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Student ID: __________________

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Final Exam Raw Score: ___________/45
Performance: _________________
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Torts II Final Exam – Fall 2023

Prof. Kamarchik
Assessment Rubric
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Multiple Choice Results g
_____/10

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Fill-In-The-Blank Results _____/5
True/False Results _____/5
Essay #1: Written in CRAC form and addresses each of the three statements at _____/10
issue; general rules define defamation, state five elements of
Defamation
defamation, and distinguish between slander and libel; includes
rules about mere opinion, substantial truth, and the affirmative
defense of truth; may include rules related to qualified privilege or
defamatory-proof plaintiff. Writer then applies these rules to each of
the three statements to determine that Statements 1 and 3 are not
actionable, but Statement 2 may be actionable slander depending on
whether it is substantially true.
Essay #2: Written in CRAC form and addresses each of the three theories of 16
_____/10
recovery for products liability (negligence, warranties, strict
Products Liability
liability); includes elements of negligence theory; defines implied
(merchantability and fitness) and express warranty theories; may
include disclaimer rules; observes that privity not required to sue
manufacturer SafeRide; includes rule of vicarious liability for suit
against sellers Stan and REI; states that N.C. does not allow strict
liability theory of recovery for products liability cases; includes
defenses for negligence and warranty theories (contributory
negligence, assumption of the risk, alteration/modification/misuse
and failure to observe routine care and maintenance and defying
instructions/warnings in N.C.); may include SOL/SOR. Writer then
applies these rules to the key facts to predict that Carmella may
pursue negligence and breach of warranty theories only, but she may
be barred by contributory negligence, misuse, and failure to observe
routine care and maintenance.
Essay Writing Skill Clarity is the polar star by which legal readers judge legal writing. 5
_____/5
Legal writers must: (1) balance precision and concision; (2) avoid
making their readers infer rules, facts, or the connections between
them; (3) adhere to the rules and conventions that govern grammar,
punctuation, organization, and tone. While a reader may not mark
each error or point of confusion, the reader would notice them. The
more writing issues there are, the harder it is for the reader to
navigate the writing smoothly. Make time, every time, to revise and
polish your writing. Avoid writing rules that are inapplicable to the
problem (i.e., “rule-dumping”). Connect the language from the
rules to each key fact, being careful not to ignore any key facts.
FINAL EXAM SCORE: ↑3
______45