Torts Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
A newspaper publishes a false story stating that a local businesswoman embezzled funds. The businesswoman is not a public figure. To recover for defamation, which standard of fault must she prove?
Answer: Negligence
Under Gertz v. Robert Welch, private figures need only prove negligence to recover for defamation, not actual malice.
A landlord fails to repair a broken stair railing despite multiple tenant complaints. A guest of a tenant falls and is injured. The jurisdiction follows the modern trend regarding landlord liability. Which result is most likely?
Answer: The landlord is liable for failure to maintain common areas in reasonably safe condition.
Under the modern trend, landlords owe a duty of reasonable care to maintain common areas, extending protection to tenant guests.
A defendant publishes truthful but highly private facts about a plaintiff's past drug addiction on a public website. The plaintiff sues for invasion of privacy. Which tort theory is most applicable?
Answer: Public disclosure of private facts
Public disclosure of private facts involves publishing true but private information that a reasonable person would find highly offensive.
A manufacturer produces a painkiller that causes liver damage when taken as directed. No manufacturing defect exists; the drug is made exactly as designed. Plaintiffs sue under products liability. Which theory is most applicable?
Answer: Design defect
When a product is made as designed but the design itself causes harm, the appropriate theory is design defect.
A plaintiff asserts intentional infliction of emotional distress (IIED) against a debt collector who called her daily for six months using profanity and threats. Which element is most likely satisfied here?
Answer: Extreme and outrageous conduct
Persistent, abusive harassment by a creditor can constitute extreme and outrageous conduct sufficient for IIED.
A driver negligently causes an accident, injuring a bystander. An off-duty nurse stops to help and negligently provides first aid, worsening the injury. Which doctrine best addresses the original driver's liability for the nurse's negligent act?
Answer: The driver remains liable because negligent medical treatment is a foreseeable intervening cause.
Negligent medical treatment of an accident victim is a foreseeable intervening cause that does not break the chain of causation from the original tortfeasor.
Two hunters simultaneously and independently fire negligently in a field. One bullet strikes the plaintiff, but it cannot be determined whose bullet caused the injury. Under the alternative liability doctrine, what is the result?
Answer: Both hunters are jointly and severally liable, and the burden shifts to them to exculpate themselves.
Under Summers v. Tice, when all negligent defendants are before the court and causation is uncertain, the burden shifts to defendants to prove they did not cause the harm.