Lawyer Tort Law 2

Question 1

In a jurisdiction that follows pure contributory negligence, a plaintiff found 5% at fault for their own injuries will:

Accepted Answer

Be completely barred from recovering any damages

Answer

Under pure contributory negligence, any fault on the plaintiff's part — even 1% — completely bars all recovery; this all-or-nothing rule is retained in only a few states.

Question 2

Under the traditional common law classification of entrants, a landowner's duty to trespassers is limited to:

Accepted Answer

Refraining from willful, wanton, or intentional harm

Answer

At common law, landowners owe adult trespassers only the duty to refrain from willful or wanton harm, though the attractive nuisance doctrine imposes a higher duty toward child trespassers.

Question 3

Under the discovery rule for tort statutes of limitations, the limitations period begins to run when:

Accepted Answer

The plaintiff discovers or reasonably should have discovered the injury and its cause

Answer

The discovery rule tolls the statute of limitations until the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its connection to the defendant's conduct.

Question 4

Punitive damages in a tort case are primarily intended to:

Accepted Answer

Punish the defendant for egregious conduct and deter similar future behavior

Answer

Punitive (exemplary) damages go beyond compensating the plaintiff; they are awarded to punish defendants for malicious, oppressive, or fraudulent conduct and to deter similar misconduct.

Question 5

A private nuisance claim requires the plaintiff to prove:

Accepted Answer

An unreasonable, substantial interference with the plaintiff's use and enjoyment of their property

Answer

Private nuisance is an unreasonable, substantial interference with an individual's use and enjoyment of their land and does not require any physical invasion of the property.

Lawyer Practice Test

Lawyer Practice Test

Lawyer Tort Law 2