1. Henry signed an employment contract when she began working for the law firm of Hesling and Epstein. There was an arbitration clause that was binding in the contract. One month later, he slipped on files his boss had left scattered on the floor. His friend told him he should sue the law firm. If he does, the court will likely:

Group of answer choices

say arbitration is a constitutional right guaranteed by the 4th Amendment

enforce the arbitration agreement

decide that the arbitration agreement is unenforceable if they violate the rules regarding voir dire

decide arbitration is a form of specific performance

2. Ashley slips and falls in a Tarjet store after tripping on shipping boxes left in an aisle that she hadn't seen because she was trying to see if she could do whole shopping trip while blindfolded. She breaks her leg and is forced to miss work for a week. The jury decides that Tarjet was 50% at fault, but that she was also 50% at fault because she was negligent by shopping blindfolded. If the jury decides her total in damages is $36,000 (for her medical bills, lost wages and pain and suffering), then under a comparative fault system Ashley should get:

Group of answer choices

$36,000

$18,000

$18,000 in pain and suffering but only 50% of her economic damages

$18,000 for medical bills and lost wages, but only 50% of her noneconomic damages

3. Ashley slips and falls in a Tarjet store after tripping on shipping boxes left in an aisle that she hadn't seen because she was trying to see if she could do whole shopping trip while blindfolded. She breaks her leg and is forced to miss work for a week. The jury decides that Tarjet was 50% at fault, but that she was also 50% at fault because she was negligent by shopping blindfolded. If the jury decides her total in damages is $36,000 (for her medical bills, lost wages and pain and suffering), then under a comparative fault system Ashley should get:

Group of answer choices

$36,000

$18,000

$18,000 in pain and suffering but only 50% of her economic damages

$18,000 for medical bills and lost wages, but only 50% of her noneconomic damages

4. The but-for causation requirement for a tort case is met if a plaintiff successfully proves that his/her injuries would not have happened if the defendant had not breached their duty to the plaintiff.

Group of answer choices

True

False

5. Allenby Spares Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake from Allenby Spares Inc. The brake is manufactured by TurboDiezel Inc. The customer is involved in an accident caused by the brake not working right in his vehicle. Which of the following is true?

Group of answer choices

Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake.

Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel.

Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

TurboDiezel cannot be held strictly liable as the company is not the seller in this case.

6. Mary was on her way home when Joseph stopped her car at a red light and threatened to physically harm her if he ever saw her drive on that street again. Mary will likely be successful if she sue Joseph for the tort of:

Group of answer choices

battery

assault and battery

disparagement

assault

7. Under the rule of proximate causation, a defendant in a negligence case can only be held liable for those damages and injuries that he/she should have predicted might result from the defendant's negligence.

Group of answer choices

True

False

8. In a negligence case, a plaintiff needs to prove but-for causation or proximate causation, in order to win, but not both.

Group of answer choices

True

False

9. Which of the following is an intentional tort?

Group of answer choices

breach of duty of care

invasion of privacy

defect in product manufacture

negligence

10. The four requirements a plaintiff must prove in a negligence case are (1) duty, (2) breach, (3) causation and (4) liability.

Group of answer choices

True

False

11. Tort law is the area of law that allows people who have suffered harm to recover money for that harm from another person or company, if the harm was caused by that other person or company.

Group of answer choices

True

False

12. According to the doctrine of ________, a plaintiff can successfully hold another person or company someone liable for injuries the plaintiff suffered as a result of that person or company's sabnormally dangerous activity, even if that other person or company did nothing negligent or careless.

Group of answer choices

strict liability

assumption of risk

comparative negligence

contributory fault

13. Defamation that happens through an oral statement someone makes is known as:

Group of answer choices

assault

slander

verbal battery

libel

14. The term ________ refers to a defense a defendant can use against a plaintiff who knowingly and voluntarily participated in an activity where there was a high chance that the plaintiff would get injured.

Group of answer choices

superceding event

comparative negligence

assumption of risk

intervening event

15. If a manufacturer does not include adequate warnings with their product, that manufacturer can be held strictly liable for injuries their product causes, even if they manufactured the product as cautiously and reasonably as possible.

Group of answer choices

True

False

16. Richard was at his high school reunion and sees his old basketball rival, Lee. When Lee says something that offense Richard, Richard punches Lee in the face and breaks his nose. Which tort has Richard committed?

Group of answer choices

assault

battery

disparagement

breach of duty of care

17. In which situation would a court be most likely to decide someone is liable for the tort of invasion of privacy?

Group of answer choices

Lola writes an email to her co-worker confessing she loves him, and the co-worker then forwards it to his friend Mike.

Roberta posts a picture on Facebook that she took of two classmates cuddling on a bench in the park.

Bruce is in love with his neighbor and spies on her by climbing into a tree to snap photos of her as she sunbathes topless in her own yard.

Jessica gets shown on the Kiss Cam at a Laker game kissing Eliza, with whom she's in a secret affair

18. Bob is a well known baseball player who plays in the major leagues. The LA Times published an article in which they quote his ex-girlfriend as saying he took steroids for five years. This statement is false. If Bob wants to sue his ex, it should be for the tort of:

Group of answer choices

invasion of right to privacy

the tort of false appropriation

negligent infliction of emotional distress

defamation

19. Which of the following defendants can not be held strictly liable for injuries caused by their products or on their business premises?

Group of answer choices

the Los Angeles Zoo

Bikes 'R' Us, a retailer of bicycles

Samsung, a maker of electronic devices

H&R Block, a tax preparation service

20. A California doctor who accidentally amputates the wrong leg could be liable for:

Group of answer choices

negligence per se

medical malpractice, a form of strict liabilit

medical practice, a form of negligence

assumption of risk