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