MS Bar MS Bar Torts 2 — Questions and Answers
Question 1: Under Mississippi law, which of the following is a required element of a negligence claim?
- Malicious intent by the defendant
- Duty, breach, causation, and damages (Correct answer)
- Proof of prior similar conduct
- A written contract between the parties
Correct answer: Duty, breach, causation, and damages
Negligence in Mississippi requires proof of duty, breach of that duty, causation (actual and proximate), and resulting damages.
Question 2: In Mississippi, the 'eggshell plaintiff' rule provides that:
- Plaintiffs with pre-existing conditions cannot recover
- Defendants take plaintiffs as they find them, including pre-existing vulnerabilities (Correct answer)
- Damages are capped at a standard level regardless of plaintiff's condition
- Comparative fault is applied to pre-existing conditions
Correct answer: Defendants take plaintiffs as they find them, including pre-existing vulnerabilities
The eggshell plaintiff rule holds defendants liable for the full extent of a plaintiff's injuries even if pre-existing conditions made the plaintiff more susceptible to harm.
Question 3: Under Mississippi's Medical Malpractice Act, a plaintiff must file a notice of intent to sue how many days before filing suit?
- 30 days
- 60 days
- 90 days (Correct answer)
- 120 days
Correct answer: 90 days
Mississippi law requires a plaintiff to serve a 60-day notice of intent to sue before filing a medical malpractice lawsuit.
Question 4: In Mississippi, the standard for establishing defamation per se includes which of the following statements?
- Any false statement injures reputation
- Statements imputing a crime, loathsome disease, misconduct in office, or unfitness for trade (Correct answer)
- Only written defamatory statements about public figures
- Statements made with actual malice only
Correct answer: Statements imputing a crime, loathsome disease, misconduct in office, or unfitness for trade
Defamation per se in Mississippi includes statements imputing criminal conduct, a loathsome disease, misconduct in office, or unfitness for one's profession.
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?
- Negligence per se
- Res ipsa loquitur (Correct answer)
- Strict liability
- Respondeat superior
Correct answer: Res ipsa loquitur
Res ipsa loquitur allows an inference of negligence when the instrumentality was under defendant's control and the injury would not ordinarily occur absent negligence.
Question 6: Under Mississippi law, which cap applies to non-economic damages in most tort actions?
- $500,000
- $750,000 (Correct answer)
- $1,000,000
- No cap exists
Correct answer: $750,000
Mississippi caps non-economic damages in most tort actions at $750,000 under the tort reform statutes.
MS Bar MS Bar Torts 2
Under Mississippi law, which of the following is a required element of a negligence claim?