MT Bar Torts 2

Question 1

In Montana, which element is NOT required to prove defamation?

Accepted Answer

Malice in all cases

Answer

A false statement of fact

Answer

Publication to at least one third party

Answer

Damages (or presumed damages for defamation per se)

Question 2

A Montana plaintiff suing for intentional infliction of emotional distress (IIED) must show conduct that is:

Accepted Answer

Extreme and outrageous beyond all bounds of decency

Answer

Merely offensive or insensitive

Answer

Negligent and foreseeable

Answer

Directed at a third party only

Question 3

Under Montana's dram shop law (MCA § 27-1-710), a licensed alcohol vendor may be liable for injuries caused by an intoxicated patron if:

Accepted Answer

Both A and C

Answer

The vendor sold alcohol to a visibly intoxicated person

Answer

The vendor served alcohol to anyone who later drove

Answer

The patron was under 18 regardless of visible intoxication

Question 4

In Montana, which of the following is the correct standard for negligence per se?

Accepted Answer

Violation of a statute designed to protect a class of persons including plaintiff from the type of harm that occurred creates a presumption of negligence

Answer

Violation of any statute conclusively establishes negligence

Answer

Criminal statutes never establish negligence per se

Answer

Only federal regulations can create negligence per se

Question 5

Under Montana law, which doctrine imposes strict liability for abnormally dangerous activities?

Accepted Answer

Rylands v. Fletcher / Restatement § 519-520

Answer

Res ipsa loquitur

Answer

Respondeat superior

Answer

Assumption of the risk

Question 6

In a Montana medical malpractice case, a plaintiff generally must establish the standard of care through:

Accepted Answer

Expert testimony from a qualified medical professional

Answer

Common knowledge (the case speaks for itself)

Answer

The defendant physician's own testimony only

Answer

Published hospital guidelines