Bracci MPC Tips

Question 0

Bracci says every torts question will only focus on what?

Answer 0

One tort theory

Question 1

What are Bracci’s four steps to approaching a torts question?

Answer 1

• identify the THEORY
• look at PARTIES and special relationships or statuses
• ELIMINATE alternatives that speak to the wrong theory
• find the BEST definitional answer for the crucial element involved

Question 2

What is the priority for tort theories?

Answer 2

1. Intentional torts
2. Strict liability
3. Negligence

Question 3

Why is negligence the lowest on the priority for torts?

Answer 3

Negligence is the default that should only be used if there are no other grounds

Question 4

Why is strict liability a better theory to sue on than negligence?

Answer 4

Because it is easier to prove since you don’t have to prove breach

Question 5

Is intentional tort the best theory to sue on?

Answer 5

Yes because it is the easiest to prove since you don’t have to prove that damages were incurred and recovery is potentially the greatest because you have possible punitive damages

Question 6

If a question doesn’t tell you which tort is involved, and there’s more than one, how do you choose which one to go with?

Answer 6

Pick the one that is higher up in authority

Question 7

If the plaintiff can sue for either intentional or negligent tort, which one should you pick?

Answer 7

Intentional

Question 8

Bracci says you can expect to eliminate how many of the pics because they speak to the wrong theory?

Answer 8

1/3 to 1/2

Question 9

What is the rule about the specificity of the pick for choosing the right answer?

Answer 9

The more specific answer is better than the more general one

Question 10

If the best theory is intentional tort, what is the best answer?

Answer 10

The one that speaks to the intentional conduct of the defendant

Question 11

If the best theory is strict liability, what is the best answer?

Answer 11

The one that depends on the type of strict liability tort

Question 12

If the question deals with wild animals or abnormally dangerous activities, what is the best answer?

Answer 12

The one that speaks to the specific conduct of the defendant

Question 13

If the question is a strict product liability question, what is the best answer?

Answer 13

The one that speaks to the defect in the product

Question 14

If it is a negligence tort, what is the best answer?

Answer 14

The one that speaks to the reasonableness of defendant’s conduct

Question 15

What do most tort questions focus on?

Answer 15

The liability creating devices

Question 16

What is the proper name for a tort that involves wild animals or abnormally dangerous activity?

Answer 16

Strict liability

Question 17

If the tort relates to a product, what is its proper name?

Answer 17

“Strict liability in tort” or “strict product liability” (important for the graders to know this)