Part 2-A: Multiple Choice with Explanation Questions

1.In 1995, after nearly ten months of testimony, a criminal jury acquitted celebrity football player and actor O.J. Simpson of murdering his ex-wife Nicole Brown Simpson and restaurant waiter Ron Goldman. Then, in 1997, a civil jury found Simpson liable for the murders, assessing $33.5 million in damages against him. How can these juries come to two such different verdicts on the same issue? (A) A criminal jury and a civil jury consider different evidence. (B) A criminal jury and a civil jury use different standards of proof in deciding cases. (C) A criminal jury decision is unanimous, and a civil jury decision only requires 50% of jurors to agree. (D) O.J. Simpson had more protections as a criminal defendant.Answer:______ Explanation:2

2. The police arrived at Sandra's apartment one evening and demanded to look around "just to make sure nothing was happening." They had no warrant and had received no complaints about her or heractivities .Which statement best describes this situation? (A) The police probably should not have bothered Sandra, but they really did nothing wrong. (B) The police violated Sandra's Fourth Amendment rights. (C) The police were in the right; they must have suspected Sandra had committed a crime. (D) The police violated Sandra's Sixth Amendment rights.Answer:______ Explanation:

3. Tonya went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Tonya did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Tonya's injuries? (A) Yes, because the neighbor's conduct was negligent. (B) No. (C) Liability might depend on whether Tonya is a child or an adult. (B) Yes, because the neighbor is strictly liable.Answer:______ Explanation:3

4. Angel, an employee of Pray Tell Ultimate Fashion Corporation (Pray Tell), committed a serious criminal act in an attempt to obtain a large sales order for Pray Tell from a major retail chain. A court found her guilty of the felony and also found Pray Tell guilty of criminal conduct. Pray Tell was fined $1 million. The court (A) erred in fining the company because finding both Angel and Pray Tell guilty violates the Double Jeopardy Clause of the Constitution; (B) acted properly if this were a federal proceeding but not if this were a state proceeding; (C) acted properly in finding Angel guilty, but it erred in finding Pray Tell guilty because of the exclusionary rule; (D) acted properly in this case.Answer:______ Explanation:

5. John was driving his new Mazda CX-5 through a busy intersection. He was so preoccupied trying to learn all of the features of his new car that he was not paying attention as he drove through the intersection. He hit William's car as William drove through the intersection without obeying a stop sign because he was distracted trying to locate the Broadway Channel on his Sirius/XM radio. William sued John for negligence because of the accident. The jury found that William's fault contributed 40 percent to the collision and determined that his total loss from the accident was $100,000. If the state in which the accident occurred has a standard comparative negligence statute, what should be the jury's award to William. (A) $40,000; (B) $60,000; (C) $100,000; (D) $0Answer:______ Explanation:4

6. Kristin is starring on Broadway in a smash hit play, and the play is a hit primarily because of Kristin's Tony Award winning performance. Because the play is somewhat unusual, and because the producers worried that they might not recover their investment if Kristin left the show before it broke even, they signed Kristin to an unusually long 2-year contract to play the leading role, a fact that was widely reported in Variety, other entertainment industry publications and the New York Times. A year into the run of the play, however, Kristin receives an offer to play the lead role in a big-budget movie musical, LowLowLand. She and the LowLowLand producers sign a contract for her to star in the movie musical, and she withdraws from the Broadway play with 10 months left on her contract, breaching her contract with the Broadway play producers. Without Kristin in the lead role, the play closes a month after Kristin withdraws. The production does not recoup its investment, so the producers and the investors lose most of their investment in the play. The producers of the Broadway play sue the LowLowLand producers and likely will (A) win a case in defamation; (B) win a case for tortious interference with contract; (C) win a case for commercial exploitation; (D) lose the lawsuit. (Assume for this question that the COVID-19 pandemic is not happening and both Broadway shows and movies are proceeding in the usual course!)Answer:______ Explanation:

7. Shiloh, irate that he received a B- on an exam rather than the A that he expected, stands up in class and throws his laptop at the professor. The professor sees it coming and ducks just in time; the laptop smashes against the chalkboard. What tort, if any, has Shiloh committed? (A) Assault; (B) Battery; (C) Negligence; (D) None - No tort was committed.Answer:______ Explanation:5

8. Dr. Jekyll was a small-town optometrist whose entire practice consisted of the diagnosis of basic levels of sight, as well as prescribing eyeglasses and contact lenses. All conditions suspected of disease were referred to an ophthalmologist who had a medical degree and specialized training. On one occasion, however, Dr. Jekyll treated a long-time patient who had developed eye problems and prescribed eye patches and antibiotic ointments. In actuality, the patient suffered from a rare form of cancer of the eye. In reliance on Dr. Jekyll's advice, the patient sought no other treatment. The patient died because of the cancer, which a trained ophthalmologist likely would have been able to diagnose. Dr. Jekyll likely could be sued by the patient's estate for (A) the intentional tort of abandonment; (B) negligence; (C) strict liability; (D) none of the above - Dr. Jekyll likely is not liable to the patient's estate.Answer:______ Explanation:

9. Armando credibly threatened to harm Menca's family if she did not agree to help him operate a prostitution ring. It is likely that a jury would find Menca not guilty of a crime in this case because (A) of the exclusionary rule; (B) of the prohibition against double jeopardy; (C) she was acting under duress; (D) entrapment has occurred.Answer:______ Explanation:6

10. Jamie Fraser hired Alba Movers to move his collection of antique Scottish Highland weapons to his new farm in North Carolina. The movers, wanting to move everything in a single trip, loaded an open bed truck too high. Several wooden weapons crashed to the ground. They were not even scratched or dented. If Jamie brings a negligence action against Alba Movers, he can recover (A) compensatory damages; (b) punitive damages; (C) both compensatory damages and punitive damages; (D) neither compensatory damages nor punitive damages.Answer:______ Explanation

Part 2-B: Short AnswerQuestions(There aresixquestionsprovided in this section of the exam. You need to answer four of those questions.

1.List and discuss thefiveelementsnecessary to prove a case of negligence.

2.Richard loved his skateboard. Heridestheskateboardallaround his apartment complex and often takesit to the local county park to ride the skateboard on some of the walking trials in the park. Richard is comfortable on the skateboard and, while not expert, is skilled in itsuse.Anaspiring actor, Richard sometimes films himself skateboarding using a camera drone that he controls while riding on the skateboard.

Frankie also lovesher skateboard, even though she was not yet particularly adept at riding it. She sometimes strugglesto keep controloveritwhen she gets itmoving.

Oneafternoon, both Richard and Frankie are riding theirskateboardsonthe same trail in the county park. Richard has ear buds in his ears and is playing music, allthewhiletryingto film himself with the camera drone. Frankie is having a hard timestayingupon the skateboard, with much of her attention focused on keeping from falling off the skateboard. Richard, his attention consumed by the music and the drone controls, does not see Frankie approaching from the opposite direction. Frankie, struggling to stay up on the skateboard, does not see Richard approaching, either. They crash, andbotharethrown from their skateboards. Richard suffers several badscrapes, breakshisarm,andsprains his knee.Frankiefellon the grass, substantially unharmed because she was wearing a helmet, elbow pads and kneepads. Richard's medical bills amount to $50,000.

a.IfRichard sues Frankie fornegligenceina state with a traditionalcomparativenegligencestatute, what would be the result if the jury determines that Richard and Frankie were both equally negligent in the use of theirskateboards?

b.IfRichard sues Frankie fornegligenceina state with a traditionalcontributorynegligencestatute, what would be the result if the jury determines that Richard'snegligencewas20%of the overallnegligenceandFrankie's negligence was 80% of the overall negligence?

c.IfRichard suesFrankiefornegligenceina state with moremodernmodifiedcomparativenegligencestatute, what would be the result if the jury determines that Richard's negligence was 60% of the overall negligence and Frankie's negligence was 40% of the overall negligence?

3.Han and Luke are having a heated argument concerning Luke's fear that Han is being overly "familiar" with Luke's sister, Leia. During the argument, Luke becomes particularly irate, pulls out his light saber and attacks Han, wounding Han severely and causing him to need immediate medical attention. Han also was forced to give up several lucrative supply contracts for his Millennium Falcon, which Han cannot pilot while he is injured. If Han subsequently sues Luke for battery, what damages is Han likely to recover? Please be specific and consider all possible types and forms damages in thissituation.(You can assume that, even though these events unfolded a long time ago in a galaxy far, far away, prevailing American law applies tothese events.)

4.Francesis married to BillyBob, a laconic barber who has not paid much attention to her for several years. Frances works at the local departmentstore(part of a large regionalchain)inher town as the store bookkeeper. Her boss is James, the store general manager. James is handsome, sweet-talking,anda bit conniving, and he notices that Frances seems to be falling in love with him. James begins to woo Frances. While getting "close"toFrances, he convinces Frances to participate with him to skim somemoneyfromthe store by adjusting merchandise invoices.Thetwoplottogether how best to arrange the books so that their skimming is not noticed by the regional sales manager or auditor. James and Frances begin to make substantial amounts of money, which they use in part on their romantic adventures. When the regional sales manager begins to suspect that the merchandise invoices might have been doctored, James and Frances plan to stage a small office fire to damage the account books so that they cannot be read. One night, after the store closes, they stage what looks like an accidental office fire. The fire gets out of control, though, and the store is seriously damaged, with much merchandise lost. After a brief investigation by the local fire inspector and police department, James and Frances are arrested. While arresting James, the police search his person, and they find that he is carrying a fire starter and some falsified invoices from a dressmanufacturer.

a.Identifyand describe at leastthreecommonlaw crimes with which James and Frances can be charged based on these facts and the basic elements in support of those charges.

b.Canthe fire starter and the falsified invoices be admitted into evidence against James and Frances at theirtrial?Pleaseexplain your answer succinctly.

5.Daniel, a resident of Boca Raton,Floridaandaspiring filmmaker, was driving his car to New York City. While passing through South Carolina on I-95, he was involved in an accident with Michael, who was carelessly driving a moving van for his employer, I'm the Moving Guy Inc., a Nevada corporation with its principal place of business in North Carolina (the Corporation), in connection with anofficemovethat the Corporation washandlingfora South Carolina business. Daniel's car was destroyed, at a loss of over $35,000. While Daniel was not seriously injured, hedidneedto spend some time in the local emergency room for x-rays and evaluation. He also had to stay overnight in South Carolina while his insurance company arranged for a loaner car. The accident caused him to miss an important financing meeting concerning a film on which he was working. Daniel estimates that missing the meeting cost him at least $150,000 in financing for his film. Michael has no significant assets, but the Corporation has substantialassets.

a.CanDaniel sue theCorporation?Pleaseexplain youranswer.

b.IfDaniel can sue theCorporation,whichcourt or courts in which state or states would have subject matter and personal jurisdiction? Please be sure to consider all possible state or federal courts in all possible states.

c.Whatdamages could Daniel recover from Michael and/or theCorporation?Bespecific and consider all possible types and forms damages in this situation.

6.Which court or courts would have jurisdiction as to each of these lawsuits? Please identify which courts (state or federal) in which states would have jurisdiction. Please be sure to considerallpossiblestate or federalcourtsinall possiblestates.Explainyour reasoning witheach.

a.Connor, a craft artist who lives in South Carolina, sells his handmade ceramic bowls and other serving pieces at arts and crafts fairs held in various South Florida locations during the busy winter season. Laurel, who lives in Jupiter, Florida,boughtsomeceramic bowls fromConnorata fair in Jupiter that he assuredher were microwave safe. About a week after buying the bowls, Laurelheatedsome food in her microwave to serve to friends in one of the bowls that she had bought from Connor. The bowlbrokewhileLaurelwascarryingit to the table, causing hot food to spill all over Laurel. Laurel had$15,000worth of damages, mainly medical bills for treatment of her burns and costs of replacing her designer clothes.

b.AuntieEmand Uncle Henry have a farm in Kansas that sits next to a small stream. Elvira Gulch, the local administrator for the U.S. Environmental Protection Agency, has issued an order declaring the stream to be part of the navigable waters of the United States and thus subject to the provisions of, among other statutes, the U.S. Clean Water Act. Ms. Gulch also has ordered AuntieEmand Uncle Henry to undertake an expensive cleanup of the stream and to relocatetheirrelativelynew chicken coop (the earlier one having been destroyed in a tornado). AuntieEmand Uncle Henry believe that Ms. Gulch hasexceededherstatutory authority and want tosuetoenjoin her (and the EPA in general) from enforcing herorders.

c.HobbesNautical AdventuresInc.(Hobbes), a maker of custom boats incorporated in Delaware with a principal place of business in Texas, sold a custom boat to Calvin, who is a resident of Louisiana. The sale took place at the facility in Texas whereHobbeshasits only operation and showroom. The boat has a serious defect that becomes apparent a few months after Calvin takes the boat to Louisiana with him. The boat cost $125,000 when Calvin purchased it.