Stan doesn’t like having neighborhood teenagers walking across

Question 11.Stan doesn’t like having neighborhood teenagers walking acrosshis yard at night. He rigs an animal trap on the path the teenagersusually use to cross his land. One night, Tim and his friends arewalking across the yard when Tim gets caught in the trap. He istaken to the hospital for his injuries.ATim is a trespasser on Stan’s property and therefore Stan has the.right to strongly discourage anyone from trespassing.B Stan has no duty toward Tim..C Stan is not free to inflict intentional injury on a trespasser..DAll of the Above..2 points Question 21.By law, all apartment buildings in River City must have smokealarms in the ceilings. Mary suffers smoke inhalation because thesmoke alarm in her aprtment building was not yet installed. To wina negligence action against the building’s owner, Mary would have toproveA A duty existed toward.her.B. A breach of that duty.C. Injury and causationD.All of Above.2 points Question 31.The above Question is likely to be characterized as:A Res Ipsa Loquitur.B. Negligence Per SeC. Contributory NegligenceD.Assumption of Risk2 points Question 41.The Adventures of Gabby ­ Questions 4 ­ 9While driving her car in heavy traffic, Gabby is distracted by a cellphone conversation she is having, and as a result causes a multi­vehicle accident on a city street. Gabby is liable to A all those who were injured..B. only those who were insured.C. only those whose injuries could have been reasonably D.foreseen.only those whose vehicles were closest to Gabby’s car.2 points Question 51.Gabby struck Felix’s truck thereby injuring him. Assume Felix’struck contained gasoline fuel, and the collision set off an explosion,injuring Philip, a pedestrian on the street. Is Gabby liable for both Felix’s and Philip’s injuries?A Gabby’s negligent driving is the proximate cause of only .Felix’s injury because she directly struck him.B Gabby’s negligent driving is the proximate cause of only Philip’s .injury because she should have seen him on the sidewalk.C Gabby’s negligent driving is the proximate cause of both Felix and .Philip’s injuries. D Gabby is only responsible for injuries she caused to herself, no one .else.2 points Question 61.Assume that the same explosion knocked some bottles off ashelf in a medical laboratory, on the street, directly in front of theaccident. Ida, a scientist is hit and hurt by cut glass. Is Gabby liablefor Ida’s injuries?A Yes, Gabby’s negligent driving is the proximate cause of Ida’s.injury.B No, Gabby’s negligent driving is NOT the proximate cause of Ida’s.injury.2 points Question 71.Assume that the same explosion knocked some bottles off ashelf in a medical laboratory nearly three miles away. Lida, (twin ofIda who is also a scientist) is hit and hurt by cut glass. Is Gabbyliable for Lida’s injuries? A Yes, Gabby’s negligent driving is the proximate cause of Lida’s.injury.B No, Gabby’s negligent driving is NOT the proximate cause of Lida’s.injury.2 points Question 81.Assume that Gabby herself was injured and renderedunconscious in the collision, and her car set on fire. Assume furtherthat a passerby, Sam Hero, saw her situation and rushed to her aid,but injured himself in so doing. Is Gabby liable for Sam hero’sinjuries? A YES.B. NO2 points Question 91.Ozzie is walking across a highway late one night. He is struckand rendered unconscious by a car negligently driven by Gabby (whoelse)! At a high rate of speed, Gabby drives away, leaving Ozzielyling helpless in the middle of the road. Assume that Ozzie is runover by another car, driven by Sharon. And had Sharon been payingattention to where she was going she could have avoided hittingOzzie. Is Gabby liable for the additional injuries suffered by Ozzieas the result of being run over by Sharon’s car?A Yes, both Sharon’s and Gabby’s negligent driving is the proximate.cause of Ozzie’s injury.B No, Gabby’s negligent driving is NOT the proximate cause of.Ozzie’s injury. It’s all Sharon’s fault because she struck Ozzie last.2 points Question 101.Assume that a passerby, Mug, sees Ozzie unconscious in theroad, realizes that Ozzie is helpless and proceeds to rob Ozzie of hiswallet and watch. Is Gabby liable to Ozzie for the loss of the walletand watch?A Yes, Gabby is liable for Mug’s theft of Ozzie’s wallet and watch..B. No, Gabby is NOT liable for Mug’s theft of Ozzie’s wallet andwatch.2 points Question 111.Bob is walking along the beach when he sees Helen in the water, her arm in the air. He looks more closely and sees that she is drowning, not waving. He shrugs and waves back before walking off the beach.ABob owed a duty to save Helen because it was foreesable that she .would drown if he made no effort to do so.BBob would only owe a duty to try to save Helen if he had some .special ability, such as being a strong swimmer or having lifeguard training.CBob did NOT owe Helen a duty because the law does not require .one person to take positive steps for the safety of another.DBob would owe Helen no duty unless he was related to her. .2 points Question 121.The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of: A Res Ipsa Loquitur.B. Proximate Cause and ForeseeabilityC. Negligence Per SeD.Assumption of the Risk2 points Question 131.The doctrine of Res Ipsa Loquitur would permit the court toinfer negligence in which of the following situations?A A ladder rung broke under the weight of a worker’s foot..B. A baseball striking a spectator at a ball game. C. A dead tree limb overhanging the sidewalk fell onto yourD.head.All of Above2 points Question 141.Avery buys a wrapped and sealed package of Oreo cookies. Hetakes it home, opens the sealed wrapper, eats a cookie and is injuredby a tiny metal coil embedded in a cookie. Avery sues theManufacturer. Under what theory of negligence would Avery likelywin his lawsuit?A Assumption of Risk.B. Res Ipsa LoquiturC. Negligence Per SeD.Proximate Cause and Foreseeability2 points Question 151.A sports spectator who is struck by a fly ball during a baseballgame will unlikely be successful in suing the school because of thedoctrine of:A Assumption of Risk.B. Res Ipsa LoquiturC. Negligence Per SeD.Proximate Cause2 points Question 161.A rule in tort that completely bars the plaintiff from recoveringany danages if the damage suffered is partly the Plaintiff’s own fault;used in only a minority of States, is:A Res Ipsa Loquitur.B. Assumption of RiskC. Comparative NegligenceD.Contributory Negligence2 points Question 171.A rule in tort law that reduces the Plaintiff’s recovery inproportion to the Plaintiff’s degree of fault rather than barringrecovery completely, used in majority of States; isA Res Ipsa Loquitur.B. Assumption of RiskC. Comparative NegligenceD.Contributory Negligence2 points Question 181.While driving his car five miles over the speed limit, Carlstruck Darla, who was jaywalking across the street. When the casecame to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent. Darla’s injuries are $10,000. Thisaccident occurred in a State following the contributorynegligence theory of recovery.A. Darla will recover $10,000.B. Darla will not recoveranything.C. Darla will recover $6,000.D. Darla will recover $4,000.2 points Question 191.While driving his car five miles over the speed limit, Carlstruck Darla, who was jaywalking across the street. When the casecame to trial, the jury determined that Carl was 60% negligent andthat Darla was 40% negligent. Darla’s injuries are $10,000. This accident occurred in a State following the comparativenegligence theory of recovery.A. Darla will recover $10,000.B. Darla will not recoveranything.C. Darla will recover $6,000.D. Darla will recover $4,000.2 points Question 201.Which of the following activities give rise to Strict Liability?A. Keeping AnimalsB. Performing Abnormally Dangerous ActivitiesC. Selling Defective, Unreasonably Dangerous ProductsD. All of Above2 points Question 211.Beauty & the Beast’s label states that it’s manufactured hair dyeis intended solely for use on the scalp. No specific warning that thisproduct is hazardous or harmful to the eyes is featured on itspackaging. Nell purchases the hair dye, uses it on her eyebrows anda drop gets into her eye, causing a severe injury. What is Nell’stheory in her lawsuit against Beauty and the Beast?A Assumption of Risk.B. Negligence Per SeC. Strict Liability of Defective ProductD.None of the Above ­ Nell has no cause of action.2 points Question 221.Which of the following products would impose Strict Liability? A Popcorn containing large amounts of genuine butter..B. 150­proof Virgin Island RumC. A chainsaw sold without a safety shieldD.A Ferrari race car2 points Question 231.Which of the following would constitute a DEFECT? A A chair with legs designed to attached with screws and glue but on .arrival the chair lacks any glue.B A small car designed to have the fuel tank next to the rear axle..C A flammable liquid bottled in a container without a warning label .to warn users of the danger.D All of the Above..2 points Question 241.Cal sprayed pesticide on his crops in a very careful manner ona windless day. Nevertheless, some of the pesticide spray fell on hisneighbor’s side of the fence and contaminated the cornmeal for thechickens. The chickens died and the neighbor sues. What is thelikely result?A Cal is not liable because he was not negligent in his spraying.operation.B Cal is liable because the neighbor assumed the risk of damage to.the feed by placing it so close to the fence.C Cal is liable because spraying pesticides is an abnormally dangerous.activity.D Cal is not liable for the damages because of contributory.negligence.2 points Question 25D­Struct Company is a demolition firm. During a D­Structoperation, Earl a passerby, is injured. Under the theory of StrictLiability, D­Struct is liableA only if Earl’s injury was reasonably.foreseeable.B. only if D­Struct’s crew intended to injure Earl.1.C. only if D­Struct’s crew was at fault.D.whether or not D­Struct’s crew was at fault.2 points Question 261.Intellectual Property consists of which of the following?A Trade Secrets.B. PatentsC. TrademarksD Copyright.E. All of the Above2 points Question 271.What is the current term for copyright protection on a writtenwork, i.e. a book?A 95 years from the date of the publication or 120 years from the date.of creation, whichever comes firstB Life of the author plus 50 years..C Life of the author plus 90 years.D Life of the author plus 70 years.2 points Question 28You run across a poem of an author who died in 1925. Youwant to use the poem on your website. Can you use the poemwithout the author’s permission?A You can freely use the poem as any copyright has expired and the.poem is in the public domain.B You cannot use the poem as the copyright has NOT expired..1.C You must first ask permission to use the poem..D There has never been any restriction as to using the poem..2 points Question 291.Wanda has a great idea for a novel, but she won’t have timeto write until maybe some time next year. She may protect her ideaby means of:A Patent.B A Copyright.C Registration of the Idea.D An idea that has not yet been developed into a tangible form.cannot be protected.2 points Question 301.A sculptor wishes to protect one of his original works. He maydo so by applying for aA Copyright.B. PatentC. TrademarkD.All of the Above2 points Question 31Your client wishes to record and make 2000 copies of a coverof a copyrighted song (Beyonce Single Girls). The easiest way to dothis is toA Obtain trademark permission.1.B. Obtain a license from the Harry FoxAgencyC. Write Beyonce a letterD.Just use the music2 points Question 321.Cathy uses, on her new recording Drive By, the melody of asong written by Earl, without Earl’s permission. This isA Copyright Infringement.B. Patent InfringementC. Trademark InfringementD.None of Above2 points Question 331.The McDonald’s "golden arches" can be protected underA Patent law.B. Copyright lawC. Trademark lawD.Trade Secretlaw2 points Question 341.How long does trade secret protection last?A Indefinitely, as long as the secrecy last.B. Forever, regardless of whether the information remainssecretC. For 20 years from the date of first useD.None of the Above2 points Question 351.What are some of the remedies available for copyrightinfringement? A Injunction.B.C.D.The impoundment and destruction of infringing productActual damages plus profitsSeek costs and Reasonable attorneys’ fees to the winning party andcriminal penalties for willful infringementE. All of Above2 points Question 361.The process by which labor and management negotiate the termsand conditions of employment, including wages, benefits, workingconditions, and other matters is known asA Collective Bargaining.B. Res Ipsa LoquiturC. Reverse DiscriminationD.Employment at Will2 points Question 371.Fixit Company employs Wesley as a full­time mechanic. Oneday while welding a frame to a sports car, Wesley paid no attentionto a clearly visible oil leak dripping from the engine of the car. Thewelding torch ignited the oil, causing a fire in which Wesley wasburned. Which of the following best describes the rights of theparties? AFixit is liable to Wesley under a Workers’ Compensation Law and.must pay him benefits despite the fact that Wesley wascontributorily negligent when he ignored the oil leak.BWesley cannot recover Workers’ Compensation benefits because he.was negligent.CFixit is not liable to pay Wesley Workers’ Compensation benefits.since this was an accident and Wesley was at fault.DWesley’s only action is to bring a lawsuit against Fixit, he would.not be eligible to seek Workers Compensation benefits.2 points Question 381.Cody believes that Delta Company has discriminated againsthim on basis of gender. Cody files a lawsuit against Delta underTitle VII. To establish a prima facie case of employmentdiscrimination, Cody must show thatA Cody is a member of a protected class.B. Delta has no legal defenses against the claimC. Discriminatory intent motivated Delta’s actD.Other firms in Delta’s industry have committed discriminatoryacts2 points Question 391.Standard Company denies a promotion to Tony, a member of aminority, when he fails to pass a required test. Few members ofminorities have passed the test. The number of promoted employeeswho are members of minorities does not reflect their percentage inthe local labor market. In a lawsuit against Standard, if Tony canshow a connection between the test and the number of promotedminority membersA It must be proved that Standard had discriminatory intent..B. It must be proved that Standard has other discriminatorypractices.C. It must be proved that the test has discriminatory purpose.D.No evidence of discriminatory intent is necessary.2 points Question 401.Holly files an employment, gender­based discrimination lawsuitagainst Imperial Company under Title VII, on a disparate­impacttheory. Too succeed, Holly must show that Imperial hires fewerwomen than the percentage ofA Qualified women in the local labor market.B. Qualified women in the United StatesC. Women in Imperial’s state.D.Women who apply to Imperial for work2 points Question 411.Karen, manager of Liberty Insurance Company in Metro City,decides to replace the office’s male employees with females. Withina year, all of the male employees have either quit or have beenfired. One of the male fired employees brings a Title VII lawsuit.Karen’s conduct is a violation ofA No law..B. The Age Discrimination in Employment Act.C. The Americans with Disabilities Act.D.Title VII of the Civil Rights Act.2 points Question 421.Alice replaces Ben in his job at Commercial BusinessCompany. Ben believes that he has been discriminated against on thebasis of his age. For the Age Discrimination in Employment Act toapply A Alice must be 40 years of age or older.B.C.Ben must be 40 years of age or olderAll parties must be 40 years of age or older.D Commercial Business Company must have been in existence for at.least 40 years2 points Question 431.In the above Question, to succeed, with an age discriminationclaim against Commercial Business Company, Ben will have to showthatA Alice is not qualified for Ben’s job..B.C.Ben is qualified for his job.Commerical Business Company’s qualifications for Ben’s job are toohigh.D No one could do Ben’s job as well as he could..2 points Question 441.Dan is a Democrat, Eve is blind, and both work for FirstNational Bank. Considered disabled under the Americans withDisabilities ActA Are Dan and Eve..B. Is Dan only.C. Is Eve only.D.Is neither Dan or Eve.2 points Question 451.Abel is an alcoholic, Baker is morbidly obese, and both workfor Charlie Company. Considered disabled under the Americans withDisabilities ActA Are Abel and Baker..B. Is Abel only.C. Is Baker only.D.Is neither Abel norBaker.2 points Question 461.Sophisticates, a women’s clothing store, employs femaleattendants to assist female customers in the dressing rooms. Tom, amale, applies for the attendant’s job, but is not hired. In Tom’slawsuit against Sophisticates for employment discrimination underTitle VII, the store hasA An affirmative action defense..B. A bona fide occupational qualification defense.C. A Reverse Discrimination defense.D.A Seniority Merit Plan.2 points Question 471.United Industrial Corp. gives preferential treatment in hiring and promotion to the members of all protected classes. This treatment results in discrimination against members of the majority. This isA. a Bona Fide Cccupational practice.B. Employment at WillC. a Defect.D. Reverse Discrimination.2 points Question 481.In a Title VII case, discrimination exists if the PlaintiffA Is within a Protected Class.B. Applied for an open employment positionC. Was qualified for the positionD.Was denied, and the employer continued to recruit for the position.E. None of the Above are necessary for a Title VII case.F.All of the above are needed (A), (B) (C) and (D) for aDiscrimination case.2 points Question 491._________________________________________ occurs when anemployer intentionally discriminates against an employee who is amember of a protected class.A Reverse Discrimination.B. Employment at WillC. Disparate TreatmentD.Discrimination Disparate Impact Discrimination 2 points Question 501.Ace Manufacturing Company requires its workers to have ahigh school diploma and pass an IQ test. In a lawsuit against Aceunder Title VII, these testing requirements are shown to have adiscriminatory effect. This type of discrimination is known asA Affirmative Action.B. Reverse DiscriminationC. Disparate Impact Discrimination D.Disparate TreatmentDiscrimination