1.) Goldman, an ex-convict, was employed in the accounting department of Rogers Products Incorporated. None of his coworkers was aware of his previous conviction and imprisonment, although the president of the firm and Ruiz, the human resources manager, knew of it. During an office party, Goldman and Ruiz became involved in an argument and Ruiz shouted, "You're an ex-con and a jailbird. We'd be better off without you here."

Provide a Yes/No answer AND your rationale for that answer.

1. Would Goldman have a basis for a suit for libel?
2. Would Goldman have a basis for slander?
3. Did Ruiz violate the professional ethics of his position?

8.) At a special meeting, the board of directors of Family Federal Savings & Loan Association asked Newton, its president, manager, and director, to resign. He did so. Shortly thereafter, a reporter for the Oregon Statesman talked about Newton's resignation with one of the directors. The very next day, the paper published an article that stated, "The board of directors of the six-branch Family Federal Savings & Loan Association has forced Thomas Newton out of his position as the association's president, charging that he is 'administratively incapable.' " Newton thereupon sued the association and its individual directors for defamation. When a jury awarded him damages, the directors appealed on the ground that the quoted language was not capable of a defamatory meaning.

Will the directors succeed in overturning the judgment?Explain the legal rationale for your answer.

7.) On September 27, 1998, Plaintiff and her husband, Michael Morris ("Morris"), were shopping at Defendant's "Sam's Club" store located in Memphis, Tennessee.Morris was pushing the shopping cart and Plaintiff was slightly behind Morris on his left hand side.The two were walking through the freezer section of the store when, after rounding a corner, Plaintiff slipped on a wet substance thought to be water and fell next to a small portable freezer known as a "spot box."At the time of her fall, Plaintiff was between Morris and the spot box.Morris noticed Plaintiff's "feet go up" as she fell while hitting the spot box and the cart that Morris had been pushing.According to Morris, in the course of the fall Plaintiff struck her legs on the spot box and shopping cart, landed on her lower back and buttocks, and then lay completely flat.Plaintiff attempted to pull herself up using the cart that Morris was holding, but slipped half-way up and fell a second time.Plaintiff was allegedly screaming as these events occurred, and described the fall as "violent."

Some of Defendant's employees approached the scene to lend assistance.Once Plaintiff was finally standing up, she noticed that her clothes were "soaked," including her shoes.Plaintiff testified that she believed that the liquid in which she fell was water from the spot box freezer.Plaintiff claimed that the water felt cold, but was unsure whether the cold feeling was attributable to the water temperature itself or to the surroundings inasmuch as she was in the freezer section of the store.One of the employees called for store manager Kenneth Kanizar, who arrived on the scene shortly thereafter.Kanizar ordered an employee to get a mop and clean up the liquid.Defendant's employee Betty Baird testified that she was the individual who cleaned up the water after Plaintiff fell. Baird stated that she used some paper towels to clean up the water which, by that time, was about ten inches in diameter and "[r]ight there under the drain of the freezer."

Kanizar took a statement from Plaintiff, which was written by Morris and signed by Plaintiff.The statement provided by Plaintiff at the time of the fall was read into evidence at trial and provided: "Turned corner in frozen food area and fall [sic] in water leaking from display cooler/freezer.Injured both knees, toes, back, hip, right hip, and swelling in both legs."

Plaintiff testified that Kanizar communicated to them that it was his belief that the liquid substance present on the floor was water that had leaked from the spot box freezer.Kanizar "pointed out" to Plaintiff and Morris that the plug on the bottom of the spot box freezer was out. (J.A. at 40.)Kanizar further communicated to Plaintiff and Morris that the spot box freezer was new and that he was afraid that it may not be functioning properly so he wanted it immediately removed from the floor, particularly since it had not been "out but a very short period of time."

Morris escorted Plaintiff out of the store in a wheel chair provided by Defendant, and took her to a hospital emergency room.Plaintiff was discharged from the hospital after x-rays were taken and medication was prescribed for the pain.The following day Plaintiff was severely bruised and "could barely walk." She saw her doctor who advised Plaintiff to stay in bed and off of her feet for a week; Plaintiff complied with her doctor's advice.

Should a plaintiff be allowed to use res ipsa loquitur to recover for injuries suffered as a result of a malfunctioning product?Explain the legal rationale for your answer.

5.) Assume a jurisdiction has a law that all residential swimming pools must have a fence that is at least six feet tall surrounding the swimming pool. Cindy has a pool in her backyard, but she just had it built a few months ago and has not since had the extra money to build the fence. Unfortunately, one of the neighborhood children goes swimming in the pool and drowns. The parents of the child sue Cindy. Discuss how they would likely go about proving their case against Cindy and the elements that would be required to establish their case.