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Torts and Negligence Flashcards

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

Read the first 7 Torts and Negligence flashcards as text

  1. A newspaper publishes a false statement accusing a private citizen of embezzlement. Because the statement imputes a crime, it is:

    Answer: Defamation per se, allowing presumed damages

    Falsely imputing a crime of moral turpitude is defamatory per se, so damages may be presumed.

  2. A defendant repeatedly makes late-night threatening phone calls to the plaintiff over several months, causing severe anxiety requiring treatment. The strongest claim is:

    Answer: Intentional infliction of emotional distress based on extreme and outrageous conduct

    A sustained campaign of threatening conduct can qualify as extreme and outrageous behavior supporting an IIED claim.

  3. Under Oklahoma's attractive nuisance doctrine, a landowner may be liable to a trespassing child if:

    Answer: An artificial condition posed a foreseeable risk to children too young to appreciate the danger

    Attractive nuisance applies to artificial conditions likely to attract children who cannot appreciate the risk.

  4. Two defendants negligently start separate fires that merge and destroy the plaintiff's barn; either fire alone would have destroyed it. Causation is established by:

    Answer: The substantial factor test

    When multiple sufficient causes combine, each defendant is liable if their conduct was a substantial factor in the harm.

  5. In Oklahoma, punitive damages in a tort case generally require the plaintiff to show by clear and convincing evidence that the defendant acted:

    Answer: With reckless disregard for the rights of others, or intentionally and with malice

    Oklahoma's punitive damages statute requires clear and convincing proof of reckless disregard or intentional malicious conduct.

  6. A bailee refuses to return the plaintiff's car and sells it to a third party. The plaintiff's best tort claim for the full value of the car is:

    Answer: Conversion

    Conversion lies for serious interference with personal property that justifies a forced sale at full value.

  7. A driver suffers an unforeseeable sudden heart attack and crashes into the plaintiff. The driver is most likely:

    Answer: Not liable, because an unforeseeable medical emergency negates breach of duty

    A sudden, unforeseeable incapacity is not a breach of the reasonable person standard.