Intentional Torts
Negligence
Products Liability
Exam Strategies
Halloween Trivia
400

(1) Acting to cause apprehension of imminent bodily harm, and (2) present apparent ability to cause that apprehension

What are the elements of assault?

400

These are the essential elements of negligence claims, and should be addressed on any exam relating to potential negligence.

What are duty, standard of care, breach, causation, and damages?

400

These are the three types of warranties you'll need to know for the final.

What are express warranties, implied warranties of fitness, and implied warranties of merchantability?

400

It's important to get enough of this the night before an exam.

What is (sleep / water / food / rest)?

400

The meaning of the word translates into "saint's evening."

What is Halloween?

800

All intentional torts require these three elements to be met.

What are intent, act, and causation?

800

This rule of negligence centers around an owner's knowledge of their animal's propensities towards dangerous activities.

What is the one-bite rule?

800

When is a manufacturer under a duty to make its items carefully for purposes of products negligence?

If the nature of an item is such that it will place life/limb in peril when negligently made, and there is added knowledge that the item will be used by people other than the purchaser

800

You should spend about 20% of your time doing this before starting your exam answer

What is outlining the answers?

800

This is the most popular halloween costume for pets (as of 2023).

What is a pumpkin?
1200

Mere reasonable force is justified when claiming this defense; deadly force is justified only when a threat to life is imminent.

What is defense of property?

1200

Liability for this type of activity is limited to the type of danger which it tends to pose.

What are abnormally dangerous activities? (e.g., blasting operation not liable for harm of sound/vibrations).

1200

This liability is generally set by legislatures, rather than courts, and has a more firm standard of proof than other negligence.

What is strict liability?

1200

These strategies limit distractions on MCQs and are an effective way to boost your scores on this section.

What are (a) eliminating obviously wrong answers and (b) reading the call of the question right away?

1200

Americans purchase (and consume) roughly this much candy by weight every Halloween.

What is 600 million pounds?

1600

This occurs only if a plaintiff was present and contemporaneously aware, a close relative or spouse, and if D knows the plaintiff was there.

What is BYSTANDER recovery for IIED?

1600

One justice takes a "narrow" approach to this element of negligence, while another takes a "broad" approach.

What is proximate causation? (Cardozo: narrow) (Andrews: broad)

1600

These five elements comprise the standards to meet a manufacturing defect claim.

Commercial manufacturer, Product differs from intended result, No change in nature of product since it left D’s possession, No change in nature before P’s injuries, and Causation/Damages.

1600

These small pieces of paper can help with memorizing concepts quickly.

What are flashcards?

1600

This is the number of bones present in the average human skeleton.

What is 206?

2000

Transferred intent applies to all intentional torts, except for one:

What is false imprisonment?

2000

This type of liability occurs when the happening of the event itself proves the prima facie negligence case.

What is res ipsa liability?

2000

This warranty cannot be disavowed by any seller of goods.

What is the implied warranty of merchantability?

2000
This is the single most important part of your exams (not a trick question)

Issue spot and analyze!

2000

This is totally not spooky and absolutely attainable!

What is doing well on finals?

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