Lawyer Tort Law 3

Question 1

The 'but for' test in negligence law is used to establish:

Accepted Answer

Whether the defendant's conduct was a cause-in-fact (actual cause) of the plaintiff's injury

Answer

Whether the defendant owed a legal duty of care to the plaintiff

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Whether the defendant's breach was a proximate or legal cause of harm

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Whether the plaintiff's damages were foreseeable at the time of the breach

Question 2

The landmark case Palsgraf v. Long Island Railroad (1928) is most significant for establishing:

Accepted Answer

Proximate cause limits a defendant's liability to foreseeable plaintiffs within the zone of danger

Answer

Strict liability applies to railroad companies for all passenger injuries

Answer

Common carriers are strictly liable for any injury occurring on their premises

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Contributory negligence completely bars recovery for injured railroad passengers

Question 3

Judge Learned Hand's negligence formula (B < PL) holds that negligence exists when:

Accepted Answer

The burden of precaution is less than the probability of harm multiplied by the gravity of the loss

Answer

The burden of precaution exceeds the combined probability and gravity of potential harm

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The defendant had actual knowledge of the specific risk that caused the plaintiff's injury

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The defendant's conduct fell below the standard established by industry custom and practice

Question 4

To succeed on a claim for intentional infliction of emotional distress (IIED), the plaintiff must show the defendant's conduct was:

Accepted Answer

So extreme and outrageous that it exceeds all bounds of decency tolerated in civilized society

Answer

Merely offensive or in bad taste by community standards

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Negligent and specifically directed at causing the plaintiff emotional harm

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Any verbal threat that caused measurable psychological injury to the plaintiff

Question 5

Under the rescue doctrine ('danger invites rescue'), a tortfeasor who negligently places someone in peril is also liable to:

Accepted Answer

A rescuer who is injured while making a reasonable attempt to help the victim

Answer

Only the direct victim who was placed in the dangerous situation

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Only professional rescuers such as firefighters and paramedics responding in the line of duty

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Any bystander who witnesses the dangerous situation and suffers emotional distress

Question 6

Under New York Times Co. v. Sullivan (1964), a public official suing for defamation must prove:

Accepted Answer

Actual malice — that the defendant knew the statement was false or acted with reckless disregard for its truth

Answer

The defendant published the false statement with intent to cause harm to the plaintiff

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The statement caused actual economic harm measurable in specific dollar amounts

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The defendant's negligence in failing to verify the accuracy of the statement before publishing

Question 7

The doctrine of res ipsa loquitur ('the thing speaks for itself') permits a plaintiff to:

Accepted Answer

Create an inference of negligence from the nature of the accident when direct evidence of negligence is unavailable

Answer

Recover full damages without presenting any evidence of causation or injury

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Shift the burden of proof to the defendant in strict products liability cases

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Establish negligence without proving the defendant owed a duty of care