Reference no: EM132097426
1- Derek and Steve go to the bar after work. Steve agrees to drink only water and be the designated driver. As the night progresses, Derek watches Steve have a few cocktails, and soon they are both taking shots and have done a couple lines of cocaine in the bathroom. Steve, being a man of his word, agreed to drive Derek home at the end of the night. Shockingly, Steve crashes into the nearest lightpost, which falls on the passenger side of the vehicle, severing Dereks leg off. Is Derek likely to be successful if he brings a tort case against Steve?
a- Yes, Steve’s choice to drive the vehicle in that state makes him liable for any
b- negative outcome.
c- No, Derek knew that Steve was incredibly intoxicated and assumed the risk of a
d- negative outcome by voluntarily riding with Steve.
2- Arnold, an Idaho resident, purchased a car online from Erik in Georgia. Arnold contracts a shipping company to pick up the vehicle from Erik in Georgia and ship it to Idaho. Once received, Arnold rescinds payment but keeps the vehicle. Erik files suit at his local courthouse in Georgia. Arnold argues that the Georgia court does not have personal jurisdiction and cannot hear the case. What is the likely outcome?
a- Arnold has sufficient contact with Georgia, thus the court has personal jurisdiction.
b- The Court has jurisdiction through federal question.
c- Arnold does not have sufficient contact, thus Erik would need to travel to Idaho in
d- order to file suit.
3- Evidence gained as part of an unreasonable search and seizure is admitted only when necessary to prove the government’s case.
true
false
4- Men’s rea requirements were enacted to punish both purposeful and unintentional wrongdoers in a similar manner.
true
false
5- Harold’s favorite band is Nickelback. He is excited to hear they will be playing at a local venue and immediately buys tickets. Harold goes to the concert and afterward notices a ringing in his ear. Several months later the ringing is still present, and a doctor informs him he has permanent hearing loss due to the concert. Harold wants to sue Nickelback for the damage to his ear, is he likely to be successful?
Yes
No
6- Corporations may sometimes consciously break the law if the benefits gained will outweigh the risks or penalties of the crime.
true
false
7- Jim lives in Moscow and is an Idaho resident. On a business trip to Pullman, Washingtion, Jim accidentally runs over Pam who is walking through an intersection near WSU. Pam files suit against Jim in the Pullman Court System (Whitman County, WA). Jim makes the argument that Washington does not have personal jurisdiction over him, and thus cannot hear the case. What is the likely outcome of Jim's argument?
a- Washington Court has personal jurisdiction to hear the suit, and the case will continue.
b- Washington Court does not have personal jurisdiction, and the case will be dismissed.
8- Ex post facto laws are generally valid?
true or false
9- Determining whether a defendant is the proximate cause of a plaintiff's injury requires a but-for analysis.?
true or false
10- A service mark is typically considered a trade secret.?
true or false
11- An intervening force must be foreseeable in order to excuse the defendant from liability of his negligent act.
true or false
12- Res ipsa loquitur shifts the burden to the defendant to prove his/her actions were not negligent.?
true or false