Question 27

What does it mean when someone says that a court has subject matter jurisdiction? Give one example of a court with subject matter jurisdiction.

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Question 28

Who serves the Summons and Complaint? What does he/she do to serve the Summons and Complaint?

Question 29

Compare and contrast "remedy at law" and "remedy in equity".

Question 30

Compare and contrast"slander" and "libel".

Question 31

What must a plaintiff show in order to show standing?

Question 32

What is meant by strict liability? In what circumstances is strict liability applied? (Identify all.)

Question 33

Henry owns a coffee shop called Brunch. Karen owns a pizza parlor down the street. Karen wants to increase her business, so she offers a 2-for-1 special on Friday nights. Henry also gives a 2-for-1 special. In addition, Henry passes out flyers saying that pizza is generally not healthy; but that the food at Brunch is very healthy with organic ingredients and whole grains. Karen is upset by Henry's flyers.

Does Karen have grounds for a claim of wrongful interference with a business relationship? Explain.

Question 34

1. What is a tort? (2 points)
2. Choose one intentional tort against the person (other than battery) and describe briefly how it might occur. (2 points)

Question 35

The California State Legislature is concerned with the effect that fast food is having on teenagers, who as a group, are showing an increasing number of cases of diabetes and obesity. To this end, the Legislature enacts a law banning the advertisement of fast-food restaurants near schools, parks, and other public places where young people tend to gather. The law is challenged in court by companies, such as McDonald's.

1. What type of speech has the legislature regulated? (1 point)
2. When the new law is reviewed, what is the three (3) part test that will be applied to test the law's constitutionality? (2 points)
3. Then, make a conclusion - will this new law be upheld as constitutional? Explain. (2 points)

Question 36

Lionel was driving on the 210 freeway. It was mid-day, and there were other cars on the freeway. He was driving over the speed limit when he came upon a "slow down" of cars across all lanes of the freeway. Lionel did not have enough room to stop without running into the car in front of him that was driven by Jeff. Jeff was close to the car in front of him that was driven by Ann. Jeff hit Ann's car.

1. What are the elements of a cause of action for negligence? (2 points)
2. Identify the one lawsuit that would arise out of this situation. Use the names of the litigants (parties) in the format, "Name of Person v. Name of Person ". ( 1 point)
3. What are the two aspects (types) of causation? Use the facts and describe how each aspect will be established. (3 points)