JD Torts

Question 1

Which element is NOT required to establish a negligence claim?

Accepted Answer

Intent to cause harm

Answer

Negligence requires duty, breach, causation, and damages — intent to harm is not an element; negligence is based on unreasonable conduct, not purposeful wrongdoing.

Question 2

The 'reasonable person' standard in negligence law asks whether the defendant acted as:

Accepted Answer

A person of ordinary prudence under the same or similar circumstances

Answer

The reasonable person standard is objective, measuring conduct against what a person of ordinary prudence would do in the same or similar circumstances.

Question 3

Under the doctrine of res ipsa loquitur, a plaintiff may establish negligence without direct proof when:

Accepted Answer

The type of accident ordinarily does not occur without negligence and the defendant had exclusive control

Answer

Res ipsa loquitur ('the thing speaks for itself') permits an inference of negligence when: (1) the event normally doesn't occur without negligence, (2) the defendant had exclusive control, and (3) the plaintiff did not contribute.

Question 4

In strict products liability under Restatement (Second) of Torts § 402A, a seller is liable for harm caused by a product that is:

Accepted Answer

Unreasonably dangerous due to a defective condition

Answer

Section 402A imposes strict liability on sellers of products in a defective condition unreasonably dangerous to the user or consumer, regardless of the seller's care.

Question 5

Which intentional tort consists of an intentional act causing reasonable apprehension of an imminent harmful or offensive contact?

Accepted Answer

Assault

Answer

Assault is an intentional act that causes the plaintiff to reasonably apprehend an imminent harmful or offensive contact with their person.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Torts