1. Mr. George Song lives on the top floor of an upscale but downtown San Francisco twenty-story

building. There is a 30-story apartment building under construction next door to his building. One

morning while eating his corn flakes, a brand-new toilet, fortunately unoccupied, comes crashing

through the roof of George's apartment and injures him. George would like to sue the construction firm,

but has no way of finding out or proving what persons were involved or exactly what happened. The

doctrine that would help George is:

a. Last clear chance.

b. Res ipsa loquitur.

c. Strict liability.

d. Comparative liability.

e. Assumption of the risk.

Questions 2 - 3 are based on the following facts:

Your friend, Hesa Payne-Diaz attends an alcohol-fueled party at the Watza Matter Ewe country-western bar. After ten, twenty, or thirty beers, Hesa falls down a flight of stairs hidden by floor-length curtains and injures himself. Hesa sues the bar for negligence and the jury returns a verdict for the bar.

2. What negligence issue is presented by these facts:

a. Assumption of the risk.

b. Res ipsa loquitur.

c. Premises liability.

d. Strict liability.

e. Negligent infliction of emotional distress.

3. Knowing that you are the Legal Scholar that you are, Hesa asks you what he should do given the jurys verdict. In addition to telling Hesa to stop drinking so much, you tell him:

a. To file a motion for a new trial.

b. To file a post-trial motion for a finding of comparative fault.

c. To file a motion for judgment notwithstanding the verdict (JNOV).

d. That the jury's verdict is final.

4. Brown vs. Board of Education of Topeka

a. Establishes that res judicata is not inviolate.

b. Was the last case wherein the US Supreme Court approved of the government treating

similarly situated differently based on race, religion, national origin, and creed.

c. Proves that law evolves to reflect social conditions.

d. A and C are correct.