Lawyer Tort Law

Question 1

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

Accepted Answer

Duty, breach, causation, and damages

Answer

Negligence requires proving all four elements: a duty of care owed to the plaintiff, breach of that duty, causation linking the breach to the harm, and actual damages suffered.

Question 2

Which doctrine allows an injured plaintiff to recover even if they were partially at fault, with damages reduced proportionally?

Accepted Answer

Comparative negligence

Answer

Comparative negligence allows recovery even when the plaintiff is partially at fault, reducing damages by the plaintiff's percentage of fault rather than barring recovery entirely.

Question 3

The intentional tort of battery is best defined as:

Accepted Answer

Harmful or offensive contact with another person without consent

Answer

Battery is intentional harmful or offensive contact with another person without their consent, and it does not require that the contact cause physical injury.

Question 4

Under the doctrine of respondeat superior, an employer is vicariously liable for:

Accepted Answer

Torts committed by employees acting within the scope of their employment

Answer

Respondeat superior holds employers vicariously liable only for torts committed by employees while acting within the scope of their employment, not for frolic or detour outside job duties.

Question 5

Which of the following is correctly classified as an intentional tort?

Accepted Answer

Trespass to land

Answer

Trespass to land is an intentional tort requiring only the intentional act of entering another's land without authorization, not necessarily intent to trespass or cause harm.

Lawyer Practice Test

Lawyer Practice Test

Lawyer Tort Law