MA Bar Torts

Question 1

To establish a negligence claim, a plaintiff must prove which four elements?

Accepted Answer

Duty, breach, causation, damages

Answer

A negligence claim requires the plaintiff to establish that the defendant owed a duty of care, breached that duty, the breach actually and proximately caused the plaintiff's injuries, and the plaintiff suffered damages.

Question 2

Under Massachusetts law, what standard of comparative fault reduces a plaintiff's recovery proportionally?

Accepted Answer

Modified comparative fault bars recovery if the plaintiff is 51% or more at fault

Answer

Massachusetts applies modified comparative negligence under M.G.L. c. 231, § 85, reducing recovery proportionally by the plaintiff's fault and barring recovery entirely if the plaintiff is 51% or more at fault.

Question 3

Which intentional tort involves the intentional confinement of a person within fixed boundaries without their consent?

Accepted Answer

False imprisonment

Answer

False imprisonment is the intentional act of confining a person within boundaries fixed by the defendant, against the plaintiff's will, with no reasonable means of escape.

Question 4

Under products liability, the strict liability doctrine of Restatement § 402A holds sellers liable for:

Accepted Answer

Unreasonably dangerous products in a defective condition that cause harm

Answer

Restatement (Second) § 402A imposes strict liability on sellers of products in a defective condition unreasonably dangerous to users or consumers, regardless of the seller's negligence or privity.

Question 5

A public figure plaintiff suing for defamation must prove the defendant acted with:

Accepted Answer

Actual malice — knowledge of falsity or reckless disregard for the truth

Answer

Under New York Times v. Sullivan, a public figure must prove actual malice—that the defendant made the statement knowing it was false or with reckless disregard for its truth or falsity.

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar Torts