INTRUCTIONS: This Section contains eleven (11)

questions that require Students to fill in the blank in order to complete the sentence correctly. Each

correct response in this section is worth two (2) points.

1. At common law, the defense of _______________ negligence bars a plaintiff from recovering

any damages against a Defendant(s) if the Plaintiff is found by a jury to be 51% or more

negligent.

2. The tort of _______________________ requires that a person be held against his or her will and

that there is no reasonable avenue of escape available.

3. The tort of ________________ requires an imminent threat of harm that causes a reasonable

person to fear harm and is meant to protect the mental or emotional well-being of a person.

4. The statutory tort defense of ___________________ permits a judge to mold an award of

damages to reflect the proportion or percentage of fault attributable to the Plaintiff and each of

the Defendants found by a jury.

5. The type of damages, known as _______________, are typically awarded in a tort case in order

to make the injured Plaintiff whole.

6. In a negligence case, the Plaintiff must prove that a Defendant owed Plaintiff a duty and

breached it, that the Plaintiff suffered harm or injury and that the Defendant's breach of duty

was the ______________ cause of the Plaintiff's harm or injury.

7. The tort of ___________________________ requires proof that Defendant's conduct was

outrageous, beyond the bounds of human decency and that such conduct caused severe,

emotional suffering to the Plaintiff as a result.

8. A jealous ex-boyfriend who stalks his former girlfriend, spies on her through her bedroom

window to see if she is having sex with another guy and who harasses her with text messages

after being told to stop may have committed the intentional tort known as ________________.

9. When Plaintiff voluntary proceeds to act in the face of an obvious or known danger and

thereafter suffers foreseeable injury, the Defendant may successfully assert the defense of

_____________________ in Plaintiff's negligence action for damages against the Defendant.

10. Three types of defects that may lead to strict liability in tort for a product seller are (1)

manufacturing defects, (2) ___________ defects and (3) marketing or failure-to-warn defects.

11. In extraordinary tort actions involving egregious and outrageous conduct, a jury may award

_____________ damages that are designed to punish a Defendant and make an example of him.

IV. PRACTICAL SKILL SECTION. (Max. 8 Points)

Using Westlaw Campus Research or Google Scholar, find and read the case of Brijall v. Harrah's Atlantic City, 905 F. Supp. 2d 617 (D.N.J. 2012) and respond correctly to the following questions. Briefly, the case involves a suit against Harrah's in Atlantic City for injuries to a patron allegedly caused by one of Harrah's security guards. Harrah's has denied any liability for Plaintiff's injuries and has moved for Summary Judgment. There is a maximum of eight (8) points to be earned for your correct responses.

A. Why does Plaintiff allege that Defendant Harrah's should be liable for his damages on the basis

that Harrah's acted negligently? Be sure to identify the three ways in which Plaintiff alleges

negligence against Harrah's. (2 Points)

B. Explain in detail why Defendant Harrah's won its motion for summary judgment against Plaintiff

on the latter's claims of negligence. (1 Points)

C. Did Defendant Harrah's win summary judgment against Plaintiff on his tort claims for assault

and battery? Explain why or why not in sufficient detail to demonstrate your understanding of

the legal principles applied in the case. (3 Points)

D. Explain what "respond at superior" means and its importance to the Court's decision. (2 Points)