Please answer all the questions.

Explanation is not needed.

in the format of the same number as in the question.

X 21. For which of the following intentional torts can a plaintiff sustain a cause of action even if intentionality on the part of the Defendant is lacking and only recklessness is proved? Battery b. Assault Defamation d. Intentional Infliction of Emotional Distress 22. Congress wishes to pass a law regulating how many hours per day truck drivers may drive. Would such a law be constitutional? a. No, because every truck driver is necessarily a resident of a state, whose laws retain sovereignty over their residents so long as they are inside the jurisdiction of said state. b. Yes, because the nature of truck-driving is such that no state could effectively regulate the entire activity, resulting in a chaotic assemblage of potentially very different laws across the nation. C . Yes, because truck drivers are instrumentalities of interstate commerce separate from their trucks and the goods they deliver or the highways they travel. d. No, because labor matters such as hours and wages and benefits are regulated by the states. 12X 29. Harvey and Bruce are neighbors. On Bruce's property is the entrance to a subterranean cavern that may or may not run underneath Harvey's property, but which is definitely filled with millions of bats, most of which probably carry rabies and hantavirus or worse. Harvey cannot access this cave from his property and has no interest in doing so. Bruce goes down into the caves every night to do god knows what, but Harvey, tired of all the weird costume parties Bruce is forever having, decides that he would like to stick it to Bruce. So he sues to have the cave in question surveyed to see if it indeed does run underneath Harvey's property. In order for the survey to take place, surveyors will have to go onto Bruce's property against Bruce's will and then explore the cave to determine its extent and location relative to the surface. For some reason, the idea of surveyors getting into his weird cave completely freaks Bruce out and he vows to use all of his impressive financial resources fighting Harvey's lawsuit. Who is likely to win this lawsuit? a. Harvey, because of the legal maxim Cuius est solum, eius est usque ad coelum et ad infernos. b. Bruce, because he is the finder of the cave and absent some indicia of ownership over it, Harvey has no standing to sue. C. Harvey, because his land, including the caves, cannot be taken from him without just compensation. d. Bruce, because he is the one who has made a beneficial use of the caves and has occupied them continuously for the prescribed length of time.35. Several landowners have residential premises in a development called "The Lakes." One owner's property contained a small beach area that could be used for swimming. That owner gave oral permission to several neighbors to use the beachfront for swimming, as a friendly neighborly gesture. For several years, the neighbors use the beach area during the summer months for swimming and other water recreation activities. That owner later sold her property to a new owner. The new owner erected fences around the beach area and placed signs saying, "keep out." The neighbors sued, claiming that they had an easement by implication through prior usage to use the beach area for swimming. Will a court restore the use of the beach area to the neighbors? a. No. Such a grant as was given by the prior owner only amounted to a license and therefore does not run with the land upon transfer to a new owner. b . Yes. The neighbors have acquired a prescriptive easement as aresult of their long and continuous use of the beach area and the new owner's land is burdened thereby. No. Water rights are not subject to easement creation via prescription or estoppel; only real property (land and structures affixed to land) may be thus burdened. d. Yes. Licenses ripen into easements (either by estoppel or prescription) after a reasonable time has passed and, unless the neighbors have relinquished the license prior to the transfer of the property to the new ownerX 27. Ali and Benj work for Jeff but are paid by Jeff's employer, At-Will State University. They have several different jobs in their role as teaching assistants including, but not limited to. grading papers, responding to emails, monitoring class participation, and meeting with students from Jeff's classes. Both were selected for their job based on their achievement in courses taught by Jeff. They both use their own computers and allocate their own time, for which they bill the University by the 15-minute increment. They are paid on a bi- weekly basis and receive a W-2 at the end of the year. Both are expected to attend Jeff's class sessions two days a week at the times those classes were set by the University. They work fewer than 30 hours a week and therefore are not provided with benefits such as healthcare or retirement-related investment. Both prepare their own study materials to use in their meetings with students and look to textbooks they purchased themselves to answer questions posed to them in student emails. Both are free to seek or hold other employment outside of their responsibilities as teaching assistants. One day, in a fit of pique, Jeff fires both Ali and Claire for not having watched the 1980 horror classic, The Shining, which Jeff believes (correctly) to be a perfect film. Ali and Benj, though both obviously wrong and both obviously bad people, now have no source of income and are both in danger of not being able to pay their rent for the upcoming month or tuition for the coming semester. If Ali and Benj sue the University for wrongful termination, what result should they expect? a. They should expect to fail as their termination could not be construed as discriminatory irrespective of their status as employees or independent contractors b. They should expect to fail as they were both clearly independent contractors rather than employees and therefore not entitled to the protections of the Civil Rights Act c. They should expect to succeed as they were both clearly employees rather than independent contractors and are therefore entitled to the protections of the Civil Rights Act d. They should expect to succeed as Jeff's termination was for a discriminatory purpose unrelated to their work performance 28. Which of the following is the best (most protective) form of deed? a. A Quitclaim Deed b. A Statutory Warranty Deed c. A General Warranty Deed d. A Special Warranty Deed 1519. Eleanor in a dust at an exclusive result, The restit is owned by a company called Bad Place, ine. Bad Place employs Michael an its manager Janet in Michael's assistant All decisions roganding the management of the result are supposed to be cleared with Michael: but Janet is the person with whein guests of the reand ordinary deal, Janet Wins been experiencing some personal problem lately-a real midlife erate kind of situation - iHill is increasingly dissatisfied with her job, lanet's malaise and associated pin performance on the job becomes so bad thinit Minimal lets her ni. The very day fansit is fired, its Janet is returning to her office to pack up her things, Eleanor ruins Into Inst en the and asks If' she could live an upgraded room as the decar of hers doesn't stell her. Janet, embittered by her recent termination and desirous of making some trouble for Michael and her former employer, simply tells Eleanor "of course; you'll just ways to pray 8:2,000 extra: you can pay me directly and I'll go process the upgrade right away!" Eleanor pays Janet in cash on the spot, When Eleanor shows up at Michael's office with her belongings, expecting to allowed to change roomin, Michael has no idea Wint she is talking about-he hasn't spoken to Janet since firing her earlier this morning. He is not inclined to give Eleanor an upgrade and refuses to do so based on an agreement with Janet about which he has never heard. Eleanor is incensed and demands that Michael honor the agreement she made with Janet, If she sues Bad Place, ine, for breach of contract, will Beanor win? Yes, because Janet's apparent authority to make such an agreement will bind Bad Place, inc, even if she lacked the actual authority b. No, because Janet had no authority to make such an agreement with Eleanor as she had been terminated prior to its formation e. Yes, because Eleanor paid for the upgrade and therefore is entitled to receive the thing bargained for from Janet d. No, because Bad Place, inc. did not receive the money for Eleanor's upgrade and thus performance was not rendered to them 20. The Dormant Commerce Clause is the idea that: a. The Supreme Court will overturn state or local regulations that are either protectionist in character or otherwise negatively impact interstate commere b. The states retain an ability to regulate commerce within their borders and Congress has the burden to prove that commerce is interstate in character regulating it via federal law c. Congress must regulate commerce with specificity and not in a manner unduly vague or overbroad d. Federal laws that impede or halt commerce in a given market betwee altogether are unconstitutional 11