NJ Bar Torts 3

Question 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?

Accepted Answer

90 days

Answer

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.

Question 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?

Accepted Answer

The magnitude of the potential harm

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

Aware of the confinement or harmed by it

Answer

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

Question 5

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

Accepted Answer

2 years

Answer

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

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Torts 3