III. MULTIPLE CHOICE

(Max. 10 points)

This section contains 5 multiple choice questions. Choose the response for each question that is most

accurate and write its corresponding letter in the space provided. Each correct response in this section is

worth two (2) points. All work must be your own without assistance or input from anyone else.

1. ________.

Francis was an adult who was injured after ice skating at his local county park.

Francis did not see any of the three signs posted around the perimeter of the lake by the

county that warned skaters not to skate due to thin ice. Francis fell through the ice and was

hospitalized for two days, after suffering several minor, soft tissue injuries and nearly

drowning. Francis immediately sued the County for negligence in failing to post adequate

warnings

.

Which of the following should Francis be MOST concerned about regarding his

lawsuit?

A. The County's defense of comparative negligence

B. The County's defense of the state Tort Claims Act

C. The County's defense of "express assumption of risk"

D. Francis should not be concerned about any of the three County defenses asserted above.

2. ________.

Which of the following scenarios WOULD MOST LIKELY result in strict liability

in tort being found?

A. Plaintiff injured when Defendant driver speeds through a red light.

B. Neighbor injured when a pet tiger gets free from its chains and bites neighbor.

C. Defective product sold that is not manufactured in accordance with the design specs.

D. All of the above would likely result in strict liability in tort being found.

E. Only B and C are correct.

3. ________.

In a hurry to get to a party that he was running late for, James stopped at

Shop-Quick to pick up a few last-minute things for the party. As he ran down the junk food

aisle looking for cheese dip, he slipped and fell in a puddle of orange juice that had spilled

halfway down the aisle and had not yet been cleaned up. When James sues Shop-Quick for

his injuries, which of the following affirmative defenses would give Shop-Quick the greatest

chance for victory?

A. State Tort Claims Act

B. Comparative Negligence

C. Express Assumption of Risk

D. Shopkeeper's Privilege

4. ________.

Which is true of the "reasonable person" standard?

A. The standard is not relevant in civil tort cases.

B. The standard is an objective standard that applies in negligence cases.

C. The standard is used in strict-liability-in-tort cases but not in negligence cases.

D. None of the above are true.

5.

_______.

Which of the following might be lawful to use in a corporate marketing

campaign?

A. An image of a celebrity without his/her consent.

B. A famous slogan that is already associated with a celebrity in the minds of the public

without consent from the celebrity.

C. A publicity photo of a celebrity posted by the celebrity on his/her social media pages.

D. B & C are both lawful to use.