AZ Bar Torts

Question 1

What are the four elements a plaintiff must prove to establish a negligence claim?

Accepted Answer

Duty, breach, causation, and damages

Answer

Intent, act, causation, and harm

Answer

Duty, knowledge, foreseeability, and injury

Answer

Breach, intent, proximate cause, and damages

Question 2

Under the traditional common law rule, what duty does a landowner owe to a trespasser?

Accepted Answer

A duty to refrain from willful or wanton injury

Answer

A duty of reasonable care under the circumstances

Answer

A duty to warn of all known dangers on the property

Answer

No legal duty whatsoever

Question 3

The 'reasonable person' standard in negligence is best described as:

Accepted Answer

What an ordinary person of ordinary prudence would do under similar circumstances

Answer

What the defendant subjectively believed was reasonable under the circumstances

Answer

What a highly skilled professional would do in the same situation

Answer

What the average community member would prefer as a matter of policy

Question 4

Under the 'but-for' test of actual causation, a defendant's conduct is the cause in fact of the plaintiff's harm if:

Accepted Answer

The harm would not have occurred but for the defendant's negligent conduct

Answer

The defendant's conduct was the most significant contributing cause of the harm

Answer

The defendant's conduct materially increased the risk of the plaintiff's harm

Answer

A reasonable person would foresee the defendant's conduct causing this type of harm

Question 5

Which doctrine allows a court to infer negligence from the fact of an accident without direct proof of specific negligent acts?

Accepted Answer

Res ipsa loquitur

Answer

Negligence per se

Answer

Respondeat superior

Answer

Last clear chance

Question 6

Negligence per se is established when a defendant violates a statute and:

Accepted Answer

The plaintiff is in the class protected by the statute and suffers the type of harm it was designed to prevent

Answer

The defendant's conduct shocks the conscience of the court

Answer

The defendant violates any law, regardless of the class of persons protected

Answer

The court finds the defendant acted with reckless disregard for public safety

Question 7

Which of the following best describes proximate (legal) cause in negligence law?

Accepted Answer

A policy-based limitation on liability for harms that are too remote or unforeseeable

Answer

The factual link between the defendant's conduct and the plaintiff's harm

Answer

The requirement that the defendant's act directly and immediately cause the plaintiff's injury

Answer

The standard used to determine whether a duty of care exists between the parties