Merely capable of being dangerous

Answer

Sold without adequate warnings

Answer

Recalled by the manufacturer

Question 5

Which tort provides a remedy for a defendant who intentionally enters the land of another without permission or lawful justification?

Accepted Answer

Trespass to land

Answer

Conversion

Answer

Trespass to chattels

Answer

Nuisance

Question 6

The tort of intentional infliction of emotional distress in Illinois requires conduct that is:

Accepted Answer

Extreme and outrageous, beyond all decency, and intolerable in a civilized community

Answer

Merely offensive or insensitive

Answer

Negligent and causes emotional harm

Answer

Directed at a vulnerable plaintiff