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

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:

Accepted Answer

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

Answer

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?

Accepted Answer

90 days

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Res ipsa loquitur

Answer

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.

(MS Bar) Mississippi Bar Exam Practice Test

(MS Bar) Mississippi Bar Exam Practice Test

MS Bar MS Bar Torts 2