Questions 1 through 5 are based on the following fact pattern:
Jake and Sam were both late for work. As such, each was traveling at an excessive
rate of speed toward their respective employers. Jake was speeding down First Street
at 45 miles per hour. The posted speed was 35 miles per hour. Sam was speeding
down Second Avenue at 45 miles per hour. The posted speed was 30 miles per hour.
Jake and Sam collided at the intersection of First and Second. Sam’s GM Yukon hit
Jake’s Ford Focus causing Jake to swerve out of control into Nick’s produce cart, which
was parked at the side of the road. Both Nick and his merchandise suffered extensive
injuries. The jury found that Jake was 40% negligent and Sam was 60% negligent.
1. If this jurisdiction follows the doctrine of "pure" comparative negligence, and Jake
suffered $10,000 in damages, what will he recover in a suit against Sam?
2. If this jurisdiction follows the doctrine of “modified” comparative negligence, and
Jake suffered $10,000 in damages, what will he recover in a suit against Sam?
3. If this jurisdiction follows the doctrine of “contributory” negligence, and Jake
4. If this jurisdiction follows the doctrine of "modified" comparative negligence, and
Sam suffered $10,000 in damages, what will he recover in a suit against Jake?
5. Nick sues Sam and Jake, claiming $30,000 in damages, including but not
limited to mental anguish, medical expenses, lost revenue, and property damage. Sam’s and Jake’s attorneys should use the following discovery tool(s) to validate Nick’s
b. Document Requests.
c. Physical Examination.
d. All of the above.
Questions 6 through 12 are based on the following fact pattern:
Amy, who lives in Ohio, purchased a Lamborghini for $200,000 from a car dealer
located in Michigan. Within a year of the sale, the entire body of the car was covered in
rust. She filed a lawsuit against Lamborghini and the car dealer. During discovery,
Lamborghini produced two “smoking gun” documents to Amy. One document revealed
that the company had used an inferior grade of paint that it bought very cheaply from a
disreputable supplier. Another document revealed that Lamborghini recommended to
dealers that these inferior vehicles be sold “whenever possible” to women and
customers not likely to qualify for favorable financing because “they’re too intimidated to
complain and they don’t know the state’s ‘lemon laws.’” A jury awarded Amy $300,000
6. Where is this lawsuit probably taking place?
a. Michigan state court because the parties are dealing with a state’s lemon law.
b. Federal court because diversity jurisdiction exists.
c. Federal court because there is a federal question.
d. Michigan state court because the car dealer is located in Michigan.
7. Amy wants the lawsuit to take place in Ohio so that she doesn’t have to drive to Michigan for the court proceedings. What should Amy allege in her Complaint to make it more likely that the suit takes place in Ohio?
a. Lamborghini is a resident of Ohio, even though it’s located in Michigan.
b. Lamborghini conducts business in Ohio.
c. Lamborghini called Amy in Ohio and sent all of the paperwork to her in Ohio while the parties were negotiating and finalizing the sale of the car.
d. B and C.
8. What type of discovery tool did Amy’s attorney probably use to obtain the
“smoking gun” documents?
c. Physical examinations.
d. Document Requests.
9. Assume that, prior to the verdict, the court orders the parties to mediation. If so, then the following is true:
a. The mediator will decide who will win and who will lose.
b. The parties will be bound by the mediator’s decision.
c. The mediator cannot force the parties to settle the case.
d. The mediator will force the parties to settle the case.
10. Assume that, instead of going to court, the parties are bound by an arbitration agreement that Amy signed when she purchased the car. If so, then the following is true:
a. The arbitrator will decide who will win and who will lose.
b. The parties will be bound by the arbitrator’s decision.
c. The arbitrator will force the parties to settle the case.
d. A and B but not C.
11. Assume that Amy sued Lamborghini under Ohio’s Lemon Law. If the meaning of the statute is unclear, which of the following will the judge use to determine the statute’s meaning?
a. The statute’s legislative history.
b. Public policy.
c. The plain language of the statute.
12. Assume that Amy loses her lawsuit at the trial court level. If Amy appeals to the appellate court, which of the following is TRUE?
a. The parties will put on an entirely new trial for the appellate court.
b. The appellate court will determine the facts anew.
c. The appellate court will see if the facts as found by the trial court were properly applied to the law.
d. The appellate court will always affirm the trial court’s decision.
Questions 13 through 17 are based on the following fact pattern:
Fiona invented a new deep-sea fishing net, which she named “Great Catch.” The net was created to be used on large commercial fishing boats. She also wrote the operating manual to be included with each net. Fiona sold a number of nets to Big Fish Catchers (“BFC”), a commercial fishing company that sells its “catch” to restaurants around the world. A couple of months after purchasing the nets, BFC contacted Fiona and demanded its money back. BFC alleged that the material used on the nets was so sharp that it damaged the sides of the boats and injured the crew each time the net was lowered into the water.
13. Fiona could obtain copyright protection for:
a. The manual only.
b. The name only.
c. The net only.
d. The manual, name, and net.
14. Fiona could obtain a patent for:
15. Fiona could obtain a trademark for:
Questions 16 through 19 are not based on a particular fact pattern
16. If Michigan passes a law that violates the U.S. Constitution, what will happen?
a. Michigan can enforce the law.
b. Michigan cannot enforce the law.
c. The federal government can enforce the law.
d. The U.S. Supreme Court will enforce the law.
17. Some legal standards are created through the common law. These standards develop from:
a. Administrative regulations.
c. Court decisions.
d. U.S. Constitution.
18. Mike hears Jim falsely accuse Brenda of stealing from their employer. Jim’s statement is defamatory
a. Because Mike heard it.
b. Because it was about stealing.
c. Only if the statement is also written.
d. Only if Brenda hears the statement.
19. Dave is driving a car in which Ellen is a passenger. He and Ellen are listening to his favorite song on the radio when Dave runs through a stop sign without stopping and Pam’s Subaru station wagon hits them on the passenger side. Ellen is injured. Dave may be liable for Ellen’s injuries because:
a. His failure to stop at a stop sign was the actual cause of her injuries.
b. It was foreseeable that Ellen might be harmed if he failed to stop at a stop sign.
c. Dave had a duty to be a safe driver, but he breached that duty when he failed to stop.