Class 3: MC Practice Questions: Torts: To: de Cardenas, Gaston L.

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8/20/2021 Mail - De Cardenas, Gaston L.

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Class 3: MC Practice Questions: TORTS


TORTS <notifications@instructure.com>
Thu 8/19/2021 1:18 PM
To: De Cardenas, Gaston L. <GDeCardenas@STU.EDU>

Going forward, we'll review two MBE multiple choice questions each class. Do not
submit your responses, just come prepared to share your selections and reasoning at
the start of class:

1. During a deer-hunting season open to rifle hunters, a hunter saw a deer in the
forest. He shot his rifle at the deer, hoping to hit and kill it. Instead, he hit and injured a
hiker. The hunter had not realized that the hiker was there.

Does the injured hiker have an actionable battery claim against the hunter?

1. No, because the hunter did not intend to shoot the hiker.
2. No, because the hunter did not make direct physical contact with the hiker.
3. Yes, because the bullet from the hunter’s rifle made direct physical contact with
the hiker.
4. Yes, because the hunter intentionally shot the rifle.

2. A mother and her six-year-old child were on a walk when the mother stopped to talk
with an elderly neighbor. Because the child resented having his mother's attention
diverted by the neighbor, the child angrily threw himself against the neighbor and
knocked her to the ground. The neighbor suffered a broken wrist as a result of the fall.

In an action for battery by the neighbor against the child, what is the strongest
argument for liability?

1. The child intended to throw himself against the neighbor.


2. The child was old enough to appreciate that causing a fall could inflict serious
injury.
3. The child was old enough to appreciate the riskiness of his conduct.
4. The child was not justified in his anger.

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