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Torts Flashcards

6 cards from real NJ BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Torts flashcards as text

  1. Under NJ's Tort Claims Act, a plaintiff suing a public entity must file a notice of tort claim within how many days of the accrual of the claim?

    Answer: 90 days

    The New Jersey Tort Claims Act requires a claimant to file a notice of claim against a public entity within 90 days of accrual, or the claim is generally barred.

  2. The learned hand formula in negligence evaluates the reasonableness of precaution by comparing the burden of precaution against the probability of harm multiplied by what?

    Answer: The magnitude of the potential harm

    Judge Learned Hand's B less than PL formula holds that a party is negligent if the burden of precaution is less than the probability times the magnitude of harm.

  3. Under the thin skull (eggshell plaintiff) rule, a tortfeasor is liable for what extent of a plaintiff's damages?

    Answer: The full extent of the plaintiff's actual harm, even if unforeseeable due to a pre-existing condition

    The eggshell plaintiff rule makes defendants liable for the full extent of harm actually suffered, even if the plaintiff's pre-existing vulnerability made the injury unusually severe.

  4. False imprisonment requires the intentional confinement of a plaintiff within bounded limits without consent and requires that the plaintiff be what?

    Answer: Aware of the confinement or harmed by it

    False imprisonment requires that the plaintiff was aware of the confinement while it occurred or suffered actual harm from it, even if unaware.

  5. In NJ, the statute of limitations for a personal injury tort claim is generally how many years from the date of accrual?

    Answer: 2 years

    N.J.S.A. 2A:14-2 establishes a two-year statute of limitations for personal injury claims in New Jersey.

  6. An unforeseeable intervening act by a third party that causes harm may be classified as what, potentially relieving the original tortfeasor of liability?

    Answer: A superseding cause that breaks the chain of proximate causation

    A superseding cause is an unforeseeable intervening act that breaks the chain of proximate causation, relieving the original tortfeasor of liability.

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