LEB 320F UT Final Exam Questions and
Answers 100% Solved
summary judgment - ✔✔A Judge can grant _____ terminating a case
before it ever goes to trial
Granted if evidence clearly shows one side will win so a trial would be a
waste of time.
PODIAS V. MAIRS - ✔✔Lower court granted summary judgement &
dismissed plantiffs case, Appeleate court dissaregreed and said
Defendants were liable so case was remanded & sent back to lower court.
THE CASE
Mairs w/ 2 friends in the car, drunk driving hits podias, all leave scene, no
one calls 911
Sueing friends
Result: jury finds defendants liable for negligence bc aided & abetted Mairs
(let him drunk drive), and wrongful post-accident conduct (left him in the
middle of the road/ didn't call 911)
Order of what happens before a trail - ✔✔1. Plantiff complaint
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,-summons to defendant
2. Motion to dismiss
3. Answer
4.Default judgement
5. Discovery stage
-depostition, interrogatories, request for production of documents
6. Summary judgement
Bill says, "I hate Steve!" Steve's boss hears the exclamation, and later fires
Steve because he no longer trusts him. Steve has to go into business for
himself.
Tom says, "Steve stole $1000 from me when I hired him to do my taxes!"
This is not true. Steve's largest client fires him.
Bill has committed __________________, and Tom has committed
_______________.
A. no type of defamation; slander per se B. no type of defamation; libel
C. slander; slander per se
D. slander; libe - ✔✔ANSWER: A. Bill has given his opinion, and has not
stated something that is verifiably false, so there is no defamation even
though Steve has suffered a negative consequence. Tom has lied to
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,another person about Steve, and because it involves Steve's professional
reputation, it amounts to slander per se and not just ordinary slander.
Sue rents a Segway scooter. While riding around downtown, she spots her
arch enemy Archie, who is standing on a sidewalk facing away from her
and looking at his phone. Sue grimaces, sets her shoulders, and
accelerates to the Segway's top speed of 5 miles per hour. With a look of
pure rage, she zeroes in on Archie, who is still looking at his phone and
scrolling through an endless stream of nothing in particular.
Eventually, Sue reaches Archie and runs into him from behind, knocking
him down to the sidewalk. Archie never saw it coming. In the fall, he breaks
his wrist.
What torts has Sue committed?
A. Assault
B. Battery
C. BothAandB
D. None of the above - ✔✔ANSWER: B. Since Archie was never afraid,
Sue has not committed assault. But, since she deliberately acted and
caused a harmful bodily contact, she has committed battery.
Ann lives in a state that has a 2-year statute of limitations and a 10-year
statute of repose on negligence cases. Two bad things happen to her in
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, 2018. First, she is involved in a car accident that is entirely the fault of
Donny Driver. Immediately after the wreck, she is operated on by Sally
Surgeon. Sally does a careless job of reconstructing Ann's elbow, but it is
done in a way that causes no initial pain and that Ann does not even notice
until 2020.
Now it is 2021. Ann is frustrated by her elbow pain, and decides that she
wants to sue both Donny and Sally. Can her lawsuit proceed if the
defendants raise the defenses described in this section?
A. Yes, against Donny and Sally. B. Yes, against Donny only.
C. Yes, against Sally only,
D. No. - ✔✔ANSWER: C. Because she was not able to detect the botched
surgery until 2020, the 2-year statute of limitations was tolled and did not
begin to run until 2020, so the lawsuit against Sally can proceed. It is too
late to sue Donny in 2021, because it has been more than 2 years since
the accident.
After a long day of creating online course materials, Prentice and Bredeson
have a fender- bender in the faculty parking lot. They briefly consider
fighting, but they soon realize that neither is particularly good at fighting, so
they decide to sue each other instead.
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