NY Bar Torts 2

Question 1

To establish defamation, a private figure plaintiff suing on a matter of public concern must prove:

Accepted Answer

At least negligence with respect to the truth of the statement

Answer

Under Gertz v. Robert Welch, private figure plaintiffs need only prove negligence regarding falsity (not actual malice) when suing on a matter of public concern, though actual malice is required for presumed or punitive damages.

Question 2

The tort of intentional infliction of emotional distress requires that the defendant's conduct be:

Accepted Answer

Extreme and outrageous, intentionally or recklessly causing severe emotional distress

Answer

IIED requires conduct so outrageous it exceeds all bounds of decency tolerated by society, done intentionally or recklessly, that causes severe emotional distress.

Question 3

Under New York law, joint and several liability means that when multiple defendants are liable:

Accepted Answer

Each defendant may be required to pay the entire judgment

Answer

Under traditional joint and several liability, each of multiple tortfeasors is individually liable for the entire judgment, allowing the plaintiff to recover 100% from any one defendant.

Question 4

In a products liability design defect case, the consumer expectation test asks whether:

Accepted Answer

The product failed to perform as safely as an ordinary consumer would expect

Answer

The consumer expectation test for design defect asks whether the product performed as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.

Question 5

A defendant is liable for battery when they intentionally cause:

Accepted Answer

Harmful or offensive contact with the plaintiff's person

Answer

Battery requires intentional harmful or offensive contact with the plaintiff's person; the defendant need not intend harm, only the contact itself.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Torts 2