25.A retail store

a.

is expected to protect customers from unexpected and unknown dangers.

b.

owes trespassers absolutely no duty.

c.

is strictly liable to all who enter the store.

d.

is expected to be the insurers ofeach customer.

26.Which of the following activities (all of which cause serious injuries) isanexample for

application of the doctrine of strict liability?

a.A plasterer, injured on the job, qualifies for payments under workers'compensation.

b. An elephant, used for many years to help raise a big circus tent, for an unknown reason goes berserk and seriously injures several onlookers among a large group of local residents watching the activity.

c. A truck runs a red light and plows into an automobile in a downtown intersection, killing all of the occupants.

d. A driver of a heavy-duty truck causes it to crash, killing its driver.

27.Freedom Cruise Line is a U.S. owned cruise Line. Underway to a foreign port, the shipopens up its online gambling site; this act is:

a.legal because it is in international waters and U.S. law does not apply.

b.legal, only if the port in destination recognizes gambling as a legal

actregardless of U.S. laws.

c.illegal, due to U.S. laws.

d.illegal because the WTO does not recognize the U.S..

28.The following criminal Act also is helpful to victims in their civil suits as it allows for treble damages and attorneys' fees:

a.the Age Discrimination in Employment Act.

b.the Sherman Act.

c.there is no criminal Act that helps individuals in civil actions collect money.

d.there is no Act that allows victims to get more money that they lost as the system only allows for compensatory damages.

30.Ace Corporation believes that Best Corporation engages in anticompetitive behavior in an attempt to drive Ace and all its other competitors out of the market. Antitrust law Section 2 can be enforced against Best by

a.Ace and its competitors only.

b.Ace, its competitors, and the Federal Trade Commission (FTC).

c.Ace, its competitors, and the U.S. Department of Justice (DOJ).

d.the FTC and the DOJ only.

32.Tom runs through Jack's yard every day on his way to school.Jack knows this.Jack is

going to put a large tree in his yard and has a very large hole dug next to a shrub

which makes it difficult to see the hole.Tom has been told by Jack not to run through

the yard.Tom runs through the yard and falls in the hole and breaks his leg.

Which is TRUE:

a.Jackis liable for Tom's injuries.

b.Jackis not liable for Tom's injuries because Tom is a trespasser.

c.Under the attractive nuisance doctrine in California, Jack must pay for Tom's

injuries.

d.Jackmay dig holes in his yard and conceal them because trespassers can be

caught in traps.

34.Mary sues Jack for touching her each time he passes by her desk.She believes he has a communicable disease and tries to move away from him when she sees him. She has been getting headaches and stomachaches due to worrying about getting the disease as she has an impaired immunity system.She tells her teacher that Jack is touching her and that he has a horrible disease.Jack does not have any disease at all.Which is true:

a.Mary can sue Jack for false imprisonment.

b.Mary can sue Jack for assault and battery.

c.Mary cannot sue Jack because he has no disease.

d.Mary can sue Jack for invasion of privacy.

35.Using Question # 34 which of the following is true:

a.Jack can sue Mary for misuse of a legal proceeding.

b.Jack can sue Mary for disparagement but must show actual damages.

c.Jack can sue Mary for slander per se and damages are presumed.

d.Jack can sue Mary for libel if she writes down in a lawsuit that he has a disease.

36.Using Question #34 which of the following is TRUE:

a.Mary can sue Jack for negligent infliction of mental distress because she has physical symptoms.

b.Mary will win her lawsuit for assault if the jury finds that the averagereasonable person under the same situation would be apprehensive of Jack's touching.

c.Jack can defend himself against a suit for battery with the truth that he hasno disease.

d.Mary can sue Jack for conversion if Jack prevented her from moving away from him for an amount of time that a jury would find considerable.

37.People who do not do what a statute requires are sometimes considered to be "negligent per se".This means:

a.the written law is the law, and only the government can sue for breaking a law.

b.ignorance of the statutory law is always an excuse.

c.technically negligent; not knowing about a statutory requirement is not as bad as meaning to do something wrong.

d.a statute prohibited an action, defendant violated the statute, plaintiff was in the group the statute wanted to protect and he sustained the injuries stated in the statute.

38.Intentional Infliction of Emotional Distress is:

a.a tort wherein one can sue if the conduct is outrageous like the stunts on the

Howard Stern radio show.

b.not a tort as one must be physically injured directly by the defendant.

c.a tort wherein one can sue if one is detained for an unreasonable amount of

time.

d.a tort wherein one only receives nominal damages.

39.When someone sees (or in some way perceives) another person being injured when it is caused by a defendant's negligence, which of the following might be required

for recovery of negligent infliction of emotional distress?

a.the witness is a minor.

b.the witness is an employee of the injured person.

c.the witness suffers serious emotional distress with physical symptoms and is a close relative.

d.the witness suffers no physical symptoms.

40.Jim tells a lie about Marty to Sam:

a.Sam can sue for negligent infliction of emotional distress.

b.Marty can sue for defamation.

c.Jim will not be sued because Marty's life is not private.

d.the 1^stAmendment protects Jim.

41.Helen decides to go horseback riding at the Easy Stables.After riding for a few minutes the horse starts to run and then stops abruptly causing Helen to fall and sustain head injuries. Which of the following is true:

a.

The owner of Easy Stables is liable for the injuries under Strict Liability doctrine.

b.

The owner of Easy Stables can only use the defense of Comparative negligence.

c.

Helen must prove Beyond a Reasonable Doubt that she did not cause the horse to run.

d.

The owner of Easy Stables can use the defense of Assumption of the Risk.

42.Jim owns a store and the parking lot has inadequate lighting.Mary shops at night and parks in the corner of the parking lot where there are no lights.As she leaves her car, she is assaulted and injured. Mary sues Jim.She may

a.

not be able to succeed in her lawsuit because store owners are never liable for a criminal's acts.

b.

be able to win her lawsuit because store owners are responsible for all injuries to their customers.

c.

be able to win her lawsuit under a negligence theory if the crime was foreseeable and Jim failed to warn his customers of the danger.

d.

not win her suit as she parked in the corner of the lot and had not shopped in the store when the attack took place.

43.Guy Yamoto, who was certified in first-aid techniques, observed an accident scene as he was driving to work. Although no one was offering help at the accident site, it did not appear to Guy that the accident was very serious and so he drove on. He later learned that a person died who probably could have been saved easily through proper application of first aid. If the heirs of the deceased discovered that Guy had passed the scene without

offering to help, then they would

a.

not have a cause of action, because the law generally does not require that a person not a party to an accident volunteer to render aid.

b.

have a cause of action only if the state had a so-called "Good Samaritan" doctrine.

c.

have a cause of action because Guy was certified in first-aid techniques.

d.

none of the above

44.Business people

a.Try to beat the competition by wiping them out any way they can.

b.Need to be ethical and obey the laws or they may end up in prison.

c.Do not have to worry about U.S. laws when doing business internationally.

d.Get waivers from their customers so they don't have to worry about being sued.