MO Bar Torts 3

Question 1

In a defamation claim by a private plaintiff on a matter of private concern, the plaintiff must prove:

Accepted Answer

Negligence and actual damages for defamation per quod; no proof of damages needed for defamation per se

Answer

Actual malice — knowing falsity or reckless disregard for the truth

Answer

Strict liability — no fault required

Answer

Only that the statement was false and identified the plaintiff

Question 2

Under Missouri's comparative fault system, the plaintiff is barred from recovery if their own fault:

Accepted Answer

Missouri follows pure comparative fault with no bar

Answer

Exceeds 0% (contributory negligence rule)

Answer

Equals or exceeds 51%

Answer

Exceeds 50%

Question 3

Which doctrine holds an employer liable for the torts of an employee committed within the scope of employment?

Accepted Answer

Respondeat superior

Answer

Strict liability

Answer

Attractive nuisance

Answer

Joint and several liability

Question 4

A 'design defect' in a products liability case under the consumer expectations test exists when:

Accepted Answer

The product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner

Answer

The product's design posed risks that outweighed its utility under a cost-benefit analysis

Answer

The manufacturer knew about the defect before sale

Answer

The product lacked adequate warnings about all potential risks

Question 5

For a plaintiff to recover for false imprisonment, which element is required?

Accepted Answer

The plaintiff must have been aware of the confinement or suffered harm from it

Answer

The plaintiff must have been physically restrained using force

Answer

The confinement must have lasted for more than one hour

Answer

The defendant must have used locked doors or physical barriers

Question 6

A public figure suing for defamation must prove 'actual malice,' which means:

Accepted Answer

Knowledge that the statement was false or reckless disregard for its truth or falsity

Answer

Personal animosity or hatred toward the plaintiff

Answer

Intentional infliction of harm through the statement

Answer

Gross negligence in failing to verify the statement's accuracy

Question 7

The 'rescue doctrine' in tort law provides that:

Accepted Answer

A negligent defendant who endangers a person is also liable to a rescuer who is injured attempting the rescue

Answer

Rescuers assume the risk of injury and cannot sue the person they rescue

Answer

Professional rescuers (firefighters, police) may never sue for injuries sustained on duty

Answer

A rescuer's contributory negligence completely bars their recovery