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5 Written questions

5 Matching questions

  1. Palsgraf v. Long Island Railroad
  2. Voluntary Intoxication
  3. Personal Jurisdiction
  4. Blankenship v. Collier
  5. Contributory Negligence
  1. a 1. In Personam
    2. In Rem
  2. b Willingly knowing you're drinking or taking drugs
  3. c I: Did the guards commit negligence?
    R: Negligence: Duty, Breach, Causation, Damage
    A: The damage was not direct and the causation was unforeseeable
    C: Palsgraf's case was dismissed
  4. d I: Was the trial court correct in granting the summary judgment motion?
    R: In order to establish and prove a summary judgment motion, there must be no genuine issue of material fact and the evidence has been viewed in the light most favorable to the non-moving party
    A: Collier never produced any expert testimony so therefore, had no material fact to support his case; he was given almost a year to come up with an expert testimony, but there was no genuine issue of material fact, so the trial court granted the summary judgment
    C: The Supreme Court of Kentucky reversed the decision of the lower court and reinstated the trial court's decision; the trial court was correct in granting the motion
  5. e Plaintiff contributed to negligence

5 Multiple choice questions

  1. Through gestures, not directly said or written
  2. The intentional placing one without reasonable means of ingress or egress
  3. The trespatory taking and asportation of the personal property of another by force, fear, or intimidation
    -Only common law, not modern law
  4. One may use both deadly or non-deadly force where the other was also privileged to use the same amount of force, protecting the victim, not the wrongdoer
  5. I: Is the arbitration agreement valid?
    R: The agreement at issue is both procedurally and substantially unconscionable
    A: The agreement was unconscionable or it favored one party more than the other; In this case, GeoEx made the plaintiffs come to California in order to mediate or arbitrate, limited the damages rewarded to the plaintiff, and lead the plaintiff to believe that other entities use the same agreements, implying that they lacked bargaining power
    C: The arbitration agreement is not valid, so GeoEx's motion to compel arbitration is denied

5 True/False questions

  1. DefamationA mutually agreed upon 3rd person, a mediator, listens to the facts and gives non-binding opinions

          

  2. Bullock v. Phillip-Morris USA, Inc.I: Is this a viable case of product liability, in terms of design defect?
    R: Where a seller, manufacturer, or retailer places a defective product in the stream of commerce, the user, consumer, or bystander may have a successful lawsuit under a product liability suit
    A: The jury confirmed that there was a design defect, as the benefits didn't not outweigh the risks of the product
    C: Bullock was successful and Phillip-Morris had to pay punitive damages

          

  3. Modern Law Statutory RapeThe unlawful carnal knowledge of any person under the age of majority

          

  4. Modern Law ArsonThe malicious burning of any structure

          

  5. Wyeth v. LevineI: Was there an issue of intentional infliction of emotional distress?
    R: Extreme and outrageous conduct calculated to cause emotional distress
    A: The way Tay's remains were handled against the wishes of her family would be considered extreme and outrageous behavior and Stern's actions caused emotional distress
    C: The appellate court reversed the lower court's decision

          

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