Practice Test GeeksLLM - Master of Laws Practice Test
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Torts & Civil Liability Flashcards

7 cards from real LLM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Torts & Civil Liability flashcards as text

  1. Under the negligence standard, a defendant is liable if their conduct falls below what threshold?

    Answer: The standard of a reasonable person under similar circumstances

    Negligence is measured against the objective 'reasonable person' standard—what a person of ordinary prudence would do under similar circumstances.

  2. Which element is NOT required to establish a prima facie case of negligence?

    Answer: Malicious intent

    Negligence requires duty, breach, causation (actual and proximate), and damages—malicious intent is an element of intentional torts, not negligence.

  3. The doctrine of res ipsa loquitur allows a plaintiff to establish breach of duty by showing that:

    Answer: The accident is of a type that ordinarily does not occur without negligence

    Res ipsa loquitur ('the thing speaks for itself') permits an inference of negligence when the accident would not normally happen absent negligence and was within the defendant's exclusive control.

  4. Under strict products liability, a manufacturer can be held liable even if they exercised all possible care. This liability is primarily based on:

    Answer: The defective and unreasonably dangerous condition of the product

    Strict products liability under Restatement (Second) of Torts § 402A attaches when a product is sold in a defective condition unreasonably dangerous to users, regardless of the seller's care.

  5. A plaintiff who was 40% at fault for their own injury sues in a 'pure comparative fault' jurisdiction. If total damages are $100,000, the plaintiff recovers:

    Answer: $60,000

    Under pure comparative fault, the plaintiff's recovery is reduced by their percentage of fault, so 100% − 40% = 60% of $100,000 = $60,000.

  6. The 'eggshell skull' (or 'thin skull') rule in tort law provides that:

    Answer: A defendant takes the plaintiff as they find them, including pre-existing vulnerabilities

    The eggshell skull rule holds a tortfeasor fully liable for all damages flowing from their tort, even if the plaintiff's unusual physical condition made the injury far more severe than expected.

  7. Intentional infliction of emotional distress (IIED) requires that the defendant's conduct be:

    Answer: Extreme and outrageous

    IIED requires conduct that is extreme and outrageous, intentionally or recklessly causing severe emotional distress—mere insults or rudeness are insufficient.