30. T F 31. T F 32. T F 33. T F 34. T F Mary rented an apartment in NYS from Henry, the landlord, for one year. Mary gave Henry a security deposit of one month rent. At the end of the one-year lease, Mary moved out but Henry refused to return the security deposit claiming Mary damaged the apartment beyond normal wear and tear. Although Mary proves that she had not caused the damage, Henry still refused to return the security deposit. Mary can take Henry to NY Small Claims Court to secure the return of the security deposit. In New York State Small Claims Court, you can sue for specific performance. In a personal injury lawsuit, the defendant's attorney may compel the plaintiff to agree to an examination by a medical doctor chosen by the defendant's attorney, You were kidnapped by an activist group "Occupy" and held hostage. You are then forced to participate with the group in the number of illegal activities in which no one was killed. You had no reasonable opportunity to escape. The group, including you, are arrested by the police and charged with certain crimes. You can properly use the defense of duress. Harry, a college student, stole several new football helmets from the college sports locker room. Harry then sold the helmets for a very low price to Bob, the owner of a 3 35. T F local sporting goods store. After reading an article in the newspaper about the theft, Bob thought that the helmets he purchased from Harry were likely the ones that had been stolen. Nevertheless, Bob did not notify anyone about the helmets. Instead Bob marked the helmets for sale at a special price and placed them on the shelf with other football gear. Although Bob paid for the football helmets, Bob committed a crime. Betty, a citizen of Ohio, was shopping in a New Jersey paint store, when a salesman spilled paint on her new $5000 designer handbag, which was ruined. The paint store refused to compensate Betty for the handbag. Betty wants to sue in court for the price of the handbag. Betty could bring her lawsuit in Federal Court based on diversity of citizenship since she is an Ohio citizen and the paint store is in New Jersey. 36. T F 37. T F 38. T F 39. T F 40. T F 41. T F 42. T F 43. T F 44. T F 45. T F A New York Federal District Court decision could be appealed to the U.S. Court of Appeals for the Third Circuit. New York State issues an executive order that all citizens must be administered a medical treatment, including an injection. Since New York State cites public safety as the rationale, such action does not violate a person's privacy rights. Ted becomes intoxicated at a frat party and when driving home, hits a pedestrian MaryJo, who dies instantly. At trial, Ted is found guilty for the crime of DWI by the State and is imprisoned. MaryJo's family cannot sue Ted for the tort of wrongful death in a civil court because that would violate the Double Jeopardy Clause of the Fifth Amendment. Bob is accused of looting a store. The store owner can be the plaintiff in a criminal proceeding. Jill received a Complaint and Summons alleging that she damaged her neighbor's car. Jill finds the allegation to be ridiculous and frivolous and thus, takes no action. Jill's failure to acknowledge the Complaint and Summons could lead to a Judgement by Default, whereby Jill would have to pay compensatory damages to her neighbor. Joe wants to rob a bank. However, Joe wants it to be "a clean robbery." So Joe uses an unloaded gun. When Joe points the unloaded gun at a bank teller, the bank teller is so shocked that he dies of a heart attack at that very moment. Although Joe did not intend the teller to die, Joe can properly be prosecuted for felony murder. Bill is an executive at a big advertising firm, located on the 3rd floor of a building. One day Bill asks an intern to stay late to catch up on some work. The intern said she couldn't stay because of a prior commitment. Bill then blocked the entrance to the elevator door so that the intern was not able to board the elevator. The intern then quickly walks down the staircase next to the elevator. The secretary has a proper claim for false imprisonment Don writes a social media post stating that he thinks Rose is ugly. Rose has a proper claim for libel against Don. Harry sees a store on Fifth Avenue being looted. Harry enters the store through a broken store door. Harry intends to take a pair of shoes, but can't find any in his size, so Harry takes nothing. Harry is not guilty of burglary in New York State. Glenn, Ron and Sue are associates at a law firm. Glenn tells Ron that Sue used the firm's credit card without authorization. Sue actually didn't use the credit card at all. Sue would have a proper claim for slander against Glenn, even though Sue did not suffer a financial loss. 46. T F 47. T F 48. T F 49. T F 50. T F Harris is working in a major retail store during the holidays. She believes that she is not being properly compensated for her overtime. "To fairly compensate herself," Harris takes a store gift card worth $20. Harris did not commit embezzlement. Joe's rent is $1800 a month. Joe was a little short one month and sends a check to his landlord (Amy) for only $1600, with a note stating that he is sorry he is short. Upon receipt, Amy changes the amount on the check to $1800. Since Joe's monthly rent is $1800, Amy did not commit forgery. An activist threatens a diner owner that unless the owner places a sign of support for his activist group in the diner window, he will tell everyone that the diner has rats in the kitchen. The activist is guilty of extortion. Senators of the U.S. Congress were briefed in a non-public meeting that oil prices may be affected by covert developing terrorist activities in oil producing nations. Senator Bob trades his oil stocks after the briefing, and makes a profit. Bob cannot be guilty of insider trading because he is a legislator. An EPA official finds environmental infractions at Joe's large ranch and is about to issue Joe a summons for such. Joe offers the EPA official $1000 in cash, asking the official to not issue a summons since Joe intended to clean up but was distracted by a medical emergency. Because the EPA official refused the $1000, Joe did not commit bribery.