Mark owns a pet gorilla. He usually takes the gorilla on walks while keeping him on a leash. Mark has owned the gorilla for a number of years and has never had any problems keeping him under control. One day, while Mark is walking with the gorilla , the gorilla suddenly bites a pedestrian . Which of the following is true?

A) Mark is not liable because he kept the gorilla on a leash .

B) Mark is not liable because he had no advance waming that the gorilla might bite .

C) Mark is strictly liable because keeping a gorilla as a pet is an abnormally dangerous activity

D)Mark is liable only if the pedestrian did nothing to provoke the gorilla .

2)Which of the following elements is used to determine if the conduct of a servant is within the scope of employment ?

A)it is of the kind he is employed to perform .

B) it occurs substantially within the authorized time and space limits.

C) it is actuated, at least in partby a purpose to serve the master

D) All of the above .

3)While walking on a public sidewalk outside a home, Jeff was struck by a hammer that fell from an upstairs window of the house owned by Tim. Tim had hired Chevy to repair an upstairs ceiling and the hammer fell due to Chevy's negligence. If Jeff sues Tim to recover damages for the injury caused by Chevy, will Tim prevail?

A) Yes, under the doctrine of Res loquitur.

B) Yes, if Chevy's act was a breach of a nondelegable duty owed to Jeff by Tim.

C) Noif Tim used reasonable care in selecting Chevy to do the work.

D) No, if Chevy is an independent contractor

4)Cain was riding on the Washington D.C. metro train. Cain was recovering from a serious car accident and had significant back injuries. These injuries left Cain unable to sit, so he took a standing position on the metro train, holding a hand rail. The metro train was virtually empty, but Jack also stood next to Cain holding the handrail. Without warning, the metro train came to a quick stop. Jack fell into Cain, causing him to suffer further injury to his back. Can Cain recover from Jack based on a claim of Battery ?

A) Yes, because by standing so close to Cainthe injury was substantially certain to occur .

B) Yes , because Jack should have chosen to sit in a seat rather than choosing to stand.

C) No, because Jack didn't intend to cause a harmful or offensive contact .

D) No, because Cain should have warned Jack of his injuries.

5)Spock has fallen asleep in his chair while reading a bookChekov, his classmate, sneaks up behind him and grabs him in a bear hug. Spoke awakens, startled, and desperately struggles to get free. He begs Chekov to let him go. After a minute, Chekov finally relents. Which of the following is true?

A) Kirk has a claim for conversion, battery and intentional infliction of emotional distress .

B) Kirk has a claim for battery and false imprisonment .

C)Kirk has a claim battery

D) None of the above

6)Which of the following is not a factor that a court will use to determine the validity of a punitive damages award?

A) The reprehensibility of the defendant's conduct.

B)The profitability of the defendant's conduct. C) Criminal and civil sanctions against the defendant.

D) The Defendant's remorse .