MS Bar MS Bar Torts 2

Question 1

Under Mississippi law, which of the following is a required element of a negligence claim?

Accepted Answer

Duty, breach, causation, and damages

Answer

Malicious intent by the defendant

Answer

Proof of prior similar conduct

Answer

A written contract between the parties

Question 2

In Mississippi, the 'eggshell plaintiff' rule provides that:

Accepted Answer

Defendants take plaintiffs as they find them, including pre-existing vulnerabilities

Answer

Plaintiffs with pre-existing conditions cannot recover

Answer

Damages are capped at a standard level regardless of plaintiff's condition

Answer

Comparative fault is applied to pre-existing conditions

Question 3

Under Mississippi's Medical Malpractice Act, a plaintiff must file a notice of intent to sue how many days before filing suit?

Accepted Answer

90 days

Answer

30 days

Answer

60 days

Answer

120 days

Question 4

In Mississippi, the standard for establishing defamation per se includes which of the following statements?

Accepted Answer

Statements imputing a crime, loathsome disease, misconduct in office, or unfitness for trade

Answer

Any false statement injures reputation

Answer

Only written defamatory statements about public figures

Answer

Statements made with actual malice only

Question 5

Under Mississippi law, which doctrine permits an inference of negligence when an instrumentality causing injury was under the exclusive control of the defendant?

Accepted Answer

Res ipsa loquitur

Answer

Negligence per se

Answer

Strict liability

Answer

Respondeat superior

Question 6

Under Mississippi law, which cap applies to non-economic damages in most tort actions?

Accepted Answer

$750,000

Answer

$500,000

Answer

$1,000,000

Answer

No cap exists