NALA Torts & Personal Injury Law 1

Question 1

What are the four essential elements a plaintiff must prove to establish a negligence claim?

Accepted Answer

Duty, breach, causation, and damages

Answer

To prove negligence, a plaintiff must establish: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused the injury, and (4) the plaintiff suffered damages.

Question 2

Under the 'reasonable person' standard in tort law, conduct is measured against:

Accepted Answer

An objective, ordinary person exercising ordinary care

Answer

The reasonable person standard is an objective test measuring conduct against a hypothetical ordinary person exercising ordinary prudence, not the subjective state of the actual defendant.

Question 3

Which doctrine holds that a tortfeasor takes the victim 'as they find them,' making the defendant liable for all consequences even if the victim had a pre-existing condition?

Accepted Answer

Eggshell skull (thin skull) rule

Answer

The eggshell skull rule makes a defendant liable for the full extent of a plaintiff's injuries even if those injuries are more severe due to a pre-existing vulnerability the defendant could not foresee.

Question 4

In tort law, which of the following best defines 'battery'?

Accepted Answer

Intentional harmful or offensive contact with another person without consent

Answer

Battery is the intentional, harmful, or offensive contact with another person without consent; it requires actual contact, unlike assault which requires only the apprehension of contact.

Question 5

Under pure comparative negligence, if a plaintiff is 30% at fault and total damages are $100,000, how much can the plaintiff recover?

Accepted Answer

$70,000 — total damages reduced by the plaintiff's fault percentage

Answer

Under pure comparative negligence, the plaintiff's recovery is reduced proportionally by their own fault; a 30%-at-fault plaintiff recovers 70% of $100,000, or $70,000.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Torts & Personal Injury Law 1