BUL5810 EXAM QUESTIONS WITH
REVISED ANSWERS
When alcoholic beverages were made available to underage drinkers, creating a case of
negligence per se.
In Love v. Hardee's Food Systems, Inc. the main issue in this case was:
a. whetherthe owner or possessor of property should keep the floors dry at all times.
b. whether the owner or possessor of property is liable to an invitee if the owner knew,
or should have known of a dangerous condition and failed to take action to fix it,
barricade people from it, or warn people of it and an invitee was injured due to the
condition.
c. whether the owner or possessor of property is liable for hiring staff members who fail
to keep the bathroom floors clean and dry at all times.
d. whether the restaurant has a duty of care to trespassers who slip and fall on the floor.
- Answer-b. whether the owner or possessor of property is liable to an invitee if the
owner knew, or should have known of a dangerous condition and failed to take action to
fix it, barricade people from it, or warn people of it and an invitee was injured due to the
condition.
In Klein v. Pyrodyne Corporation, the main issue in this case was:
a. whether a company that sets off fireworks for a public display is subject to strict
liability for injuries that happen as a result of the activity.
b. whether people who attend a fireworks display assume the risk of injury from stray
fireworks.
c. whether Pyrodyne Corporation could foresee the injuries that occurred to the Kleins
at the fireworks display.
d. whether Pyrodyne was negligent in their actions in setting up the fireworks display. -
Answer-a. whether a company that sets off fireworks for a public display is subject to
strict liability for injuries that happen as a result of the activity.
In Palumbo v. Nikirk, the main issue in this case was:
a. whether the owners of a dog were strictly liable when their dog bit a postal carrier if
the owners were unaware that the dog would bite.
b. whether the owners of a dog of a certain breed are liable for all actions of their dog.
c. whether postal carriers assume the risk of dangerous dogs when they deliver the mail
door to door.
d. whether the owners of a dog had a duty of care to the postal carrier at the house next
door. - Answer-a. whether the owners of a dog were strictly liable when their dog bit a
postal carrier if the owners were unaware that the dog would bite.
If Tony and Shelly wish to prove defamation, what do they need to show?
That Mrs. Vogel made a false statement of a fact.
,That Mrs. Vogel harmed the reputation of the car dealership.
,That the statement was published to at least one person, other than those who worked
at the car dealership.
All of these are needed. - Answer-All of these are needed.
Which of the following would be Mrs. Vogel's best defense against the tort of
defamation?
That her statements were made on a public street.
That her statements about the car dealership were true.
That her statements about the car dealership were privileged.
That her statements about the car dealership were only spoken and not printed. -
Answer-That her statements about the car dealership were true.
Herman points out that Shelly has a right to express her opinion on the side of the road.
If she enters the lot, continues to use her bullhorn, and refuses to leave, she could be
committing what tort?
Conversion
Intentional infliction of emotional distress
Wrongful interference with a contractual relationship
Trespass - Answer-Trespass
Is there a chance that Vinny will be liable for the tort of battery?
No, since he was trying to help Maria.
Yes, because he did not kick her out of the stock room.
No, since he was working at the store.
Yes, because Maria told him not to touch her and he did. - Answer-Yes, because Maria
told him not to touch her and he did.
What duty is owed to Maria while she is in Kowalski's (before entering the stockroom)?
Since she is a licensee, there is a duty to warn her about any dangers that the store
knew of or should have known about.
Since she is a business invitee, there is no duty owed to her.
Since she is a business invitee, there is a duty to warn her about any dangers that the
store knew of or should have known about.
Since she is a trespasser, no duty is owed to her. - Answer-Since she is a business
invitee, there is a duty to warn her about any dangers that the store knew of or should
have known about.
Once Maria enters the stockroom, which of the following is Kowalski's best argument
that it is not liable for Maria's injuries?
Entering the stockroom was a superseding cause.
The stockroom was an attractive nuisance.
Maria assumed the risk of injury when she entered the stockroom.
Maria violated a dram shop act by entering the stockroom. - Answer-Maria assumed the
risk of injury when she entered the stockroom.
, Which of the following is not a valid argument that Kowalski's Grocery is not liable for
Maria's injury?
Kowalski's posted the "Employee's Only - No Admittance" sign, therefore Maria was
trespassing in the stockroom.
Vinny warned Maria the area was dangerous.
Maria assumed the risk of her injuries.
The boxes were stacked safely and therefore Maria's injury could only have been due to
her own negligence - Answer-The boxes were stacked safely and therefore Maria's
injury could only have been due to her own negligence.
Dylan believes that his neighbor, Nancy, is improperly erecting a fence on Dylan's
property. Despite efforts to get Nancy to stop the construction of the fence, she refuses.
Dylan then sues Nancy and seeks only an injunction from a court to stop the fence's
construction. What type of judicial relief is Dylan seeking from the court?
a. equity.
b. criminal.
c. restatement of the law.
d. damages. - Answer-a. equity.
Wendy sued Greg for a breach of contract, but the trial court found in favor of Greg. If
Wendy chooses to appeal her case, her party status on appeal is known as:
a. appellant.
b. defendant.
c. appellee.
d. loser. - Answer-a. appellant.
If the case of Johnson v. Texas was decided by the United States Supreme Court,
where would the opinion of the court be published?
a. U.S. Supreme Court Reports
b. Pacific Reporter.
c. South Western Reporter
d. Atlantic Reporter - Answer-a. U.S. Supreme Court Reports
LEGAL REASONING - Answer-
When applying substantive law the court considers what sort of legal rights?
a. The Restatements of the law created by the ALI.
b. The agreements between or among independent nations.
c. The rules of procedure that spells out the method to obtain a remedy in court.
d. The rules that regulate legal rights, such as contract law under a binding contract. -
Answer-d. The rules that regulate legal rights, such as contract law under a binding
contract.
If the Supreme Court of the U.S. is examining state legislation under provisions of
theU.S. Constitution, the Constitution would be paramount under what principle?
REVISED ANSWERS
When alcoholic beverages were made available to underage drinkers, creating a case of
negligence per se.
In Love v. Hardee's Food Systems, Inc. the main issue in this case was:
a. whetherthe owner or possessor of property should keep the floors dry at all times.
b. whether the owner or possessor of property is liable to an invitee if the owner knew,
or should have known of a dangerous condition and failed to take action to fix it,
barricade people from it, or warn people of it and an invitee was injured due to the
condition.
c. whether the owner or possessor of property is liable for hiring staff members who fail
to keep the bathroom floors clean and dry at all times.
d. whether the restaurant has a duty of care to trespassers who slip and fall on the floor.
- Answer-b. whether the owner or possessor of property is liable to an invitee if the
owner knew, or should have known of a dangerous condition and failed to take action to
fix it, barricade people from it, or warn people of it and an invitee was injured due to the
condition.
In Klein v. Pyrodyne Corporation, the main issue in this case was:
a. whether a company that sets off fireworks for a public display is subject to strict
liability for injuries that happen as a result of the activity.
b. whether people who attend a fireworks display assume the risk of injury from stray
fireworks.
c. whether Pyrodyne Corporation could foresee the injuries that occurred to the Kleins
at the fireworks display.
d. whether Pyrodyne was negligent in their actions in setting up the fireworks display. -
Answer-a. whether a company that sets off fireworks for a public display is subject to
strict liability for injuries that happen as a result of the activity.
In Palumbo v. Nikirk, the main issue in this case was:
a. whether the owners of a dog were strictly liable when their dog bit a postal carrier if
the owners were unaware that the dog would bite.
b. whether the owners of a dog of a certain breed are liable for all actions of their dog.
c. whether postal carriers assume the risk of dangerous dogs when they deliver the mail
door to door.
d. whether the owners of a dog had a duty of care to the postal carrier at the house next
door. - Answer-a. whether the owners of a dog were strictly liable when their dog bit a
postal carrier if the owners were unaware that the dog would bite.
If Tony and Shelly wish to prove defamation, what do they need to show?
That Mrs. Vogel made a false statement of a fact.
,That Mrs. Vogel harmed the reputation of the car dealership.
,That the statement was published to at least one person, other than those who worked
at the car dealership.
All of these are needed. - Answer-All of these are needed.
Which of the following would be Mrs. Vogel's best defense against the tort of
defamation?
That her statements were made on a public street.
That her statements about the car dealership were true.
That her statements about the car dealership were privileged.
That her statements about the car dealership were only spoken and not printed. -
Answer-That her statements about the car dealership were true.
Herman points out that Shelly has a right to express her opinion on the side of the road.
If she enters the lot, continues to use her bullhorn, and refuses to leave, she could be
committing what tort?
Conversion
Intentional infliction of emotional distress
Wrongful interference with a contractual relationship
Trespass - Answer-Trespass
Is there a chance that Vinny will be liable for the tort of battery?
No, since he was trying to help Maria.
Yes, because he did not kick her out of the stock room.
No, since he was working at the store.
Yes, because Maria told him not to touch her and he did. - Answer-Yes, because Maria
told him not to touch her and he did.
What duty is owed to Maria while she is in Kowalski's (before entering the stockroom)?
Since she is a licensee, there is a duty to warn her about any dangers that the store
knew of or should have known about.
Since she is a business invitee, there is no duty owed to her.
Since she is a business invitee, there is a duty to warn her about any dangers that the
store knew of or should have known about.
Since she is a trespasser, no duty is owed to her. - Answer-Since she is a business
invitee, there is a duty to warn her about any dangers that the store knew of or should
have known about.
Once Maria enters the stockroom, which of the following is Kowalski's best argument
that it is not liable for Maria's injuries?
Entering the stockroom was a superseding cause.
The stockroom was an attractive nuisance.
Maria assumed the risk of injury when she entered the stockroom.
Maria violated a dram shop act by entering the stockroom. - Answer-Maria assumed the
risk of injury when she entered the stockroom.
, Which of the following is not a valid argument that Kowalski's Grocery is not liable for
Maria's injury?
Kowalski's posted the "Employee's Only - No Admittance" sign, therefore Maria was
trespassing in the stockroom.
Vinny warned Maria the area was dangerous.
Maria assumed the risk of her injuries.
The boxes were stacked safely and therefore Maria's injury could only have been due to
her own negligence - Answer-The boxes were stacked safely and therefore Maria's
injury could only have been due to her own negligence.
Dylan believes that his neighbor, Nancy, is improperly erecting a fence on Dylan's
property. Despite efforts to get Nancy to stop the construction of the fence, she refuses.
Dylan then sues Nancy and seeks only an injunction from a court to stop the fence's
construction. What type of judicial relief is Dylan seeking from the court?
a. equity.
b. criminal.
c. restatement of the law.
d. damages. - Answer-a. equity.
Wendy sued Greg for a breach of contract, but the trial court found in favor of Greg. If
Wendy chooses to appeal her case, her party status on appeal is known as:
a. appellant.
b. defendant.
c. appellee.
d. loser. - Answer-a. appellant.
If the case of Johnson v. Texas was decided by the United States Supreme Court,
where would the opinion of the court be published?
a. U.S. Supreme Court Reports
b. Pacific Reporter.
c. South Western Reporter
d. Atlantic Reporter - Answer-a. U.S. Supreme Court Reports
LEGAL REASONING - Answer-
When applying substantive law the court considers what sort of legal rights?
a. The Restatements of the law created by the ALI.
b. The agreements between or among independent nations.
c. The rules of procedure that spells out the method to obtain a remedy in court.
d. The rules that regulate legal rights, such as contract law under a binding contract. -
Answer-d. The rules that regulate legal rights, such as contract law under a binding
contract.
If the Supreme Court of the U.S. is examining state legislation under provisions of
theU.S. Constitution, the Constitution would be paramount under what principle?
