Anita Bernstein - Questions & Answers: Torts

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Questions & Answers :
TORTS

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Professor of Law and Director of Lawyering Skills & Values Program
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Dwight D. Opperman Professor of Law
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Elon University School of Law

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Jonathan D. Varat Distinguished Professor of Law
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Paul Marcus
Haynes Professor of Law
William and Mary Law School

John Sprankling
Distinguished Professor of Law
McGeorge School of Law

[i/ii]

Questions & Answers:
TORTS

Third Edition
Multiple Choice, Short Answers,
Essay Issue-Spotters, and
90-Minute Practice Final Exam

ANITA BERNSTEIN

Anita and Stuart Subotnick Professor of Law
Brooklyn Law School

[ii/iii]

ISBN: 978-0-7698-8190-4 (print)

ISBN: 978-0-7698-8192-8 (eBook)

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[iii/iv]

In memory of David P. Leonard
19522010

[v/vi]

The law of torts deals with an extremely broad range of human conduct. From punches in the nose to automobile accidents; from affronts to dignity to environmental pollution; from defective products to fraud. Not only must rules of tort law regulate vastly different types of potentially harmful behavior, but they must also be flexible enough to account for the almost limitless variety of fact patterns within each type. No two punches in the nose are exactly alike. And yet, the rules must be fashioned in such a way as to make the law at least reasonably predictable and the results of the cases both fair to individuals and conducive to social prosperity.

For these reasons, modern rules of tort law are written in broad strokes. They seldom seek to prescribe specific behavior in specific circumstances (always stop, look, and listen before crossing a railroad track). Rather, they set forth general principles to guide behavior in a variety of circumstances (always exercise reasonable care). Instead of purporting to tell us exactly what to do, they provide us with standards against which our conduct may be measured.

The generality of tort rules is what makes the study of tort law difficult. But tort is not unstructured. Every claim for relief and every affirmative defense has a set of required elements. These elements tell lawyers what they must allege and prove in order to demonstrate their clients entitlement to relief or why their clients should not be held responsible. It is your task to learn what these elements are and how to apply them to real and hypothetical fact patterns.

How can Questions and Answers: Torts help you in this task? Recognizing that torts coverage varies somewhat from school to school, instructor to instructor, and even day to day in the same course, this book follows a comparably varied path to give you what you need.

You will find a range of difficulty. Some questions are tough while others are pretty easy. A panel of second-year students who completed Torts successfully have assigned the Easy, Medium, and Hard ratings that you will find under Answers. To maximize the value of these rankings, the questions appear in the order of Easy Medium Hard with two exceptions: First, when a scenario yields more than one question you might find a harder question followed by an easier one. Second, the difficulty order on the Practice Final Exam is (purposely) random.

Multiple choice questions, which predominate in this book, always offer four alternatives and only rarely resort to something like none of the above. They might ask you to pick the best of a list, the worst of a list, the correct one of two contrary outcomes accompanied by the best rationale, or the story that illustrates a point of doctrine most effectively, as well as other routes to mastery of the material. Short-answer questions ask you to analyze scenarios or communicate discrete points. A little (simple) arithmetic comes up now and then just as it does for practicing lawyers. The Practice Final Exam simulates reality by not announcing up-front, the way the chapter headings do, which topics are being tested. Whether youre in your beginning or ending stage of pulling torts material together then, youll find coverage at a useful level.

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