Chapter 5,6,7,8
Question 1
1.
Abuse of process requires:
Answer
That the suit terminate in the defendant’s favor
That there be a probable cause
Proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed
Proof that the suit was brought out of malice
2 points
Question 2
1.
Tom is a 10 year-old who has been caught committing serious crimes repeatedly. According to recent states statutes, he will be:
Answer
Incapable of forming criminal intent
Presumed to be incapable of forming criminal intent
Capable of forming criminal intent
Presumed incapable, but due to repeated offences will be treated like an adult
2 points
Question 3
1.
The U.S. Supreme Court requires that actual malice be proved when:
Answer
Public officials sue the media for false and defamatory statements
Public officials are found strictly liable for a crime
Public figures sue for physical harm resulting from malice
Public figures and public officials sue the media for publishing true statements
2 points
Question 4
1.
Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, the security guard asked Seth to accompany the guard to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances:
Answer
Seth can sue the store for false imprisonment
Seth can sue the store for false imprisonment, emotional distress and battery
The store has conditional privilege to stop persons it feels are shoplifting and the guard did not detain Seth for an unreasonable period
The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages
2 points
Question 5
1.
Most states have abandoned a contributory negligence system and adopted a comparative negligence system.
Answer
True
False
2 points
Question 6
1.
The Unites States awards patent privileges based on a:
Answer
First to contemplate standard
First to use standard
First to file standard
First to invent standard
2 points
Question 7
1.
Which of the following is included in the Fifth Amendment?
Answer
The prohibition against trying an acquitted defendant twice for the same crime
The prohibition against excessive bail and fines
The exclusionary rule
The right of confrontation
2 points
Question 8
1.
Technology transfer agreements:
Answer
Protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur
Generally permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment
Do not receive legal protection unless its owner took reasonable precautions to keep it a secret
Assert that priority of trademark rights in the United States depends solely upon priority of use in the United States, not on the priority of use anywhere in the world
2 points
Question 9
1.
A corporate officer may sometimes be found liable even when the officer had no actual knowledge of or control over, the activities in question.
Answer
True
False
2 points
Question 10
1.
This is a good defense to recklessness.
Answer
Assumption of the risk
Unreasonable danger
Contributory negligence
Comparative negligence
2 points
Question 11
1.
Under the ECPA, an electronic communication provider may disclose such communication if the disclosure was made as part of a government-authorized surveillance.
Answer
True
False
2 points
Question 12
1.
Crimes are private wrongs, pursued by private attorneys.
Answer
True
False
2 points
Question 13
1.
Which of the following is an example of interference with economic relations?
Answer
Trespass
False imprisonment
Disparagement
Defamation
2 points
Question 14
1.
The direct copyright infringement theory of recovery has been used effectively against suppliers of peer-to-peer file sharing software that has been used to download DVDs from the Internet.
Answer
True
False
2 points
Question 15
1.
The following is a good defense to a strict liability offense.
Answer
Assumption of the risk
Contributory negligence
Comparative negligence
Negligence per se
2 points
Question 16
1.
The fair use defense regarding copyright infringement:
Answer
Does not apply if the use enhances the value or marketability of the original work
Applies if there are substantial differences between the copyrighted work and the derivative work
Applies only to creative works rather than informational works
Does not apply for commercial uses that are presumptively fair
2 points
Question 17
1.
The CAN-SPAM Act:
Answer
Requires that all e-mail messages be labeled
Requires that unsolicited commercial e-mail include opt-out instructions
Prohibits interference with computers used by the government or financial institutions
Allows an ISP to disclose private information to a government agent if the provider has a “good faith” belief that the information concerns a serious crime
2 points
Question 18
1.
Which of the following is an advantage of licensing?
Answer
It permits quicker foreign market penetration than direct investment
It maximizes the physical and financial presence of a business overseas
It allows the licensee to directly benefit by receiving royalty payments
It allows the first person to register a trademark to become its legal owner
2 points
Question 19
1.
No actual harm to the property is necessary for a trespass.
Answer
True
False
2 points
Question 20
1.
The prohibition against excessive bail and fines can be found in:
Answer
The Eighth Amendment
The Fourth Amendment
The Fifth Amendment
The Sixth Amendment
2 points
Question 21
1.
Identify the true statement regarding the patent infringement according to the U.S. law.
Answer
The court holds only the infringer liable to the patent holder for the unlawful activities
Infringement does not occur when one supplies from the United States, for combination abroad, a patented invention’s components
Infringement does not occur when a product patented in the United States is made and sold in another country
The court grants an automatic injunction in cases of infringement
2 points
Question 22
1.
This is a common defense to the tort of malicious prosecution.
Answer
Improper purpose
Lack of capacity
Probable cause
Inducing a breach of contract
2 points
Question 23
1.
Consent can be a defense to battery only if the consent is freely and intelligently given.
Answer
True
False
2 points
Question 24
1.
Which of the following is NOT one of the basic principles of causation?
Answer
Defendant is liable for all injuries of the victim if the victim’s physical peculiarity aggravates his/her injuries
Negligence invites rescue
Victims invite negligence
Defendants are liable for the diseases contracted by the victim
2 points
Question 25
1.
The theory of vicarious copyright infringement is an outgrowth of the doctrine of:
Answer
Respondeat superior
Caveat emptor
Caveat venditor
Res ipsa loquitur
2 points
Question 26
1.
Under the tort of defamation:
Answer
Truth is a complete defense
Opinions may be considered defamatory
Statements by members of Congress may be defamatory
Private statements between spouses may be defamatory
2 points
Question 27
1.
Compensatory damages are also known as:
Answer
Actual damages
Punitive damages
Nominal damages
Statutory damages
2 points
Question 28
1.
People who do not do what a statute requires are sometimes considered to be “negligent per se”. This means that:
Answer
The law is the law and breaking it is always wrong
Ignorance of the statutory law is never an excuse
Not knowing about a statutory requirement is not as bad as meaning to do something wrong
Statutes can create the legal duty requisite to establish negligence
2 points
Question 29
1.
When the trademark is a descriptive term:
Answer
Courts treat the term as distinctive to legal merit
Trademark protection exists only if a claimant proves that the term conveys to consumers a secondary meaning of association with the claimant
Courts are unwilling to afford the term trademark protection
It qualifies for trademark protection automatically and functions as the common descriptive name of a product class
2 points
Question 30
1.
Mrs. Medea killed her illegitimate child and buried it in her backyard, soon after giving birth to it in 1952. Thirty-seven years later, in September 1989, Medea called Captain Erebus Ereshkigal of the New York Police Department and blurted out the story over the telephone before Ereshkigal could utter a single word. She then told him that voices from her backyard told her to confess to the crime. Medea told the police where to dig and they unearthed a metal box containing the skeletal remains of a baby in her yard. Which of the following is a true statement?
Answer
The remains cannot be used in evidence against Medea because this would violate her Fifth Amendment privilege against self-incrimination
The remains can be used in evidence against Medea because this would not violate her Fifth Amendment privilege against self-incrimination
The remains cannot be used in evidence against Medea because Erebus did not inform her of her right to remain silent before she told him her story
The remains can be used in evidence against Medea because they are not incriminating to her
2 points
Question 31
1.
Courts allow third parties to recover for emotional distress resulting from witnessing harm caused to another person by defendant’s negligent acts:
Answer
Only if the emotional distress directly results in physical injury
Only if some relation can be shown between the witness to the accident and the victim
If he/she is a close relative and sustains serious emotional distress on witnessing the harm
If he/she is not within the “zone of danger” created by the negligent act
2 points
Question 32
1.
A negligent person is not liable for the proximate results of his/her negligence.
Answer
True
False
2 points
Question 33
1.
Voluntary intoxication is a complete defense to a crime.
Answer
True
False
2 points
Question 34
1.
An individual has been injured by the racketeering of a company. Under RICO, he can:
Answer
Recover three times the damage plus attorneys’ fees
Recover two times the damage plus attorneys’ fees
Only recover the amount he lost
Recover the basic amount he lost plus attorneys’ fees
2 points
Question 35
1.
Trademark dilution laws focus on protecting the investment of trademark owners, while traditional trademark laws were intended to protect consumers.
Answer
True
False
2 points
Question 36
1.
Disenfranchisement refers to:
Answer
A penalty under the Inter-American Convention Against Corruption
The loss of the right to vote when a person is convicted of abuse
The loss of the right to vote, which might result from the conviction of a felony
The loss of the right to vote as a result of misdemeanor
2 points
Question 37
1.
The elements of an intentional tort are:
Answer
Harm to another person/property and intent
Harm to person or property, violation of a statute and intent
Violation of a statute and intent
Harm to person or property and violation of a statute
2 points
Question 38
1.
Assumption of risk:
Answer
Bars recovery as the plaintiff fully understood the nature and extent of the risk
Is not a defense in cases based on a negligence theory
Must be the product of an explicit agreement between the plaintiff and the defendant
Is not a defense in cases based on strict liability
2 points
Question 39
1.
A patent generally is effective for 10 years from the date of filing.
Answer
True
False
2 points
Question 40
1.
Personal liability for corporate officers implies that:
Answer
Corporate officers who had the authority to implement measures that would have prevented a violation from occurring, but failed to do so, may be held liable
The corporate officers are not responsible for homicide and related crimes
Many corporations are not deterred from violating laws; rather, corporations view fines as simply a cost of doing business
Corporate officials have no liability if they have no knowledge of the activities in question
2 points
Question 41
1.
The plaintiff’s burden of proof in a tort case is identical to that of a criminal case.
Answer
True
False
2 points
Question 42
1.
In addition to demonstrating actual emotional distress, if a third party wants to recover negligent infliction of emotional distress, a plaintiff must show that:
Answer
The emotional distress caused to the witness resulted in physical symptoms or injuries
The third party is at least distantly related to the victim
The third party witnessed or some way perceived the injury when it occurred
The emotional distress caused to the witness is so serious that he/she may not recover from it
2 points
Question 43
1.
Which of the following is not true of cybercrime?
Answer
It is a crime for people to access the services of a commercial service provider without paying their fees
It is a crime to use a computer without authorization
A corporation is not liable for the online activities of its employees
A corporation may face liability based on its own use of electronic communication
2 points
Question 44
1.
The person who owns the intellectual property is known as the:
Answer
Licensor
Licensee
Guarantor
Warrantor
2 points
Question 45
1.
In which of the following ways can insanity on the part of a criminal defendant affect a trial?
Answer
The trial may be delayed until the defendant regains sanity
A defendant who becomes insane before sentencing can be sentenced
Insanity at the time of the criminal act will not absolve the defendant of criminal liability
The defendant will be acquitted but will have to undergo treatment
2 points
Question 46
1.
Under the Sarbanes-Oxley Act of 2002:
:
Answer
It is a misdemeanor to defraud shareholders
It is a felony to defraud shareholders of a private company
Whistleblowers are offered legal protection
CEOs and CFOs are not liable to reimburse the company if the misconduct is not attributable to them
2 points
Question 47
1.
If Jamal is carefully driving his car within the speed limit and drunken Eddie darts out in front of Jamal’s car, Jamal is liable for Eddie’s injuries.
Answer
True
False
2 points
Question 48
1.
The responsible corporate officer doctrine:
Answer
Directs that corporate officials and agents may be held liable for crimes that they fail to prevent by neglecting to control the misconduct of those subject to their control
Does not allow officials to be tried for homicide and related crimes
Has not yet been integrated into many state and federal laws
Directs that employees be tried for homicide and related crimes because prosecutors feel that the employees’ actions (or lack thereof) are responsible for the deaths or serious injuries of officials
2 points
Question 49
1.
Truth is not a defense to a defamation action.
Answer
True
False
2 points
Question 50
1.
Emmie worked late nights at a convenience store. The store had been robbed several times. One night Emmie discovered that the “emergency alert” security system was not working. The owner of the mart told her that he would have the system repaired promptly. Nevertheless, a month went by before the system was repaired. In the meantime, the store was robbed while Emmie was working. In the course of the robbery, the perpetrator broke Emmie’s foot. Under these circumstances, Emmie may:
Answer
Recover from the store owner if she shows the harm was foreseeable
Only recover from the robber
Recover under the doctrine of strict liability
Only recover a limited amount of non-economic damage
2 points
Question 51
1.
Intentional torts are both civil and criminal in nature.
Answer
True
False
2 points
Question 52
1.
Assault is an intentional, nonconsensual touching that is harmful or offensive.
Answer
True
False
2 points
Question 53
1.
In order to keep Pat from leaving the house, Geoff locked the front door of his house but forgot to lock the back door. Geoff has falsely imprisoned Pat.
Answer
True
False
2 points
Question 54
1.
To recover in a negligence suit, a plaintiff must prove that the:
Answer
Defendant had an intent to injure the plaintiff and that the defendant breached that duty
Defendant’s breach of duty was the proximate cause of the plaintiff’s injuries
Defendant’s breach of duty indirectly caused the plaintiff’s injuries
Defendant exercised reasonable care
2 points
Question 55
1.
The U.S. Supreme Court has greatly narrowed the reach of RICO.
Answer
True
False
2 points
Question 56
1.
The Federal Sentencing Guidelines:
Answer
Are designed to establish consistent sentences for federal hate crimes only
Require that judges use a formula based on the seriousness and circumstances of the crime
Specifically mandate stiff penalties for crimes dealing with blue-collar crimes
Mandate a minimum one-month prison term for tax frauds
2 points
Question 57
1.
The risk of a licensee producing inferior goods or inferior service is drastically reduced if the licensor closely monitors his/her activities.
Answer
True
False
2 points
Question 58
1.
A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology throughout the world using the:
Answer
Exclusive dealing clause
Grant-back provision
Territoriality principle
Territorial restriction
2 points
Question 59
1.
Trademark dilution laws:
Answer
Protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur
Are intended at protecting consumers, while traditional trademark laws focuses on protecting the investment of trademark owners
Permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment
Require the licensee to transfer any inventions it derives from the licensed technology to the licensor
2 points
Question 60
1.
A trade secret is also called:
Answer
Performance standard
Contributory copyright
Compilation of information
Propriety information
2 points
Question 61
1.
Which of the following can serve as the basis for a successful defamation suit if the person publishing the statement abuses the privilege?
Answer
Statements made in the furtherance of legitimate business interests, such as providing employee references
Statements made by members of Congress on the floor of Congress
Statements made by participants as part of a judicial hearing
Statements made between spouses
2 points
Question 62
1.
A service mark is a descriptive term that distinguishes businesses rather than their products or services.
Answer
True
False
2 points
Question 63
1.
To assess whether a governmental action has infringed on an individual’s rights, the court:
Answer
Will always grant the government the ability to do whatever it deems necessary
Must balance the governmental need to do the action against the rights of the individual
Will always rule in favor of individual rights over that of the government
Must balance both, but ultimately grant the government the ability to do whatever it deems necessary
2 points
Question 64
1.
The Computer Fraud and Abuse Act:
Answer
Includes only criminal penalties
Prohibits interference with computers used by the government or financial institutions
Prohibits an unauthorized person from transmitting a code to a computer used in interstate commerce, even if the transmitter did not intend to cause harm to the recipient computer
Enables providers to disclose the contents of electronic communication to intelligence officials
2 points
Question 65
1.
The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in all of the following instances except:
Answer
A breach of contract
A case where the defendant’s liberty may be at stake
A case where there is legal termination of marriage
Copyright violations
2 points
Question 66
1.
Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc. Unknowingly, both signed the financial report for the financial year 2006/07, which was misleading. Can they be held liable for punishment?
Answer
Under the Sarbanes-Oxley Act, both of them must reimburse the company
Under the Sarbanes-Oxley Act, only the CEO will be liable for punishment
Under RICO, both of them are required to reimburse the company
Under RICO, only the CFO will be liable for punishment
2 points
Question 67
1.
A confidentiality clause may be utilized:
Answer
To restrict the licensor’s right to disclose trade secrets after the licensing agreement has ended
During the life of the licensing agreement when the licensor wishes to restrict the number of people with whom the licensee is to share trade secrets
After entering the licensing agreement to ensure that the licensing relationship will be worthwhile if the licensee insists on a limited right to inspect the licensor’s technology
To prohibit the licensor from using the technology and disclosing it to others
2 points
Question 68
1.
Tort reform measures:
Answer
Have been rejected by most states
Are uncontroversial
Include limits on the amount of damages a plaintiff can recover for pain, suffering and emotional distress in a lawsuit
Have been ruled to be in violation of the U.S. Constitution because they impinge on rights enumerated in the Second Amendment
2 points
Question 69
1.
Courts are unwilling to provide trademark protection to a term if it is:
Answer
Arbitrary
Descriptive
Generic
Suggestive
2 points
Question 70
1.
A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.
Answer
True
False
2 points
Question 71
1.
Which of the following is true of the USA PATRIOT Act?
Answer
Law enforcement officers are not allowed to use increased surveillance techniques
Critics worry that the act compromises citizens’ Fourth Amendment rights
Judicial and Congressional oversight of surveillance is maximum
A person’s credit and medical records can be obtained after getting a surveillance warrant from a grand jury
2 points
Question 72
1.
Courts treat a term as distinctive and automatically qualify it for trademark protection if it is:
Answer
Generic
Descriptive
Arbitrary
Comprehensive
2 points
Question 73
1.
TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.
Answer
True
False
2 points
Question 74
1.
Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice’s face. Under these circumstances:
Answer
Larry may be liable for battery
Larry would not be liable for battery because he did not touch her body
Larry may be liable for false imprisonment
Larry may be liable for defamation
2 points
Question 75
1.
Nontestimonial evidence such as fingerprints, hair samples and bodily fluids can be obtained through compulsion.
Answer
True
False
2 points
Question 76
1.
Tim takes a shortcut across John’s yard on his way to school. Even if John gives Tim permission to use John’s yard as a shortcut, Tim has still trespassed on John’s property.
Answer
True
False
2 points
Question 77
1.
All of the following are racketeering activities except:
Answer
Arson
Bribery
Securities fraud
Extortion
2 points
Question 78
1.
This clause in a technology transfer agreement indicates the precise scope of the license.
Answer
The granting clause
The requirements clause
The exclusive dealing clause
The technical service clause
2 points
Question 79
1.
In the United States the copyright period for works for hire:
Answer
Is 110 years from the first publication or 140 years from creation, whichever comes first
Lasts for the life of the author plus 70 years
Is 95 years from the first publication or 120 years from creation, whichever comes first
Lasts for the life of the author plus 120 years
2 points
Question 80
1.
Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.
Answer
True
False
2 points
Question 81
1.
Under the doctrine of strict liability, care and caution may mitigate liability.
Answer
True
False
2 points
Question 82
1.
Conviction of a felony can result in disenfranchisement.
Answer
True
False
2 points
Question 83
1.
The prohibition against arbitrary and unreasonable governmental intrusion of the right to privacy is found in the:
Answer
The Fifth Amendment
The Sixth Amendment
The Fourth Amendment
The Eighth Amendment
2 points
Question 84
1.
The difference between conversion and trespass to personal property is that:
Answer
Trespass to personal property does not require intent, while conversion does
Trespass to personal property is based on interference with another’s personal property while conversion is based on dominion over another’s personal property
Consent is not a defense to both trespass to personal property and conversion
Courts do not consider extent of harm to property as a difference between conversion and trespass
2 points
Question 85
1.
One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.
Answer
True
False
2 points
Question 86
1.
Plaintiffs who assumed the risk of a known danger created by another’s negligence are barred from recovery.
Answer
True
False
2 points
Question 87
1.
The World Trade Organization (WTO) addresses intellectual property rights under the:
Answer
TRIPS agreement
TRIMS agreement
FCRA agreement
ERISA agreement
2 points
Question 88
1.
Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.
Answer
True
False
2 points
Question 89
1.
A defendant is guilty of recklessness when:
Answer
His/her behavior indicates a conscious disregard for a known high degree of probable harm to another
The risk of harm is lower than the degree of risk that would make an act negligence
He/she commits a highly dangerous act without intent and foreseeable harm
He/she involuntarily exposes himself to an unknown danger created by another’s negligence
2 points
Question 90
1.
The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant’s negligence.
Answer
True
False
2 points
Question 91
1.
“Illegally gained evidence such as evidence resulting from ‘unreasonable searches and seizures’ cannot be used in criminal prosecutions” is commonly identified with:
Answer
The Miranda warning
The exclusionary rule
The right of confrontation
Double jeopardy
2 points
Question 92
1.
Which of the following is a true statement regarding trade secrets?
Answer
A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret
A trade secret generally does not include processes, techniques and compilations of information
A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection
A business may attempt to maintain the trade secret if the monopoly period for patents is relatively long
2 points
Question 93
1.
Patents, trademarks, copy rights and trade secrets are basic types of:
Answer
Intellectual property
Community property
Real property
Contributing property
2 points
Question 94
1.
Which of the following is a general negligence causation rule?
Answer
Negligent persons are liable for the full extent of the injuries of people if some physical peculiarity of a person aggravates his/her injuries
Negligent persons are liable for people who do not make reasonable attempts to avoid being injured by the negligent person’s acts
Negligent person are not liable to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person’s act
Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries
2 points
Question 95
1.
If Harry negligently imperils Sally and Susan attempts to come to Sally’s aid and in the process breaks her arm, Harry is liable for the harm to:
Answer
Sally only
Susan only
Both Sally and Susan
Neither Sally nor Susan
2 points
Question 96
1.
Both contributory negligence and assumption of the risk:
Answer
Are defenses adopted to ease the harshness of the comparative negligence system
Are recent defenses to negligence
Assume that everyone has a duty to exercise reasonable care for his/her own safety
Assume that the plaintiff may recover if the defendant had the last opportunity to avoid harm
2 points
Question 97
1.
Alex had planned to murder his business partner, Bard and acquire Bard’s shares. When he performed the deed, he was in a highly intoxicated state. The court:
Answer
Will hold him incapable of forming intent and give a bail
Will hold him capable of forming intent and punish him for first-degree murder
Will hold him incapable of forming intent and punish him for second-degree murder
Will hold him capable of forming intent and give him a death penalty
2 points
Question 98
1.
One of the conditions that a plaintiff must show in order to recover for trademark infringement is:
Answer
The defendant used the mark in commerce
The defendant’s use of the mark was only in connection with the advertising of goods
The defendant’s use of the trademarks dilutes their distinctive quality
The defendant began using the trademarks after they became famous
2 points
Question 99
1.
A van from Mario’s Squibb Company is damaged by a heavy metal keg, which rolls out of the second floor window of the two storied Toss-Co. Flower building. Toss-Co. Flower is the sole occupant of the building. Although the van was parked under the window while making a delivery at the Toss Co. receiving dock, no one admits to having seen the keg fall, nor are there any witnesses who can state where the keg was just before the accident. Can Mario recover against Toss-Co. for negligence?
Answer
Mario can recover, but only if it proves in detail how Toss-Co. breached its duty of reasonable care to Mario
Mario can shift the burden of proof onto Toss-Co. to show that the accident was not caused by its (Toss-Co.’s) negligence if Mario can prove that kegs do not fall out of windows in the absence of negligence and that Toss-Co. had exclusive control of the keg prior to the accident
Mario will be unable to recover because parking under an open second floor window amounted to contributory negligence
Mario will be unable to recover because parking under an open second floor window amounted to assumption of risk
2 points
Question 100
1.
“Mensrea” is a term which means:
Answer
“formation of a specific criminal intent,” and is required by first-degree murder statutes
“Defendants are not criminally responsible”, if they lack the capacity to conduct themselves in accordance with law
“My fault,” a plea in a criminal action which accepts the plaintiff’s allegations without binding the defendant in a civil suit on the same wrong
“Criminal intent,” one of the basic elements of the most serious crimes
