AL Bar Torts

Question 1

To establish negligence, a plaintiff must prove duty, breach, causation, and damages. The 'but-for' test establishes:

Accepted Answer

Actual cause (cause-in-fact)

Answer

The but-for test for actual cause asks whether the plaintiff's injury would have occurred but for the defendant's negligent conduct.

Question 2

A public figure bringing a defamation claim under New York Times v. Sullivan must prove the defendant acted with:

Accepted Answer

Actual malice—knowledge of falsity or reckless disregard for truth

Answer

Public figures must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Question 3

Under strict products liability, a manufacturer is liable for a defective product when the product is:

Accepted Answer

Defective and the defect causes harm when the product is used as intended

Answer

Strict liability under Restatement (Second) § 402A applies when a product in a defective condition unreasonably dangerous causes harm during intended use.

Question 4

Intentional infliction of emotional distress requires conduct that is:

Accepted Answer

Extreme and outrageous, intentional or reckless, and causes severe emotional distress

Answer

IIED requires outrageous conduct beyond all reasonable bounds of decency, committed intentionally or recklessly, that actually causes severe emotional distress.

Question 5

Under Alabama's contributory negligence doctrine, a plaintiff who is even slightly negligent:

Accepted Answer

Is completely barred from recovery

Answer

Alabama follows pure contributory negligence, under which any negligence by the plaintiff, however slight, completely bars recovery.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Torts