Question 1

Tourism Industry

This rule is one of the most usually violated in the community:

Gatherings outside of residences shall be prohibited. Gatherings at residences with any person outside of one's immediate household shall likewise be prohibited. However, gatherings that are essential for the provision of health services, government services, or humanitarian activities authorized by the appropriate government agency or instrumentality shall be allowed. Pastors, priests, rabbis, imams or such other religious ministers and their assistants may conduct religious services performed through online video recording and transmission, necrological services, wakes, inurnment, and funerals, and they shall be allowed to move for such purposes . Corollary, immediate family members of the deceased who died of causes other than COVID-19 shall be allowed to move from their residences to attend the wake or interment of the deceased upon satisfactory proof of their relationship with the latter, fully complying with the prescribed minimum public health standards for the duration of the activity. (As amended by Paragraph B of IATF Resolution no. 106-B, March 28, 2021)

1. Explain why that rule is the most violated
2. Explain your point
3. How can it be prevented?

Question 2

Acme Blasting is conducting blasting activities near homes and causes damage to nearby homes.Which is true:

Group of answer choices

Acme will be found liable only if it acted recklessly

Acme will be found liable only if it acted negligently

Acme will not be liable if it acted in accordance with federal mining regulations

Acme will be found liable regardless of whether it used reasonable care

Question 3

Jack had taken his girlfriend, Diane, on a long drive. While driving on the highway, he suddenly had a severe headache and lost control of the car. They were hit by a passing car. The doctor had earlier warned Jack that he had a medical condition that would cause headaches, and that he should not drive. Diane sued Jack for negligence. Is she likely to succeed?

Group of answer choices

Yes, because Jack could reasonably foresee the headache that led to the accident

No, because Jack did not intend to cause an accident

No, because she can sue only the driver of the car that hit them

Yes, because Jack could be found strictly liable

Question 4

Homer's negligence caused an automobile accident with Bart. As a result of the collision, Bart's car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and is injured. Patty sues Homer. In order to avoid liability, Homer's best defense is that:

Group of answer choices

There is no actual cause between the negligence and the injury

There is no proximate cause between the breach of duty and the injury

Bart's car was the one that collided with the telephone pole

Bart's car was the one that collided with the telephone pole

Question 5

Best Western owns a hotel in a St. Louis neighborhood that has been subject to many break-ins. The hotel manager was warned staff about the break-ins and has told the staff to be on "high alert." Which is true:

Group of answer choices

People who stay at the hotel are considered to be "invitees."

The hotel has a duty to warn customers at the hotel of the risk of danger and take steps to keep them safe

Both of the above

None of the above

Question 6

Strict liability in a product case may apply if a product is both defective and:

Group of answer choices

negligently manufactured

negligently designed

unreasonably dangerous

Question 7

The state of Iowa has a statute that makes hazing (tormenting someone who is trying to become a member of an organization) a crime. The purpose of the statute is to prevent physical harm to people who are potential or new members of organizations and might suffer physical or emotional injury as the targets of hazing. Tad Low joined the pre-law club at Iowa State College. The pre-law club had a traditional hazing ritual for any new member that consisted of stripping the new member's clothing off and duct-taping him to a lamp post in the middle of campus. This was done to Tad Low at the first meeting of the pre-law club. A photograph was taken of a naked Tad duct-taped to a lamp post and the photograph was uploaded to the internet, where Tad's father, Quart Low, saw it. Quart Low was deeply shocked and angry and had a heart attack. Quart Low brings a suit against the pre-law club to recover compensation for his medical expenses associated with his heart attack. Which of the following is true?

Group of answer choices

Quart Low will be able to win on a theory of negligence per se, because the pre-law club violated a state statute.

Quart Low will win on a theory of negligence per se, because its illegal hazing was the actual cause of his heart attack.

Quart Low will not win on a theory of negligence per se, because he was not within the category of people that the hazing statute was designed to protect.

Quart Low will not win on a theory of negligence per se, because the pre-law club did not have exclusive control of the instrumentality of the harm Quart Low suffered (i.e., the internet photo).

Question 8

Roman Holiday checked into Windy Manor, a bed and breakfast hotel, for the weekend. While dressing for dinner in his room at Windy Manor, Roman had a massive heart attack and died instantly.His body was discovered the next morning when a trash can fire in the vending machine room set off the fire alarm, and firefighter broke down his door to "rescue" him.Several days later, local officials announce that Windy Manor does not have a functioning fire sprinkler system as is required by state law. Roman's heirs sued Windy Manor for negligence. In this case, Windy Manor's best argument is that:

Group of answer choices

It owed no duty to Roman because Roman was not an individual to whom any special duties were owed.

Its failure to have a functioning fire sprinkler system was not the actual or proximate cause of Roman's death.

Res ipsa loquitur prevents liability to hotel guests.

Windy Manor doesn't really have a good argument because it is strictly liable for Roman's death.

Question 9

Marty sued his lawyer, Max Bluster, for malpractice (professional negligence), claiming that Max had been negligent in drafting a contract for Marty's business, Indiana Bowling Bonzanza. In this case, Max Bluster's conduct will be judged by which standard of care?

Group of answer choices

By the standard of a reasonable person of ordinary prudence.

By the standard of a reasonable member of his profession (the legal profession).

By the standard generally owed to business invitees

By the standard of comparative negligence, because that is Indiana's law

Flag this Question

For the next two questions: Kohl's department store has a special sale for "loyal customers."On the day of the sale, Kohl's will open one hour early, those who receive the notice get 40% off everything.Jenny is unaware of the sale, but happens to arrive during the sale hour and enters the store and starts shopping.

Question 10

In terms of traditional rules of premises liability in negligence law, Jenny is a/an:

Group of answer choices

Licensee

Visitor per se

Invitee

Trespasser

Question 11

If a light fixture falls from the ceiling of the Kohl's building, the light hits Jenny over the head, Jenny is injured, and she sues Kohl's for negligently causing her injury, which of the following is true?

Group of answer choices

Kohl's is only liable if it failed to warn Jenny that there was a dangerous condition on the premises.

Kohl's is liable if it knew or should have known that the light fixture was dangerous but failed to take reasonable steps to protect Jenny against injury.

Kohl's owes Jenny no duty of care, because she took on the risk of being injured by going to the sale.

Kohl's is strictly liable for any injury Jenny suffers, regardless of the steps it took to protect her.

Question 12

Who can bring a products liability claim under a strict liability theory?

Group of answer choices

The person who purchased the product

Any foreseeable user of the product

Question 13

Lisa is in the midst of organizing a new start-up retail clothing store. She goes to Software World, a large retail operation that sells all sorts of personal- and business-use software. She talks to one of the sales managers at Software World about her new business and her particular needs for a new point-of- sale software to track her sales, run her cash register and credit machines, and help her stay on top of inventory needs. She tells the sales manager that she's clueless when it comes to software, so she needs something user friendly but powerful enough to accomplish her goals, some of which are unique to her business, and which she outlines in significant specificity. The sales manager recommends "Total P.O.S.," a popular point-of-sale software platform for pop-up stores and people who run small retail operations out of their homes. Lisa, relying on the sales manager's recommendation, purchases Total P.O.S.

Even though all indications are that Total P.O.S. functions as one familiar with the program would expect it to, it is a disaster for Lisa. It is not powerful enough to handle an inventory of the size and complexity of Lisa's store and cannot do several of the functions she told the sales manager were absolutely necessary for her. As a result, her store's grand opening is delayed. She has to hire a software consulting firm to fix all that's wrong. She wants to sue Software World for her troubles. Which of the following claims will provide her with the best opportunity for recovery?

Group of answer choices

Breach of the express warranty

Breach of the implied warranty of merchantability

Breach of the implied warranty of fitness for a particular purpose

Breach of strict performance

Question 14

Arnold, an air conditioning technician, sold his car to Carlos. Has an implied warranty of merchantability been created by this transaction?

Group of answer choices

No, because Arnold is not a merchant.

Yes, because if the car is defective Carlos will have a right to return it to Arnold.

Yes, because a car is "goods" and the Uniform Commercial Code applies to contracts for the sale of goods.

No, because Arnold has not implied anything about the character or quality of the product either orally or in writing.

Question 15

In the United States:

Group of answer choices

The loser pays the winner's attorney

Each party pays their own attorney fees

Question 16

Joe buys some watermelon seeds from a seed manufacturer's catalogue. The catalog describes the seed Joe buys as "top quality." Joe strongly relies upon this statement in making the purchase. The seed turns out to be worthless, and Joe sues the manufacturer for breach of express warranty. You are the attorney representing the manufacturer. Which of the following is your best argument for escaping liability?

Group of answer choices

Statements in a catalog cannot construct an express warranty.

The manufacturer did not give a sample or a model of the seed.

Because the seed manufacturer specialized in tomatoes, it is not a merchant

The catalog description was merely sales talk or "puffery."

Question 17

The purpose of punitive damages is to compensate tort victims for their injuries.

Group of answer choices

True

False

Question 18

A significant factor in the award of punitive damages in the McDonald's hot coffee case was:

Group of answer choices

That McDonald's had received literally hundreds of complaints about the temperature of the coffee in the years prior to Stella Tieback's injuries

That McDonald's was following industry standards

That McDonald's had the ability to pay a large damage award

That there was no tort reform at the time

Question 19

Phil is driving on an icy road. Unable to stop, Phil slides through red light, hitting Kevin's car. Kevin's car is damaged, but he is otherwise fine. At trial, which is most likely:

Group of answer choices

Phil will be strictly liable

Kevin will recover compensatory damages

Kevin will recover compensatory and punitive damages

Question 20

Which of the following is NOT a characteristic of the UCC?

Group of answer choices

It is more flexible than the common law

The courts will look to course of dealing between the parties

It applies to sales of goods

It applies to sales of services and other intangibles

Question 21

"Tort reform" refers to the concept that:

Group of answer choices

plaintiffs should be able to recover more compensatory damages from defendants

negligence should be replaced with strict liability in most cases

plaintiffs' ability to recover large sums in damages should be more limited

Question 22

Warranty of Fitness for a Particular Purpose is:

Group of answer choices

An implied warranty

An express warranty

Question 23

Kelly's power goes out for several days. Unable to cook, Kelly orders take-out from Dats Fine Louisiana Cooking.Kelly is a decent cook herself, and often makes gumbo, jambalaya, and red beans and rice.She is disappointed in Dats' gumbo and posts a scathing review on Yelp, saying that it was "flavorless and inauthentic."

If Dats sues Kelly for defamation, will it win?

Group of answer choices

Yes, because Kelly has criticized Dats' food in a public forum

Yes, because everyone else loves Dats' gumbo

No, because opinion is not defamation

No, because there is no actual malice

Question 24

Brian has to have emergency surgery.Afterward, he still feels terrible.An x-ray reveals that there is a surgical instrument inside his body.If he sues his surgeon, Brian's best theory is:

Group of answer choices

Reckless indifference

Negligence per se

Intentional tort

Res ipsa loquitor

Question 25

Which of the following distinguishes the standard of product liability found in the Restatement (Third) from the Restatement (Second) section 402A strict liability standard?

Group of answer choices

It covers design defects

It covers manufacturing defects

It does not require that the product be unreasonably dangerous, just defective

The Restatement (2nd) applies to merchants and the Restatement (3rd) does not