LS 3323 Jeopardy Exam 1
Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the "50 percent rule" comparative negligence principles, Oliver would recover...
$400,000
Two areas of law over which federal courts have exclusive subject-matter jurisdiction.
(1) Bankruptcy (2) Federal patents (3) Admiralty law (4) Federal copyright (5) Federal crimes
Two theories on which a plaintiff may bring a strict product liability lawsuit.
(1) Design Defect (2) Manufacturer Defect (3) Failure to Provide Adequate Warnings
The four elements of a negligence claim.
(1) Duty of Care (2) Breach of Duty (3) Causation (4) Damages
The two requirements for diversity of citizenship in federal court.
(1) citizens of different states (2) amount in controversy is at least $75,000
Federal appellate circuit in which Oklahoma lies.
10th Circuit
In a pure comparative negligence state, the percentage of damages Stan can collect based on an accident in which he is 35% percent negligent.
65%
Which of the following do appellate courts primarily handle?
Questions of law
Type of compensatory damages intended to compensate a plaintiff for actual monetary losses.
Special Damages
The Shopkeeper's Privilege is a defense to this.
False Imprisonment
A type of ADR in which the decision is usually legally binding.
Arbitration
Tim decides that he is in desperate need of money and decides to rob a bank. He is caught and arrested. What type of law would be applied to him when brought to trial?
Criminal
The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute...
Administrative law
Statute of Limitations or Contributory Negligence are examples of this in a defendant's Answer.
Affirmative Defenses
The defense a golf course owner has to a negligence claim from a golfer who is accidentally hit in the head by a golf ball.
Assumption of the Risk
A swimming pool may provide this type of defense to a minor accused of trespassing.
Attractive Nuisance
These two documents are served on a defendant to initiate a lawsuit.
Complaint and Summons
A clause in a contract that sets out in which court a lawsuit between the parties may be brought.
Forum Selection Clause
People who aid others are not liable for harm under this type of statute.
Good Samaritan Statutes
Written questions served only on the parties are this type of discovery method.
Interrogatories
Written defamation.
Libel
The Judicial Branch's power of judicial review has remained unchanged since this case.
Marbury v. Madison
Neville files a suit against Olina. If Olina fails to respond,
Olina will have a default judgement entered against her.
The burden of proof in a civil case.
Preponderance of the Evidence
In state court, it is typically the country in which the defendant resides or in which the tort occurred.
Proper venue
The type of causation discussed in Palsgraff v. Long Island RR.
Proximate cause
Two types of Slander Per Se
Statements the plaintiff has (1) a Communicable Disease; (2) Committed Serious Crime; (3) is Unchaste; or (4) has committed Improprieties in Profession or Trade
What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?
Strict-liability
A Supermarket shopper trips over an object that was knocked off the store shelf by another customer and suffers injuries. In this circumstance, which of the following is true?
Supermarket is liable for shopper's injuries even if it had no actual notice that an object was knocked to the floor.
Dr. Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ. Following discovery, it becomes clear that the plaintiff has no credible evidence against the doctor, and that no reasonable jury could rule in the plaintiff's favor. How should Dr. Tanaka's lawyer proceed?
The lawyer should make a motion for summary judgement.
The highest law in the United States.
U.S. Constitution
To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is...
a deposition
Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne's lipstick. Jayne does not ask the model's permission. The model can sue Jayne for...
appropriation
A state's exercise of jurisdiction over property in dispute.
in rem jurisdiction
An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fail to maintain its equipment. Keely, a patron, is injured. Jack's has committed...
negligence per se
OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is...
no tort.
Arnold loses his suit against Buffy in Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to...
the Colorado Supreme Court