LLM Torts & Civil Liability

Question 1

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

Accepted Answer

The standard of a reasonable person under similar circumstances

Answer

The standard of the most cautious person possible

Answer

The standard set by the defendant's own past behavior

Answer

The standard agreed upon by the parties in advance

Question 2

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

Accepted Answer

Malicious intent

Answer

Duty of care

Answer

Breach of that duty

Answer

Proximate cause

Question 3

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

Accepted Answer

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

Answer

The defendant admitted fault after the incident

Answer

The defendant violated a statutory safety standard

Answer

Multiple defendants each acted negligently

Question 4

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

Accepted Answer

The defective and unreasonably dangerous condition of the product

Answer

Breach of warranty only

Answer

Negligent design proven by expert testimony

Answer

The plaintiff's inability to identify which manufacturer caused harm

Question 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:

Accepted Answer

$60,000

Answer

Nothing, because they were more than 50% at fault

Answer

$40,000

Answer

$100,000 reduced by a flat statutory amount

Question 6

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

Accepted Answer

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

Answer

A defendant is only liable for foreseeable physical harm

Answer

Damages are capped at the amount a healthy person would have suffered

Answer

Only physical injuries caused directly by the impact are compensable

Question 7

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

Accepted Answer

Extreme and outrageous

Answer

Negligent and foreseeable

Answer

Physically harmful

Answer

Directed at a public figure