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Question;Question;1;Multiple Dwellings Corporation (MDC) owns an apartment;building. MDC must use reasonable care to ensure that its tenants are not;injured. MDC fails to fix the ceiling when the ceiling starts fall apart;and one of the tenants is hit on the head by an object that falls through;the broken ceiling. The tenant most likely has a claim against MDC for;A.;negligence.;B.;battery.;C.;trespass.;D.;intentional infliction of;emotional distress.;2 points;Question;2;Common law rules develop from;A.;decisions of the courts in legal;disputes.;B.;regulations issued by;administrative agencies.;C.;statutes enacted by Congress and;the state legislatures.;D.;uniform laws drafted by legal;scholars.;2 points;Question;3;Fact Pattern for Questions 3 and 4;Moony and Zaco are great friends. They are aliens from the planet Xintar;who landed in the United States ten years ago. One day, the two friends;decide to go swimming at the local pool. The pool has a sign which states;swim at your own risk". The sign further provides that swimming;is a dangerous activity and since there is no lifeguard on duty, the;swimmers risk drowning. The friends read the sign and laugh. Xintar is;filled with rivers and lakes. They swam practically every day before they;came to earth. They believe themselves to be much stronger than average;earthlings.;While they are in the pool, there is an accident with some of the wires;off to the side of the pool. The wires explode electricity, which hits;Moony's body and damages his organs. As a result of the accident, Moony;suffers greatly and is hospitalized for three months. He sues the owners;of the pool for damages for hospitals costs, pain and suffering, and his;lost income. You are the attorney for the owners of the pool. Which of the following;defenses will you assert? (Please pick the best defense.);A.;Moony has only been in the United;States for ten years, and is not yet a citizen. The laws of the United States;do not apply to Moony, so he cannot sue in court.;B.;Moony assumed the risks of;swimming in the pool.;C.;Moony is guilty of negligence per;se.;D.;Res ipsa loquiter (i.e. the thing speaks for itself);2 points;Question;4;Fact Pattern for Questions 3 and 4;Moony and Zaco are great friends. They are;aliens from the planet Xintar who landed in the United States ten years;ago. One day, the two friends decide to go swimming at the local pool. The;pool has a sign which states ?swim at your own risk?. The sign further;provides that swimming is a dangerous activity and since there is no;lifeguard on duty, the swimmers risk drowning. The friends read the sign;and laugh. Xintar is filled with rivers and lakes. They swam practically;every day before they came to earth. They believe themselves to be much;stronger than average earthlings.;While they are in the pool, there is an accident;with some of the wires off to the side of the pool. The wires explode;electricity, which hits Moony?s body and damages his organs. As a result;of the accident, Moony suffers greatly and is hospitalized for three;months. He sues the owners of the pool for damages for hospitals costs;pain and suffering, and his lost income.It turns out that the accident with the wires was partially caused by;Moony. There is clear, undisputed evidence that the wires were initially 5;feet away from the pool and Moony brought them closer to the pool because;he wanted to play a game with them. As such, the owners of the pool have;asserted the defense of contributory negligence. You are the attorney for;Moony. There is no way to dispute the evidence of Moony's negligence.;Which of the following arguments should you make? (Please pick the best;argument.);A.;This is not a jurisdiction that;uses the contributory negligence doctrine. It uses the comparative negligence;doctrine.;B.;Moony assumed the risks of;swimming in the pool.;C.;Moony is unaware of the laws in;the United States.;D.;Moony did not realize that it was;dangerous to put the wires so close to the pool.;2 points;Question;5;Arthur pushes Jeffrey. As a result, Jeffrey falls and;breaks his arm. Arthur will be liable for the injury;A.;if Arthur intended to push;Jeffrey.;B.;only if Arthur did not intend to;break Jeffrey's arm.;C.;only if Arthur had a bad motive;for pushing Jeffrey.;D.;only if Arthur intended to break;Jeffrey's arm.;2 points;Question;6;Moony sneaks into Zaco's house, sneaks into the bedroom;where Zaco is taking a nap, hits Zaco on the head and runs away. Zaco, who;is a deep sleeper, sleeps through the entire episode without realizing;what happened. There are no marks on his head and he has no idea that;Moony had been in his home. Finally, 6 months later, Zaco watches the home;security video from that day and sees what Moony did to him. He goes to;the hospital and finds that he has been damaged by Moony's attack. His;brain was damaged, and he is no longer as intelligent as he used to be! He;becomes very angry. He runs to Moony's house and punches Moony. Moony goes;to court and sues Zaco, and Zaco likewise sues Moony. Which of the;following is true?;A.;Zaco has legitimate claims against;Moony for trespass, assault and battery.;B.;Moony has no legitimate claims;against Zaco.;C.;Zaco has only one legitimate claim;against Moony.;D.;None of the above.;2 points;Question;7;Betty the Monkey owns a large ranch in Colorado. Dan;the Turtle drives his sport utility vehicle off a highway and onto Betty's;land. Dan commits trespass if he;A.;does not have Betty's permission;to drive on the property.;B.;drives onto the property for;recreational purposes.;C.;harms the property in a material;way.;D.;knew that it was Betty's property.;2 points;Question;8;Steve, a television news reporter, knowingly broadcasts;an untrue story claiming that Medi-Drugs, Inc., mar?kets a medicine for;children that contains highly addictive drugs. Medi-Drugs, Inc. loses a;lot of business as a result of this story. Steve is most likely liable for;A.;negligence.;B.;defamation.;C.;breach of contract.;D.;strict liability.;2 points;Question;9;One day, while Zaco was visiting Moony's house, the;ceiling caved in and hit Zaco in the head. Zaco sued Moony for negligence.;The case went all the way up to the Unites States Supreme Court. The;Supreme Court held that Moony was negligent. A few years later, the;friends make up and begin visiting each other again. Moony is at Zaco's;house one day when the ceiling caves in and hits him in the head. He;decides to sue Zaco for negligence. Under the doctrine of stare decisis;the court will most likely;A.;hold that Zaco was negligent.;B.;hold that Moony "had it;coming" and is not entitled to any damages.;C.;throw the case out of court.;D.;require Zaco and Moony to enter;alien counseling!;2 points;Question;10;A disadvantage of mediation is;A.;Mediators are the smartest people;in the United States.;B.;Mediation is much more expensive;than is litigation in court.;C.;Mediation is much cheaper than is;litigation in court.;D.;None of the above;2 points;Question;11;Public law includes;A.;the prosecution of private;individuals by other private individuals.;B.;the prosecution of public;officials by private individuals.;C.;wrongs committed against the;public as a whole.;D.;the relief available when a;person's rights are violated.;2 points;Question;12;You own a small hardware store. The large superstore;Monkey-Mart" moves into your neighborhood. The prices are very;low, and you start to lose your customers to Monkey-Mart. You are worried;about your future. One day, you find out that Monkey-Mart abuses monkeys.;You are shocked! You immediately begin spreading this information to;anyone who will listen. Monkey-Mart begins to lose its customers, and sues;you for defamation. Which of the following is the best defense that you;can utilize in this case?;A.;This is a free market and I have;the freedom to defend my business!;B.;I was telling the truth!;C.;Monkey-Mart is still making money!;It is still making a profit, even if the profit is smaller than before.;D.;Monkey-Mart is a big company and I;am just a small business owner!;2 points;Question;13;Fact Pattern for Questions 13 and 14;Cindy walks into a room in Jessica's house and the door locks behind her.;She screams for help. Jessica hears her and laughs. Cindy is locked in the;room for ten days before Jessica lets her out. Cindy sues Jessica for;false imprisonment.Which of the following is true?;A.;Cindy cannot win this case because;Jessica did not cause the door to lock.;B.;Cindy can win this case even;though Jessica did not cause the door to lock.;C.;Jessica did nothing wrong legally.;D.;None of the above.;2 points;Question;14;Fact Pattern for Questions 13 and 14;Cindy walks into a room in Jessica?s house and the door locks behind her.;She screams for help. Jessica hears her and laughs. Cindy is locked in the;room for ten days before Jessica lets her out. Cindy sues Jessica for;false imprisonment.They go to arbitration and Cindy wins. Jessica cannot believe the;arbitrator's decision, and wants to appeal the case in court. Which of the;following is true?;A.;The court must take this case.;B.;The court cannot take this case.;C.;The court may take this case.;D.;Arbitration decisions are not;binding under the law.;2 points;Question;15;In order to prevail in a negligence lawsuit, the;plaintiff must establish four key elements. These elements include;A.;causation.;B.;duty of care.;C.;breach of duty.;D.;all of the above.;2 points;Question;16;Jennifer decides to borrow her neighbor's car without;his permission. She gets into an accident and the car is destroyed. The;neighbor has a good claim against Jennifer for the intentional tort of;A.;Appropriation.;B.;Libel per se.;C.;Conversion.;D.;Negligence.;2 points;Question;17;Moony and Zaco are in court again! They entered into a;contract with a human named Alfred, and are suing for breach of contract because;Alfred refused to give them the painting that he had agreed to sell to;them under the contract. Alfred is willing to return their money, but;Moony and Zaco are requesting specific performance. Is specific;performance appropriate in this case?;A.;Probably, because a painting is a;unique good.;B.;No, because specific performance;is not appropriate for personal service contracts.;C.;No, because specific performance;is not an appropriate remedy for breach of contract.;D.;No, because Alfred is willing to;return their money.;2 points;Question;18;In the above case, the judge decides to invalidate the;contract (so that Alfred does not need to meet his obligations under the;contract). The judge cites a Florida Statute that went into effect after;Moony, Zaco and Alfred entered into the contract. The statute states that;humans are not allowed to sell paintings to aliens. (Moony and Zaco are;aliens.) Moony and Zaco decide to appeal the judge's decision. Which of;the following is the best argument that Moony and Zaco can make?;A.;Alfred carried a pocket knife when;he was a school boy - he is a known criminal!;B.;The judge violated the First;Amendment's protection of free speech.;C.;The painting was one of a kind!;D.;The Florida Statute is;unconstitutional because it violates the Contract Clause.;2 points;Question;19;Everyone is mad at Monkey-Mart. In response, Florida;passes a law limiting a company's right put up billboard signs advertising;monkeys. Monkey-Mart does so anyway, and gets fined by the state.;Monkey-Mart refuses to pay the fine, arguing in court that the law is;unconstitutional because it violates the freedom of speech. You are the;lawyer representing Florida. What is your best response?;A.;The law regulates political;speech, and such regulation has no protection under the constitution.;B.;The law regulates commercial;speech, and (1) the government has a rational and substantial interest in;restricting the regulated speech, (2) the restriction directly advances the government;interest, and (3) the restriction is narrowly tailored and thus is not more;extensive than necessary to serve the government's interest.;C.;The law does not violate the;Establishment Clause.;D.;Monkey-Mart is guilty of false;advertising.;2 points;Question;20;Wendy fires a gun during class. The shot hits the;teacher, but does not hit any of the students. Based on these facts, which;of the following claims can be legitimately made against Wendy by the;other students?;A.;Intentional infliction of;emotional distress.;B.;Assault and battery.;C.;Appropriation.;D.;Libel per se.;2 points;Question;21;A judge;A.;is not allowed to interpret;statutes.;B.;may strike down a federal statute;if it is unconstitutional.;C.;may strike down a constitutional;amendment if it contradicts an international treaty.;D.;Both (b) and (c).;2 points;Question;22;Moony and Zaco love to wrestle with each other. One;day, Moony gets hurt and has to go to the hospital. He sues Zaco for battery.;What is Zaco's best defense?;A.;Truth.;B.;Consent.;C.;Absolute privilege.;D.;None of the above is a defense to;battery.;2 points;Question;23;Fact Pattern for Questions 23 - 25;Moony drops the above case, but he is still very mad about what happened.;He decides to get even with Zaco. He runs up to him and takes a flying;leap. Unfortunately, he misses, and ends up landing on a small boy named;Alfred. Alfred is holding a pocket knife, and it tears into Moony;accidentally. Moony once again ends up in the hospital!Zaco is now mad and wants to sue Moony. What is his best claim?;A.;Defamation;B.;Battery;C.;Assault;D.;Both (b) and (c).;2 points;Question;24;Fact Pattern for Questions 23 - 25;Moony drops the above case, but he is still very;mad about what happened. He decides to get even with Zaco. He runs up to;him and takes a flying leap. Unfortunately, he misses, and ends up landing;on a small boy named Alfred. Alfred is holding a pocket knife, and it;tears into Moony accidentally. Moony once again ends up in the hospital!In Zaco's suit against Moony, Moony defends himself by alleging;self-defense (because Zaco had hit him first during the wrestling match;weeks earlier.) Is this a good defense?;A.;Yes.;B.;No, because Zaco attacked him;weeks earlier.;C.;Self defense is not a defense in;tort.;D.;None of the above.;2 points;Question;25;Fact Pattern for Questions 23 - 25;Moony drops the above case, but he is still very;mad about what happened. He decides to get even with Zaco. He runs up to;him and takes a flying leap. Unfortunately, he misses, and ends up landing;on a small boy named Alfred. Alfred is holding a pocket knife, and it;tears into Moony accidentally. Moony once again ends up in the hospital!Moony sues Alfred for battery. Will Moony win?;A.;No, because Alfred lacked the;requisite intent.;B.;No, because Alfred is a child.;C.;No, because Moony is an alien.;D.;Yes.;2 points;Question;26;Jennifer whispers "Arthur is a thief!" Arthur;sues Jennifer for defamation. Which of the following is the best defense;that Jennifer can assert?;A.;I was only whispering!;B.;Nobody heard me!;C.;I didn't mean to hurt Arthur.;D.;I am allowed to say whatever I;want - the first amendment protects free speech!;2 points;Question;27;What is temporary (or spoken) defamation called? (In;other words, this is the type of spoken defamation that is not recorded;is not on television or radio, and is not spoken to a large audience.);A.;Libel;B.;Negligence;C.;Slander;D.;Trespass;2 points;Question;28;Strict liability in tort was created in order to;A.;Promote consumer safety and;protect consumers.;B.;Protect employees.;C.;Promote free trade.;D.;Make it more difficult to bring a;tort claim.;2 points;Question;29;Jennifer is at a public park. Moony sees her, and;decides to take her picture so that he can look at her image whenever he;wants. He blows the picture up and hangs it over his fireplace so that he can;gaze at her beauty every evening. Jennifer wants to sue Moony. Which of;the following is a good claim that she can make in court?;A.;Appropriation.;B.;Intrusion.;C.;False Light.;D.;None of the above are good claims;under the facts given.;2 points;Question;30;Winona goes on a radio talk show and states that Moony;is dating Tabitha. Moony's wife listens to the show, and gets mad. She;asks Moony for a divorce. Moony wants to sue Winona for defamation. He;comes to you for advice. What should he claim?;A.;Slander per se.;B.;Slander per quod.;C.;Libel per se.;D.;Libel per quod.;2 points;Question;31;The pharmacy was required by law to explain the risks;of its drugs to its consumers. The pharmacist forgot to do so, and the customer;ended up getting sick. The customer sued. What doctrine should the;customer use?;A.;Negligence per se, because the;pharmacist broke the law.;B.;The customer can sue for;negligence, but negligence per se does not apply in this case.;C.;Res ipsa loquiter.;D.;Battery.;2 points;Question;32;Jeffrey trespasses on Anna's property carrying a large;bat. He does not mean any harm. He is walking home from baseball practice;and Anna's property provides the quickest route. Anna sees Jeffrey and;becomes frightened he is going to hurt her. She runs up behind him and;hits him on the head with a bowling pin. Jeffrey sues her for battery.;Anna asserts self-defense. Does Anna have a good defense?;A.;No, because Jeffrey did not intend;to hurt her.;B.;Yes, if Anna had reasonable;grounds to believe she was being attacked.;C.;No, because Jeffrey did not;actually hurt her.;D.;No, because Jeffrey did not have a;gun.;2 points;Question;33;In the above case, Jeffrey also sues Anna for assault. You;represent Anna. How will you respond to this claim?;A.;Jeffrey could not have been aware;that Anna was behind him before he was hit in the head.;B.;Jeffrey is only a teenager.;C.;Anna is smaller than Jeffrey.;D.;This case is unconstitutional.;2 points;Question;34;Moony and Zaco live in Florida. However, Moony loves;potatoes! He borrows $300,000 from Zaco in order to purchase a summer home;in Idaho. Years go by and he never pays Zaco back, and Zaco believes he is;entitled to the home. Zaco decides to sue Moony under a Florida Statute in;order to assert his rights to the property. You are Moony's attorney. You;assert that Florida does not have jurisdiction in this case. How will the;court most likely rule regarding this claim?;A.;The court will rule in Moony's;favor because this action is in rem.;B.;The court will rule in Zaco's;favor because this action is in rem.;C.;The court will rule in Zaco's;favor because Moony and Zaco live in Florida.;D.;The court will rule in Moony's;favor because of the Establishment Clause.;2 points;Question;35;Products can be deemed defective in three ways. These;ways include each of the following, except;A.;The product contains a flaw.;B.;The product lacks a warning.;C.;The product is defectively;designed.;D.;The product unfairly priced.;2 points;Question;36;Zaco is being sued in strict liability because the car;he sold to his neighbor blew up. Which of the following is Zaco's best;defense?;A.;I am not a merchant. I do not;regularly sell cars.;B.;The car was manufactured in;perfect accordance with the product specifications.;C.;I gave my neighbor a great price!;D.;None of the above will hold up in;court.;2 points;Question;37;The neighbor also sues the car manufacturer in strict;liability. The neighbor argues that the car was defectively designed.;Which of the following is the car manufacturer's best defense?;A.;The car was manufactured in;perfect accordance with the specs!;B.;The product would not have been;affordable if we had designed it safer!;C.;We didn't breach our duty of care!;D.;We didn't sell you the car! (Zaco;sold you the car!);2 points;Question;38;Eve, an architect, hires Frank, an accountant, to;handle her accounts. Dissatisfied with Frank's work, Eve sues him;alleging negligence. Frank may successfully defend against the suit by;proving that he;A.;did not injure Eve in any way.;B.;does not know every principle of;accounting.;C.;performed as well as an ordinary;person could have.;D.;performed as well as Eve could;have.;2 points;Question;39;Which of the following is true?;A.;Congress has the power to regulate;commerce among the states.;B.;Congress has the power to regulate;most aspects of religion.;C.;Congress has the power to regulate;most speech.;D.;Congress has the power take;people's property without due process of the law.;2 points;Question;40;Assume that the Congress and the state government of;Tennessee have written laws that conflict with each other. As a;consequence, a Tennessee case has gone to the Supreme Court, and one of;the legal issues being litigated is which law should be followed (the;state law or the federal law). Which of the following is true?;A.;The state law should be followed;because in Tennessee, Tennessee laws are paramount.;B.;The federal law should be followed;because the federal government has greater authority than the Tennessee;government.;C.;Under the facts given, it is not;possible to determine the outcome of this legal issue.;D.;Neither law should be followed, as;there is a conflict.;2 points;Question;41;Strict liability in tort will not apply unless;A.;The seller is engaged in the;business if selling the product.;B.;The product is expected to, and in;fact does, reach the user or consumer without substantial change in the;condition in which it was sold.;C.;(a) and (b).;D.;None of the above.;2 points;Question;42;Moony and Zaco bring their alien religion to earth. One;of their religious practices is to use Ecstasy on the first Monday of;every month. However, use of this drug is illegal in the U.S. The aliens;are arrested for drug possession. You are their lawyer. Which of the;following is their best defense?;A.;The law outlawing Ecstasy is;unconstitutional because it violates the Establishment Clause of the First;Amendment, which prevents the government from establishing a "state;religion" or from preferring one religion over another.;B.;The law outlawing Ecstasy is;unconstitutional because it violates the Free Exercise Clause of the First;Amendment, which prevents the government from interfering with the free;exercise of religion.;C.;The law outlawing Ecstasy is;unconstitutional because it violates the First Amendment's protection of;political speech.;D.;The law outlawing Ecstasy is;unconstitutional because it violates the Fifth Amendment, which states that;private property cannot be taken for public use without just compensation;(i.e. Eminent Domain).;2 points;Question;43;Foolishly, you entered into a contract with Moony. (He;is a known criminal!) Pursuant to the contract, you pay him $3,000 and he;agrees to clean your house every Friday for one year. He takes the money;from you, but then the leaves the state. He never cleans your house. You;are now in court suing him for breach of contract. You sue him in Maine;but he responds that jurisdiction is not appropriate in Maine because you;wrote the contract in Florida and your house is in Florida. You respond;that jurisdiction is in Maine because the contract states that;jurisdiction is in Maine. Which of the following statements is true?;A.;Jurisdiction is in Florida because;you wrote the contract in Florida.;B.;Jurisdiction is in Maine because;the contract states that the jurisdiction is in Maine.;C.;It is unclear where jurisdiction;should be.;D.;You cannot sue Moony because he is;an alien.;2 points;Question;44;If an injunction is granted;A.;The defendant may be forced to do;a particular act.;B.;The defendant may be forced to;stop doing a particular act.;C.;The defendant will be ordered to;pay money to the plaintiff.;D.;The defendant is automatically;sent to prison.;2 points;Question;45;If the constitution has not specifically delegated a;particular regulatory power to either the federal government or the state;governments, which of the following is true? (Assume that such regulatory;power would not conflict with the Bill of Rights.);A.;The federal government has such;regulatory power, but the state governments do not.;B.;The state governments have such;regulatory power, but the federal government does not.;C.;Both the federal and state;governments have such regulatory power.;D.;Neither the federal nor the state;governments have such regulatory power because there is a conflict of;interest.;2 points;Question;46;The government takes your property without your;permission under eminent domain (a "taking"). Which of the;following is an argument you can use in court against the government?;A.;This is unconstitutional. The;government is not allowed to take my property without my permission.;B.;The government did not pay me fair;market value for the property.;C.;My grandparents are buried on the;property, so the government should not have been allowed to take it.;D.;Both (b) and (c).

 

Paper#58962 | Written in 18-Jul-2015

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