Question 41 Which of the following types of information would NOT be challenged as heresay is a party tries to enter it into court Not yet answered Select one: Marked out of a. An engineers report describing how a car accident could have happened, but he engineer is not there to testify 1.00 O b. A witness at a trial who saw the car accident as it happened. Flag question O c. A witness at trial who described their conversation with the cousin of the accused standing trial for murder. O d. A Facebook posting of the Plaintiff Question 42 Which of the following should not be considered when doing a cost/benefit analysis to determine whether or not to sue a debtor? Not yet answered Select one: Marked out of a. The likelihood of collecting the judgment you are awarded by the trial judge. 1.00 O b. The desire for revenge you feel against the debtor. Flag question O c. The probability you will win the lawsuit. O d. The wages you will lose when attending the trial. Question 43 Which of the following would NOT be an accurate description of the concept of Prima Facie? Not yet answered Select one: Marked out of a. 1.00 If you leave your car door open when you are parked on the side of the street and another car hits it, the accident is presumed to be your fault. This is an example of Flag Prima Facie question O b. Prima Facie is a concept where if a certain situation happens, the law assumes certain things like who is liable without having to hear the whole story. c. If you put up a no trespassing sign on your front yard, and someone comes onto your property and gets hurt, it is automatically assumed that you will not be at fault for their injuries. O d. If you rear end the car in front of you while driving, you are presumed liable for the accident without needing to hear any other evidence. That is an example of Prima FacieQuestion 44 Consider the ingredients of the particular fort and the applicable defences to answer the following question. Which one of the following actions constitutes assault? Not yet answered Select one: Marked out of a. A bystander being hit by a ball during an OOKS practice. 1.00 O b. A driver making a rude gesture towards another on the way to school. P Flag question O c. Pointing a realistic-looking toy gun at another person. O d. One student bumping into another in a crowded hallway between classes. Question 45 Which one of the following scenarios would be MOST likely to result in a successful civil action for the tort of battery? Not yet answered Select one: Marked out of a. A dentist extracted a conscious patient's badly infected tooth. 1.00 b. A vandal spray painted the window of a parked car. Flag question O c. A student suffered an eye injury after being hit with a stapler that another student threw at him. O d. A hockey player suffered a serious concussion as a result of being pushed into the boards during a hockey game. Question 46 Which of the following statements regarding inducing breach of contract is FALSE (choose the best answer)? Not yet answered Marked out of Select one: 1.00 P Flag a. Inducing breach of contract requires establishing that there was a contract between two parties (say Party A an Party B), a third party knew about the contract and question intentionally convinced Party A or Party B to breach the contract. O b. Inducing breach of contract can be committed when a supplier is persuaded to abandon one customer in favour of another. O c. Inducing breach of contract can occur when your employer fires you, and ends your employment contract. d. A common example of inducing breach of contract often involves an employer persuading an employee of another business to quit his job and work for him or her