NALA Torts & Personal Injury Law 3

Question 1

Under the traditional contributory negligence doctrine, if the plaintiff is found even slightly at fault for their own injury:

Accepted Answer

They are completely barred from any recovery

Answer

Under traditional contributory negligence, any negligence by the plaintiff — even 1% — completely bars their recovery; this harsh rule has been replaced by comparative fault in most jurisdictions.

Question 2

The assumption of risk defense in tort law requires that the plaintiff:

Accepted Answer

Voluntarily and knowingly encountered a known risk

Answer

Assumption of risk bars recovery when the plaintiff voluntarily and knowingly exposed themselves to a known risk; both elements — knowledge and voluntariness — must be present.

Question 3

Under the negligence per se doctrine, a defendant's violation of a statute establishes breach when:

Accepted Answer

The plaintiff is in the class the statute protects and suffered the type of harm the statute was designed to prevent

Answer

Negligence per se allows a statutory violation to establish the breach element of negligence if the plaintiff belongs to the class the statute protects and suffered the harm the statute was designed to prevent.

Question 4

In a strict products liability claim under Restatement (Second) of Torts § 402A, the plaintiff's most critical showing is that:

Accepted Answer

The product was in a defective condition unreasonably dangerous when it left the defendant's control

Answer

Section 402A strict products liability focuses on whether the product was defective (manufacturing, design, or warning defect) when it left the defendant's control; the manufacturer's care is irrelevant.

Question 5

Compensatory damages in a personal injury tort case are intended to:

Accepted Answer

Make the plaintiff whole by reimbursing actual economic and non-economic losses

Answer

Compensatory damages are designed to make the plaintiff whole by covering actual losses — both economic (medical expenses, lost wages) and non-economic (pain and suffering, emotional distress).

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Torts & Personal Injury Law 3