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

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

Question 2

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

Accepted Answer

Malicious intent

Answer

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

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

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.

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

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.

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

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

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Torts & Civil Liability