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Questions 1–25: Select the one best answer to each question.
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Questions 1–25: Select the one best answer to each question. 1. Defamation through speech or other heard medium is
A. libel. C. damage. B. slander. D. invasion.
Scenario for Questions 2–4
While swimming with his friend Nick at the beach, Michael becomes disoriented, begins to drown, and ultimately dies. Nick swims back to shore and yells for the lifeguards to help his friend. The lifeguards refuse to do anything.
2. Did the lifeguards owe a duty to try to rescue Michael?
A. Yes, they owed a duty to try to rescue Michael because Michael was Nick’s best friend and he asked them to help out.
B. Yes, they owed a duty to try to rescue Michael because they were employed as life- guards and that was part of their job requirement, unless there was something in the water that may also cause them serious harm.
C. No, by the time Nick got to shore it was clear that it was too late to save Michael, so they didn’t have to do anything.
D. No, their employer didn’t tell them to go out into the water to save Michael and Nick didn’t have the authority to do so.
3. Who is the tortfeasor?
A. Nick B. Michael C. The lifeguards D. Thepolice
4. Identify each of the elements necessary to establish a tort action in this case.
A. The lifeguards owed a duty to attempt to rescue Michael; they failed to attempt a rescue and, as a result of this failure to act, Michael died.
B. The lifeguards’ employers owed a duty to confirm that their lifeguards would always take reasonable precautions to make sure the waters were safe.
C. Michael owed a duty to use reasonable care when swimming and failed to do so. As a result he was injured and died.
D. Nick’s failure to call for a lifeguard before Michael died was a direct cause of Michael’s fatal injury.
5. A violation of a person’s legal rights in a way that adversely affects that person’s body, property, or reputation is formally referred to as
A. negligence. B. remedy. C. acquittal. D. injury.
6. The power or authority to hear a lawsuit is known as
A. jurisdiction. B. venue. C. liability. D. judgment.
7. The person who commits a tortious act is known as a A. tortious actor. C. tort actor.
B. tortant. D. tortfeasor. 8. Which of the following documents is used to initiate a legal action?
A. Verification C. Complaint B. Motion for summary judgment D. Injunction
9. Wrongs committed against individual persons, as opposed to those committed against society as a whole, are known as
A. torts. C. actions. B. crimes. D. faults.
10. Which of the following terms refers to examination of witness by opposing counsel? A. Redirect examination C. Closing examination
B. Cross-examination D. Re-examination Scenario for Questions 11–12
Sam, a process server in New York City, serves initial lawsuit papers on Tom by handing them to Tom’s 15-year-old son, Jamie. The action is being brought in state court.
11. What pleadings were served?
A. Motion and Order B. Summons and Complaint C. Request for Production of Documents D. Complaint and Answer
12. How will the defendant most likely respond to these pleadings?
A. The defendant will file a Motion for Summary Judgment. B. The defendant will submit the information requested and ask the jury to rule in its favor. C. The defendant will file an Answer or a Demurrer/Motion to Dismiss. D. The defendant will file an Answer or a discovery request.
13. Using a deadly weapon to threaten another person is known as A. battery. C. coercion.
B. assault. D. conversion. 14. Most pleadings begin with a special heading, known as a/an
A. verification. C. caption. B. docket. D. ad damnum clause.
15. The process through which a neutral third party attempts to persuade opposing parties to settle their differences through compromise is known as
A. mediation. C. settlement. B. arbitration. D. summary judgment.
Scenario for Questions 16–18
At a high school soccer game, Ian’s team beats Calvin’s team in overtime. Ian taunts Calvin by jumping in front of him with the victor’s trophy and yelling obnoxiously. Calvin knocks Ian down, causing him to receive a concussion. Then Calvin throws the soccer ball into Ian’s stomach.
16. What crime may Calvin be charged with and why?
A. Calvin may be charged with battery. Calvin acted with force and intentionally inflicted harm on Ian without Ian’s consent.
B. Calvin may be charged with assault. Calvin acted with force and intentionally inflicted harm on Ian without Ian’s consent.
C. Calvin may be charged with tortious conduct. Calvin acted with malice aforethought and harmed Ian.
D. Calvinmaybechargedwithcorpusdelicti.Calvinknewwithsubstantialcertaintythat knocking Ian down would cause him harm.
17. Who will bring the criminal action?
A. Ian’s high school principal B. Ian C. Ian’s parents D. TheProsecutor
18. Does Ian have any civil cause of action against Calvin, and if so, what type of action?
A. No B. Yes, Ian can bring a civil assault and battery action against Calvin as well for any
injuries he suffers. C. Yes, I
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