MT Bar Torts 2

Question 1

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

Accepted Answer

Malice in all cases

Answer

Malice is required only when the plaintiff is a public figure or the statement involves a matter of public concern; private plaintiffs need only show negligence.

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

IIED in Montana requires proof of extreme and outrageous conduct that goes beyond all possible bounds of decency and is utterly intolerable in a civilized community.

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

Montana's dram shop statute imposes liability on vendors who serve visibly intoxicated persons or minors, and the intoxication is a proximate cause of the plaintiff's injuries.

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

Montana applies negligence per se when a party violates a statute designed to protect a class of persons that includes the plaintiff from the specific type of harm that occurred.

Question 5

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

Accepted Answer

Rylands v. Fletcher / Restatement § 519-520

Answer

Montana follows the Restatement (Second) of Torts §§ 519-520, imposing strict liability on those who carry on abnormally dangerous activities that cannot be made safe by any amount of care.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Torts 2