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LEB 320F UT Final Exam Questions and Answers 100% Solved
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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 ...

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  • December 14, 2024
  • 63
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • leb 320f

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  • LEB 320F
  • LEB 320F

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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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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

,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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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

, 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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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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