LEB 320F EXAM QUESTIONS WITH
REVISED ANSWERS ALL CORRECT
Ann lives in a state that has a 2 year statute of limitations and a 10 year statute of
repose in negligence cases. In 2018, she is operated on my 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 notice until 2020.
Now it is 2027. Ann is frustrated by her ongoing elbow pain, and decides that she wants
to sue Sally. Can her lawsuit proceed successfully? - Answer-No, because the statute of
limitations has run
Barry, who is at home in Austin, answers his phone. It is his business nemesis Ned on
the other end. "Barry!" Ned yells. "You stole my biggest client!"
"Now, relax," Barry replies. "We offered him a better price. Fair is fair."
"Stole him from me! I'm coming to your house, and I'm going to beat you within an inch
of your life...as soon as I get home from Germany. Where I am now. In Germany. You
know, many, many thousands of miles away."
The line disconnects. Barry is quite worried.
Which of the following has Ned committed? - Answer-None of the above
In the featured case Wal Mart v. Cockrell, Karl Cockrell was searched by a security
office who suspected him of shoplifting. Characterize the court's findings related to the
detention. - Answer-The detention amounted to a false imprisonment.
Devin is in a car accident with Beth. The jury finds that the damage to Devin's car is
$10,000. The jury also finds that the wreck was 45% Devin's fault and 55% Beth's fault.
If Devin's state uses a modified comparative negligence system, how much can he
recover? - Answer-$5,500
Don is angry at his coworker Carol, and he spreads a rumor around the office that Carol
was arrested over the weekend for driving while intoxicated, a felony. Don's statement
amounts to _________________. If she decides to sue Don, Carol ________________
have to show special damages. - Answer-slander per se; will not
The idea of a social contract support the view that corporations are agents of
_______________. The concept of group dynamics supports the view that corporations
are agents of ______________. - Answer-society; society
A child pleads with his parents. "Everyone else is doing it," he says. This simple
argument illustrates... - Answer-Conformity bias
, Batman has a chance to kill the Joker. After an internal debate, he decides to kill his
arch enemy because, he reasons, by taking one life, he can save many people whom
the Joker would likely kill in the future. Which of the philosophical approaches to ethical
reasoning most closely matches Batman's thought process? - Answer-utilitarianism
Rex tries to make decisions in such a way as to benefit as many people as possible.
Sam tries to treat everyone as he would wish to be treated. Rex takes a
_________________ approach to decision making, and Sam follows a
______________ approach. - Answer-utilitarian; deontological
John punches Bill in the face. If Bill sues John and accuses him of committing the tort of
battery, _____________ will have the burden of proof, and the burden will be to prove
the case ______________________. - Answer-Bill; by a preponderance of the evidence
Julia Jaywalker is arrested for, you guessed it, jaywalking. A judge sets her bail at
$1,000,000. This rather large sum will be found to most directly violate the __________
Amendment. - Answer-8th
In a scene straight from a crime movie, Barry Burglar breaks into a bank and sets an
explosive charge on the door to the bank's vault. The expolsion is larger than Barry
expects, and it destroys a wall and kills a security guard in the next room. Barry didn't
even know the guard was there.
True or false: Barry could be charged with a general intent crime related to the death of
the security guard. - Answer-True
Sam posts flyers around town offering to pay $100 to anyone who finds and returns his
lost dog. This is a ________________ offer. If Ann calls Sam and promises that she will
not rest until she finds his dog, Sam _____________ have to pay her $100 for her
promise. - Answer-unilateral; does not
In the featured case Leonard v. PepsiCo, recall that Leonard saw a television ad in
which a student landed a Harrier Jet at his high school, and a subtitle indicated that the
cost of the jet was "7 million Pepsi Points". The plaintiff then sought to acquire 7 million
Pepsi Points and to require Pepsi to hand over the plane. The appellate court decided
that... - Answer-Pepsi did not make an offer, because they did not manifest the objective
intent to make an offer
I email to you, "I'll sell you this pen for $1 if you accept by 3:00 today."
You reply, in a 2:00 email, "I'll accept if you deliver it to my house."
At 2:30, I email you, "No, I don't want to drive over there."
At 2:45, you email, "I accept the deal." - Answer-No, because the offer was rejected.
Paula Prosecutor files suit against Donny Defendant. She accuses Donny of armed
robbery, and will seek significant jail time. The case will be a ___________ lawsuit. In
the case, Paula's burden of proof will be to prove her case ____________________. -
Answer-criminal; beyond a reasonable doubt
