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5 Written questions

5 Matching questions

  1. Common Law Statutory Rape
  2. Summary Judgment
  3. Pfenning v. Lineman
  4. Negligence
  5. Personal Jurisdiction
  1. a In order to establish or 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
  2. b I: Did Lineman commit negligence?
    R: There is no duty from one participant in a sporting event to another to prevent injury resulting from an inherent risk of the sport
    A: Pfenning agreed to participate and she had been participating for 3 hours before the incident, inferring that she was aware of the inherent risks
    C: The defendants didn't owe Pfenning a duty
  3. c To be successful, the plaintiff must prove:
    1. Duty-rule: One must act as a reasonable prudent person under sane or similar circumstances
    2. Breach: Failure to act when there is a duty to act
    3. Causation: Injury caused when failure to act occurs foreseeable v. unforeseeable (Palsgraff case)
    4. Damages
  4. d 1. In Personam
    2. In Rem
  5. e The unlawful carnal knowledge of a female under the age of 10

5 Multiple choice questions

  1. 1. 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
    2. Defect: Design; warning; manufacturing
  2. Non-permanent or temporary defamation
  3. Willingly knowing you're drinking or taking drugs
  4. Permanent defamation, that has a higher damage claim than slander
  5. 1. Necessity
    2. Self-defense
    3. Defense of others
    4. Defense of property
    5. Consent
    6. Shopkeeper's Privilege

5 True/False questions

  1. Boles v. Sun ErgolineI: Is this a viable case of product liability, in terms of a manufacturing 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 manufacturing defect caused an injury
    C: The case was ruled in favor of the plaintiff, because the product was deemed unsafe

          

  2. 5th Amendment1. No person shall be tried for the same offense twice
    2. Self-incrimination

          

  3. Defense of OthersOne 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

          

  4. Modern Law Statutory RapeThe breaking and entering into any structure at any time, with the specific intent to commit a crime therein

          

  5. NCR Corp. v. Korala Asst. Ltd.I: Did NCRs claims fall within the arbitration agreement, if the agreement is valid?
    R: Any doubts concerning the scope of arbitral issues should be resolved in favor of arbitration
    A: Since there were doubts that NCR's claim fell within the agreement, by the rule statement, it would need to be resolved by arbitration, regardless
    C: The Court of Appeals affirmed the district court's decision compelling arbitration