WV Bar Torts 3

Question 1

In West Virginia, which of the following is a recognized defamation per se category requiring no proof of actual damages?

Accepted Answer

False statements that a person committed a crime of moral turpitude

Answer

Defamation per se includes false accusations of criminal conduct, loathsome disease, professional incompetence, and sexual misconduct — these are so inherently harmful that damages are presumed.

Question 2

The res ipsa loquitur doctrine in negligence cases allows an inference of negligence when:

Accepted Answer

The accident does not ordinarily occur without negligence and the defendant controlled the instrumentality

Answer

Res ipsa loquitur requires that the type of harm ordinarily would not occur without negligence and that the defendant had exclusive control over the instrumentality causing harm.

Question 3

West Virginia's fireman's rule bars recovery by a firefighter injured by:

Accepted Answer

The very negligence that created the emergency requiring their response

Answer

The fireman's rule bars firefighters and police officers from suing for injuries caused by the very negligence that necessitated their professional emergency response.

Question 4

Proximate cause in West Virginia tort law is generally established by asking whether:

Accepted Answer

The harm was a foreseeable result of the defendant's negligent conduct

Answer

Proximate cause requires that the plaintiff's injury was a reasonably foreseeable consequence of the defendant's negligent act, cutting off liability for unforeseeable consequences.

Question 5

Under West Virginia law, a claim for loss of consortium belongs to:

Accepted Answer

The spouse or close family member of the injured plaintiff

Answer

Loss of consortium is a derivative claim belonging to the spouse or, in some cases, close family members of an injured plaintiff for loss of companionship, services, and affection.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Torts 3