OK Bar Torts and Negligence 4

Question 1

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

Accepted Answer

Defamation per se, allowing presumed damages

Answer

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

Question 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:

Accepted Answer

Intentional infliction of emotional distress based on extreme and outrageous conduct

Answer

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

Question 3

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

Accepted Answer

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

Answer

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

Question 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:

Accepted Answer

The substantial factor test

Answer

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

Question 5

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

Accepted Answer

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

Answer

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

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Torts and Negligence 4