Personal Injury and Tort Litigation I. TRUE/FALSE (5 points each) _____1. In a claim of Negligence punitive damages are generally allowed. _____2. There is no limit to the amount of general damages you can receive provided you have proof in a medical malpractice action. _____3. There is no limit to the amount of special damages you can receive provided you have proof in a medical malpractice action. _____4. Joint and severable liability means a defendant is not responsible (liable) for the acts of the other defendants in the case if he/she can show they were only marginally involved. _____5. Substitute Service allows you to leave a copy of a summons with another person in defendant's home if he/she is not there. II. MULTIPLE CHOICE (5 points each) _____6. If defendant's act is not the "actual cause of plaintiff's injury, then: A. It cannot be the "proximate cause" either, so defendant will win the case, because plaintiff must prove "proximate cause" in order to win. B. It must be the "proximate cause", so plaintiff will win the case C. It cannot be the "proximate cause" either, but that doesn't matter, because plaintiff never has to prove "proximate cause" in any tort case, and therefore plaintiff wins anyway D. It is only the "proximate cause" if there were no intervening factors and the end result was foreseeable.

_____7. In a case of "comparative negligence", meaning that both defendant and plaintiff were responsible for causing plaintiff's injury: A. Plaintiff loses the case because of contributory negligence B. Plaintiff wins the case, but plaintiff only gets special damages, not general damages C. Plaintiff wins the case, but both general and special damages are reduced in direct proportion to plaintiff's own percentage of negligence, D. Plaintiff wins and gets the full amount of general and special damages, but only if defendant owed a "duty of care" to plaintiff and "breached" that duty of care. ____8. If defendant is negligent, but the injury which plaintiff sustains is much more severe than the defendant could have possibly foreseen, because plaintiff has come particular vulnerability ("eggshell skull"), then: A. Plaintiff loses because it's really plaintiff's fault, rather than defendant's fault ("defendant cannot be blamed for the fact that life isn't perfect") B. Plaintiff wins and defendant is liable for the injury even though it was unforeseeably sever ("defendant takes the plaintiff as he finds him") C. Plaintiff wins, but defendant is only liable for the injury which was foreseeable, not the "unforeseeably sever" injury ("foreseeability is everything") D. Plaintiff wins the negligence case, but only if defendant intended to cause the injury (intentional negligence will not be tolerated") _____9. The first element in a negligence case which plaintiff must establish is that: A. Defendant is guilty of a crime B. Defendant intended to harm plaintiff C. Defendant owed plaintiff a "duty of care" D. Defendant made a material misrepresentation to plaintiff.

_____10. Alice is the mayor of the city. The local newspaper publishes a story that falsely accuses Alice of unethical behavior. A. The newspaper must prove that it was unaware of the falsity of the story. B. Alice can win only if she proves that the newspaper published the story with actual malice. C. The newspaper must prove that it was it was no more than negligent in printing the story. D. Alice can win if she proves that the newspaper published the story negligently. _____11. Ted crashes into Jim's parked car. Ted was driving 70 mph while talking on his cell phone in a 25 mph zone. A. Ted committed ordinary negligence B. Ted committed gross negligence C. The crash was an unavoidable accident D. Ted's liability to Jim is the equivalent of an insurer's liability for damage ______12. Fred takes Greg's bike without permission. He returns the bike (in good condition) three weeks later. A. Fred has not committed conversion because the bike was returned in good condition. B. Fred has committed conversion because of the length of time he kept the bike. C. Fred has not committed conversion because of the length of time he kept the bike. D. Fred has committed trespass to chattels, not conversion.

_____13. What are the three main categories of damages? A. compensatory, exemplary, and punitive B. compensatory, economic, and punitive C. actual, presumed, and assumed D. compensatory, nominal, and punitive _____14. Under joint and several liability A. the relative fault of the plaintiff and defendant is compared B. the plaintiff must collect damages from the defendants proportionate to their fault C. the defendants are each liable for the entire amount of the damages D. the defendants are each liable for their proportionate share of the damages _____15. Neighbors are injured when Ted explodes a stick of dynamite in his back yard in a residential neighborhood. A. To recover for their injuries, the neighbors must show that Ted was negligent. B. To recover for their injuries, the neighbors do not have to show that Ted was negligent. C. To recover for their injuries, the neighbors must show that Ted intended their injuries. D. To recover for their injuries, the neighbors must show that Ted violated a safety statute.

_____16. Which of the following most accurately describes what "breach of duty" means in a negligence case? A. Defendant's behavior created some risk of injury to Plaintiff B. Defendant failed to use all the care which defendant personally believed was necessary under the circumstances. C. Defendant failed to use that level of care which a reasonable person would have used under the exact same circumstances D. Defendant failed to use perfect care _____17. Under "Res Ipsa Loquitur" ("the thing speaks for itself"), plaintiff is essentially doing what? A. Using the injury as evidence of breach of duty by defendant B. Using the breach itself as evidence of a "duty of care" C. Trying to establish liability for negligence even while admitting that plaintiff himself is also at fault D. Arguing that defendant is liable even though there was no "breach of duty" by defendant. _____18. Medical malpractice A. is the failure of a doctor to exercise the skills commonly applied by doctors in any field B. is the failure of a doctor to exercise the skills commonly applied by doctors in the same field under the same circumstances C. is the failure of a doctor to exercise the highest skills applied by doctors in the same field under the same circumstances D. is the failure of a doctor to exercise the skills always applied by doctors in the same field under the same circumstances

______19. A major difference between a tort case and a criminal case is that A. Only in tort cases are defendants guaranteed the right to counsel. B. The standard of proof in most tort cases is preponderance of the evidence, whereas in criminal cases it is beyond a reasonable doubt C. Jury verdicts must be unanimous D. None of the above

III. SHORT ANSWER ESSAY ( An Answer to #1 in this section is required. (250 points) For #2 through #4, you may answer 2 out of the remaining 3. (50 points each). 1. Mary and John Parent have a 12 year old son in middle school in the Contra Costa School District. The child "has a long standing formal diagnosis of Autism Spectrum Disorder, which impairs his social skills in that he has deficits in social interactions with peers. The parents first reached out to school officials in January, 2019 with concerns that their child was being bullied. The parents wrote in an email that other students were telling the boy he was "ugly and a mistake." The teasing escalated to violence at the beginning of Fall semester 2019 as students allegedly hit him in the face with a book, pushed him down and called him dumb face. The parents told school officials there was video of kids making fun of the child on the bus, and a student had posted a photo of him on Snapchat with a caption calling him an "(expletive) retard," . On October 28, 2019 the parents took their child to a swimming lesson. They noticed large bruises on the boy's back and asked him about them. In a report to the Concord police, the boy said a group of eight to 10 students pushed him over a three-foot wall on the school playground the previous day. What potential claims (and on what basis) may the parents pursue and against whom?

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CALIFORNIA STATE UNIVERSITY, EAST BAY Personal Injury and Tort Litigation (450 Points) I. TRUE/FALSE (5 points each) _____1. In a claim of Negligence punitive damages are generally allowed. _____2. There is no limit to the amount of general damages you can receive provided you have proof in a medical malpractice action. _____3. There is no limit to the amount of special damages you can receive provided you have proof in a medical malpractice action. _____4. Joint and severable liability means a defendant is not responsible (liable) for the acts of the other defendants in the case if he/she can show they were only marginally involved. _____5. Substitute Service allows you to leave a copy of a summons with another person in defendant's home if he/she is not there. II. MULTIPLE CHOICE (5 points each) _____6. If defendant's act is not the "actual cause of plaintiff's injury, then: A. It cannot be the "proximate cause" either, so defendant will win the case, because plaintiff must prove "proximate cause" in order to win. B. It must be the "proximate cause", so plaintiff will win the case C. It cannot be the "proximate cause" either, but that doesn't matter, because plaintiff never has to prove "proximate cause" in any tort case, and therefore plaintiff wins anyway D. It is only the "proximate cause" if there were no intervening factors and the end result was foreseeable.

_____7. In a case of "comparative negligence", meaning that both defendant and plaintiff were responsible for causing plaintiff's injury: A. Plaintiff loses the case because of contributory negligence B. Plaintiff wins the case, but plaintiff only gets special damages, not general damages C. Plaintiff wins the case, but both general and special damages are reduced in direct proportion to plaintiff's own percentage of negligence, D. Plaintiff wins and gets the full amount of general and special damages, but only if defendant owed a "duty of care" to plaintiff and "breached" that duty of care. ____8. If defendant is negligent, but the injury which plaintiff sustains is much more severe than the defendant could have possibly foreseen, because plaintiff has come particular vulnerability ("eggshell skull"), then: A. Plaintiff loses because it's really plaintiff's fault, rather than defendant's fault ("defendant cannot be blamed for the fact that life isn't perfect") B. Plaintiff wins and defendant is liable for the injury even though it was unforeseeably sever ("defendant takes the plaintiff as he finds him") C. Plaintiff wins, but defendant is only liable for the injury which was foreseeable, not the "unforeseeably sever" injury ("foreseeability is everything") D. Plaintiff wins the negligence case, but only if defendant intended to cause the injury (intentional negligence will not be tolerated") _____9. The first element in a negligence case which plaintiff must establish is that: A. Defendant is guilty of a crime B. Defendant intended to harm plaintiff C. Defendant owed plaintiff a "duty of care" D. Defendant made a material misrepresentation to plaintiff.

_____10. Alice is the mayor of the city. The local newspaper publishes a story that falsely accuses Alice of unethical behavior. A. The newspaper must prove that it was unaware of the falsity of the story. B. Alice can win only if she proves that the newspaper published the story with actual malice. C. The newspaper must prove that it was it was no more than negligent in printing the story. D. Alice can win if she proves that the newspaper published the story negligently. _____11. Ted crashes into Jim's parked car. Ted was driving 70 mph while talking on his cell phone in a 25 mph zone. A. Ted committed ordinary negligence B. Ted committed gross negligence C. The crash was an unavoidable accident D. Ted's liability to Jim is the equivalent of an insurer's liability for damage ______12. Fred takes Greg's bike without permission. He returns the bike (in good condition) three weeks later. A. Fred has not committed conversion because the bike was returned in good condition. B. Fred has committed conversion because of the length of time he kept the bike. C. Fred has not committed conversion because of the length of time he kept the bike. D. Fred has committed trespass to chattels, not conversion.

_____13. What are the three main categories of damages? A. compensatory, exemplary, and punitive B. compensatory, economic, and punitive C. actual, presumed, and assumed D. compensatory, nominal, and punitive _____14. Under joint and several liability A. the relative fault of the plaintiff and defendant is compared B. the plaintiff must collect damages from the defendants proportionate to their fault C. the defendants are each liable for the entire amount of the damages D. the defendants are each liable for their proportionate share of the damages _____15. Neighbors are injured when Ted explodes a stick of dynamite in his back yard in a residential neighborhood. A. To recover for their injuries, the neighbors must show that Ted was negligent. B. To recover for their injuries, the neighbors do not have to show that Ted was negligent. C. To recover for their injuries, the neighbors must show that Ted intended their injuries. D. To recover for their injuries, the neighbors must show that Ted violated a safety statute.

_____16. Which of the following most accurately describes what "breach of duty" means in a negligence case? A. Defendant's behavior created some risk of injury to Plaintiff B. Defendant failed to use all the care which defendant personally believed was necessary under the circumstances. C. Defendant failed to use that level of care which a reasonable person would have used under the exact same circumstances D. Defendant failed to use perfect care _____17. Under "Res Ipsa Loquitur" ("the thing speaks for itself"), plaintiff is essentially doing what? A. Using the injury as evidence of breach of duty by defendant B. Using the breach itself as evidence of a "duty of care" C. Trying to establish liability for negligence even while admitting that plaintiff himself is also at fault D. Arguing that defendant is liable even though there was no "breach of duty" by defendant. _____18. Medical malpractice A. is the failure of a doctor to exercise the skills commonly applied by doctors in any field B. is the failure of a doctor to exercise the skills commonly applied by doctors in the same field under the same circumstances C. is the failure of a doctor to exercise the highest skills applied by doctors in the same field under the same circumstances D. is the failure of a doctor to exercise the skills always applied by doctors in the same field under the same circumstances

______19. A major difference between a tort case and a criminal case is that A. Only in tort cases are defendants guaranteed the right to counsel. B. The standard of proof in most tort cases is preponderance of the evidence, whereas in criminal cases it is beyond a reasonable doubt C. Jury verdicts must be unanimous D. None of the above

III. SHORT ANSWER ESSAY ( An Answer to #1 in this section is required. (250 points) For #2 through #4, you may answer 2 out of the remaining 3. (50 points each). 1. Mary and John Parent have a 12 year old son in middle school in the Contra Costa School District. The child "has a long standing formal diagnosis of Autism Spectrum Disorder, which impairs his social skills in that he has deficits in social interactions with peers. The parents first reached out to school officials in January, 2019 with concerns that their child was being bullied. The parents wrote in an email that other students were telling the boy he was "ugly and a mistake." The teasing escalated to violence at the beginning of Fall semester 2019 as students allegedly hit him in the face with a book, pushed him down and called him dumb face. The parents told school officials there was video of kids making fun of the child on the bus, and a student had posted a photo of him on Snapchat with a caption calling him an "(expletive) retard," . On October 28, 2019 the parents took their child to a swimming lesson. They noticed large bruises on the boy's back and asked him about them. In a report to the Concord police, the boy said a group of eight to 10 students pushed him over a three-foot wall on the school playground the previous day. What potential claims (and on what basis) may the parents pursue and against whom?

2. Explain the concept of Strict Liability and the rationale as to why this is a valid form of recovery. 3. List and explain the three methods for valid service of a Summons & Complaint. 4. Explain the doctrine of Negligence Per Se.

IV. THE SUCCESSFUL PARALEGAL (5 points) Here are Ten Maxims for the Successful Paralegal: 1. Be a project oriented worker, not a task oriented worker. 2. Better to be five minutes early than five minutes late. 3. Don't hide your mistakes. 4. Act like an owner. 5. Imbue your work with your Spirit. 6. Remember the Golden Rule. 7. Be a team player. 8. Grow or Die. 9. Do Quality Work. 10. And remember, Excellence will carry the day. Add 2 more Maxims and explain why they are important.

2. Explain the concept of Strict Liability and the rationale as to why this is a valid form of recovery. 3. List and explain the three methods for valid service of a Summons & Complaint. 4. Explain the doctrine of Negligence Per Se.

IV. THE SUCCESSFUL PARALEGAL (5 points) Here are Ten Maxims for the Successful Paralegal: 1. Be a project oriented worker, not a task oriented worker. 2. Better to be five minutes early than five minutes late. 3. Don't hide your mistakes. 4. Act like an owner. 5. Imbue your work with your Spirit. 6. Remember the Golden Rule. 7. Be a team player. 8. Grow or Die. 9. Do Quality Work. 10. And remember, Excellence will carry the day. Add 2 more Maxims and explain why they are important.