Question
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
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
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