LEB 320F UT Final Exam Questions with
Latest Update
summary judgment - Answer-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 - Answer-Lower court granted summary judgement & dismissed
plantiffs case, Appeleate court disaregreed 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 - Answer-1. Plantiff complaint
-summons to defendant
2. Motion to dismiss
3. Answer
4.Default judgement
5. Discovery stage
-deposition, 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-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 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-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 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-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.
At trial, the evidence shows that at the time of the accident, Prentice was behind the
wheel eating a cheeseburger and fiddling with his radio, and that Bredeson was talking
on two cell phones. The jury concludes that the wreck was 60% Bredeson's fault and
40% Prentice's fault.
Bredeson will recover 40% of his losses in which type of system?
A. pure comparative negligence
B. modified comparative negligence C. bothAandB
D. none of the above - Answer-ANSWER: A. Bredeson gets nothing in a either type of
modified system, because he is over half at fault. Bredeson can recover 40% of his
losses in a pure comparative system. He end up with that amount because his award
will be reduced by the 60% of the blame that falls on him.
Imagine that Peter, who works for Pepsi, puts 200 cans of Pepsi into an empty vending
machineonMondaymorning. Laterthatday,KarlKlutzbuysaPepsifromthesamemachineand
takes it out onto a second floor balcony. Karl sees Vince Victim down below, waves to
, him, and fumbles the Pepsi. The can describes a perfect arc and conks Vince on the
head, knocking him unconscious. When he comes to, Vince feels like filing a lawsuit.
Whose actions are a proximate cause of this injury?
A. Peter
B. Karl
C. BothAandB
D. None of the above - Answer-Answer: B. Only Karl's action is a proximate cause.
Peter is sort of involved in all of this, in the
sensethat,ifhehadnotrestockedtheemptymachine,thisaccidentmightnothavehappened.
But he would not be considered a proximate cause, because a jury would not say, "Ah,
you should have known better - you should have foreseen that this kind of thing would
happen if you did your job and put cans in the machine." Karl's actions would be a
proximate cause, because a jury would say that he should have foreseen that if he
dropped the can from a high place he might injure someone, and that he should have
been more careful to hold onto it.
Imagine that Peter, who works for Pepsi, puts 200 cans of Pepsi into an empty vending
machineonMondaymorning. Laterthatday,KarlKlutzbuysaPepsifromthesamemachineand
takes it out onto a second floor balcony. Karl sees Vince Victim down below, waves to
him, and fumbles the Pepsi. The can describes a perfect arc and conks Vince on the
head, knocking him unconscious. When he comes to, Vince feels like filing a lawsuit.
Whose actions are causes in fact of this injury?
A. Peter
B. Karl
C. BothAandB
D. None of the above - Answer-Answer: B. Both Peter's and Karl's actions are causes in
fact. If you eliminate either's actions, the accident doesn't happen. But as we will see
shortly, it is very unlikely that Peter will be held responsible for Vince's injuries.
False Imprisonment (Intentional Tort) - Answer-right to sue for the tort of false
imprisonment when persons are unlawfully confined or restrained without their consent.
Key Elements of False Imprisonment - Answer-1. Intentional confinement (can't be by
accident, that would be negligence not false imprisonment)
2. without consent
3. without lawful authority: Police has probable cause for detainment (But method,
means, and duration must be reasonable)
4. Injury
*To win any type of civil lawsuit, you must prove _______. - Answer-Injury
Intentional Infliction of Mental Distress
and 3 requirements - Answer-emotional distress is intentionally caused. Requires 3
things. 1. defendant must act intentionally or recklessly. 2. Defendant's conduct must be
extreme and outrageous. 3.plaintiff's emotional distress must be severe.
EX.collection agencies to force debtors to pay bills.
