BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
GBL 385 Final Exam Study Guide Questions
With Correct Answers
Howard, is a student at Big State University (BSU). Howard also works part time as a report for
the BSU student newspaper. Howard writes a completely false story which states that Howard
witnessed Sheldon hot-wiring and stealing a Honda Metropolitan scooter from a parking lot at
BSU. The story is entirely false. If Sheldon decided to sue Howard for a tort, which one would
most likely result in a win for Sheldon - answer✔✔Libel
Odie, a driver for DashDoor Delivery Service, causes a multi-vehicle accident on a city street.
Odie and DashDoor are liable to - answer✔✔only those whose injuries were factually and
proximately caused by Odie
Negligence concerns harm that: - answer✔✔arises through carelessness or imprudent action.
Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict
liability is imposed on this activity because - answer✔✔the activity is extremely risky.
Stan eats dinner at Ralph's Diner, After looking at the bill, Stan believes that he was overcharged
and shoves Ted, the cashier. Ted wants to sue Stan and get enough money to pay his medical bill
Ted's shoulder hurt the next day after he was shoved and he went to the Dr. Ted's best cause of
action would be - answer✔✔to sue Stan for battery
In a tweet to Calvin, a reporter for the site Blast, Ellen accuses Financial Services Corporation of
cheating on its taxes. If false, making this statement is - answer✔✔defamation.
Penny drove through an intersection without looking and hit Sheldon's car that he had driven into
the intersection without obeying a stop sign. Penny sued Sheldon. The jury found that Penny's
fault contributed 20 percent to the collision and determined that her total loss was $100,000.
Under comparative negligence, the jury should award Penny: - answer✔✔$80,000.
A ninety-year-old patient walked away from a nursing home and wandered onto some nearby
railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes
later a train approached. The engineer saw the man on the track and could have stopped, but the
train's brakes were defective. As a result, the train hit and killed the man. His family is suing the
railroad for negligence in a state that follows the contributory negligence doctrine. In this case, -
answer✔✔the train had the last clear chance to avoid the accident, so the patient's contributory
negligence does not bar his estate's recovery.
, BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a
parking place. Mindy jumped out into the street five feet in front of his car. Chris could not avoid
hitting her. What is Chris's best defense to the charge of negligence? - answer✔✔Mindy illegally
crossed in the middle of the street, which was a superseding cause of the accident.
Ricky, a licensed professional engineer, supervises the construction of a new highway. When the
road collapses in a landslide due to faulty grading, Ricky is sued by hundreds of motorists and
hikers injured in the collapse. As a professional, Ricky is held to the same standard of care as -
answer✔✔other licensed professional engineers with similar training and experience
A Michigan state statute requires amusement parks to maintain equipment in certain condition
for the protection of patrons. Jimmy's Fun Park fails to properly maintain its equipment in a
reasonable and prudent manner. Katy visits the park and is injured by a loose piece metal that
went flying off of one of the rides. Jimmy's would most likely be liable under a theory of -
answer✔✔negligence.
Louis pushes Molly, who falls and breaks her wrist. Louis is liable for the injury - answer✔✔if
Louis intended to push Moly.
While driving his car five miles over the speed limit, Barry struck Penny, who was jaywalking
across the street. When the case came to trial, the jury determined that Barry was 60 percent
negligent and that Penny was 40 percent negligent. Penny's injuries are $10,000. If this accident
occurred in a state following the comparative negligence theory of recovery: - answer✔✔Penny
will recover $6,000.
Fred, a contractor, used dynamite to loosen a rocky hillside. The blast from the dynamite caused
the foundation of a nearby house foundation to crack. The house was located over a half-mile
away from the dynamite site. Fred followed all the appropriate industry practices when using the
dynamite and there is no evidence of negligence. Fred did not intend to harm the foundation of
the house. However, the home owner claims Fred the contractor is liable for damage to the
foundation. Which is the owner's best grounds for suing Fred - answer✔✔Strict Liability Tort
Mandy is walking past Tommy's house when he hears a smoke alarm going off. He also hears a
child calling for help and sees smoke coming from a window. Mandy rushes into Tommy's
house, finds the child and brings it outside. If Tommy sues Mandy for trespass to land, Mandy's
defense will probably be - answer✔✔public necessity
Robert is a spectator at the National Tennis Tournament, amateur athletic competition.
Regarding the risk of injury, Robert assumes the risks - answer✔✔normally and foreseeable for
such a tournament.
Sheldon, a weak swimmer, ignored warning signs in a recreational swimming area and went into
deep water. He soon grew tired and realized that he could not make it back to shore. Seeing
Penny, he cried out for help. Penny, however, ignored the pleas. Sheldon was finally saved by
Dorothy, but suffered brain damage from being submerged during the ordeal. Sheldon now sues
