Answer Choice 1	Answer Choice 2	Answer Choice 3	Answer Choice 4	Selected Answer
Question 1:  Alice lives in a 35-story apartment building. Recently, the tenants above her bought a dog. The dog barks during the day and late at night. On several occasions, Alice has asked her neighbors to keep the dog quiet, to no avail. For what can Alice sue?
negligence	negligent infliction of emotional distress	nuisance	trespass to land
Question 2:  Craig is about to start college. He needs a car to get to school and his part-time job. He sees an ad in the paper for a used Honda Civic for $5,500. Based on the description of the vehicle, the bluebook value is $6,000, so he thinks the car is a good deal. Craig buys the car. After a week of driving it, he has to take it in for service. He finds out that the car is not what it seems. The most serious revelation was that the seller had turned back the odometer 10,000 miles. As such, the car is only worth $4,000. If Craig sues the seller of the car, the likely outcome is:
He wins because the seller is strictly liable for turning back the car’s odometer.	He loses because the seller did not make any false statements about the car.	He wins because the seller tried to intentionally deceive him about the car’s characteristics	He loses because Craig did not check the car about before buying it.
Question 3:  Timothy is a taxi driver in Chicago. Recently, he was recognized (on the news and in the paper) for returning a very expensive violin that a passenger had inadvertently left in the trunk of his cab. Six weeks later, another article on taxi drivers appeared in the newspaper. The second article discussed the cheating propensities of taxi drivers in Chicago. By mistake, Timothy’s picture appeared next to the story. Timothy sues the newspaper for:
Negligent infliction of emotional distress	Misrepresentation	Intrusion upon seclusion	Putting him in a false light
Question 4:  Stuart hired his nephew, Oliver, to work in his landscaping business. Since Stuart had so many jobs, he had to assign Oliver to his other crew, which was supervised by his long time employee, Fred. On a lunch break, Fred let Oliver drive the company truck to a restaurant several miles away from the job site. At lunch, Oliver had several alcoholic drinks. On his way back to the job site, he ran into a car at a red light. The driver of the car sues for damages to his vehicle. Who is liable?
Fred and Oliver	Stuart’s landscaping company	Fred	Oliver
Question 5:  Edwin went to a local sporting goods store for a pair of running shoes. He told the salesman that he intended to run a 10K marathon in a few weeks and was looking for the best running shoes they had. The commissioned salesman sold him a pair of $125 Nike sneakers (the most expensive type the store sold) he guaranteed would work for that purpose. While training for the marathon, the shoes did not work very well for Edwin’s purpose. When Edwin tried to return the shoes, the store refused to refund his money. Edwin’s best theory to use to sue the store is?
Breach of the warranty of fitness for a particular purpose	Manufacturing defect	Breach of an express warranty	Design defect
Question 6:  Lorraine and her ex-husband, Ralph, have been divorced for five years. Lorraine has primary custody of their two kids, aged seven and ten. Ralph has visitation every other weekend. Recently, they have not been getting along. Ralph wanted to take the kids on a fishing trip to Maine (they live in Virginia) during a weekend Lorraine had the kids. She said no. He took them anyway, spending the weekend in a cabin by a lake far out in the country. Ralph is liable for:
none of these	Trespass to land	False imprisonment	Negligence
Question 7:  Cedric ordered supplies for his business. Since he was in a hurry to receive them, he requested they be sent via overnight delivery. Cedric expected to receive the supplies the following morning by 10:30 a.m. When the supplies did not arrive as promised, Cedric had to send an employee out to get substitute supplies at twice the cost. Unbeknownst to Cedric, there was a new driver on his route; the driver did not reach Cedric’s location until 7:00 p.m. Cedric closes at 6:00 p.m. The driver left the supplies Cedric’s doorstep. Cedric sues the delivery company for his added expense.
He loses because the delivery company actually fulfilled its obligation to deliver the package.	He wins because the driver was negligent in leaving the supplies at a closed business.	He wins because the delivery company guaranteed delivery by 10:30 a.m.	He loses because the delivery company is only responsible for refunding the extra money he paid for the 10:30 a.m. delivery.
Question 8:  Matthew lives in an old house. One of the steps leading up to the front porch was weak. Due to Matthew’s busy work schedule, he never got a chance to have it fixed. One day, a substitute mailman delivering the mail stepped on the weak portion of the step. It finally gave way, causing the mailman to break his ankle. The mailman can sue Matthew under a theory of negligence because:
The mailman was a consistent trespasser on Matthew’s property.	The mailman was an invitee on Matthew’s property.	The mailman was an ordinary trespasser on Matthew’s property.	The mailman was a licensee on Matthew’s property.
Question 9:  Miguel was taking flying lessons. During one lesson, the instructor was showing Miguel the steps in landing the plane. Shortly thereafter, the instructor passed out, forcing Miguel to “take the wheel.” Miguel was able to safely land the plane, with the help of the control tower. He ended up in someone’s background instead of the landing strip. The emergency landing caused damage to the homeowner’s crops. The homeowner sues the flight school for damage to his property. What is the outcome?
He loses because Miguel was privileged to enter the land to save the lives of himself and the instructor.	He wins because the flight school is strictly liable for any damage caused by one of its planes.	He wins because one of its students caused the damage.	He loses because Miguel, rather than the instructor, was piloting the plane.
Question 10:   Due to Catherine’s excitement about her upcoming trip to Los Angeles, she arrived at Chicago O’Hare airport four hours early. While waiting at the Delta gate, she had to go to the bathroom. She left one of her bags on the seat to reserve her place (there were signs and announcements warning passengers not to leave packages unattended). She asked another passenger across the aisle to keep an eye on her bag, but left before receiving confirmation/acknowledgement from the other passenger. When she returned, the bag was gone. Someone else sitting nearby told her that someone with a uniform had carried away her bag. Catherine sues Delta, the likely outcome is:
She wins because the other passenger “agreed” to watch her bag, but someone from Delta took it anyway.	She wins because a common carrier has a special duty to its passengers.	She loses because she did not heed the warnings about leaving bags unattended.	She loses because she has no evidence that a Delta employee took her bag.
Question 11:  Tucker is a baseball fanatic. He has season tickets to his local team, the Chicago Cubs. One day as he tries to catch a fly ball, he comes in contact with one of the players trying to catch the same ball. Tucker ends up with a broken nose. If Tucker sues the Cubs for his injury, the likely outcome is?
He loses because he interfered with a ball still in play.	He wins because the ballplayer was negligent in reaching into the stands to catch the ball.	He wins because the Cubs are strictly liable—baseball is an inherently dangerous activity.	He loses because he assumed the risk of injury by attending the game.
Question 12:   Dr. Carmichael recently opened a new medical practice, concentrating on plastic surgery. In an attempt to generate business, he placed an ad in the local newspaper with before and after pictures of Pamela Anderson, who has never been a patient of Dr. Carmichael’s. Pamela Anderson would likely sue Dr. Carmichael for:
Intentional infliction of emotional distress	Public disclosure of private facts	Appropriation of her likeness	Misrepresentation
Question 13:  Dr. Reynolds recently hired a new nurse in his medical office. During the nurse’s first week on the job, she got a request for a patient’s medical records. Since the patient was a local celebrity, she happened to mention some facts about the medical records to a friend of hers, who happens to work for the local paper. Eventually, this information ended up in the newspaper. The local celebrity has a cause of action for publication of private facts against:
The nurse	Dr. Reynolds	All of the above	The newspaper that published the information
Question 14:  Larry and Patricia were running late for a performance of the symphony. Accordingly, Larry decided to take a shortcut to the theater, against his wife’s objections. Along the route, Larry runs over something in the road and gets a flat tire. Larry starts to change the tire when a man stops to help him—he thinks. Instead, the man tries to rob them. The robber has a knife. Larry fights off the robber and is able to get the knife away from him. The robber is injured in the altercation. Larry is liable for:
assault.	trespass to chattels.	none of these.	battery.
Question 15:  April let her cousin, Helen, borrow her car to run some errands. While at the store, Helen received an emergency call that her son had been in an accident. She rushed to the hospital and spent six hours in the emergency room. Helen completely forgot that she was supposed to pick April up from work. Helen finally was able to return April’s car to her at midnight, in the same condition as she had received it. Helen was very apologetic about the delay in returning the car. Helen is liable for:
none of these	Conversion	Trespass to chattel	Negligence
Question 16:  Albert and Cynthia have been friends since kindergarten. Recently, they were both running for senior class president at their high school. Two days before the students were to vote, there was an assembly where all of the candidates made speeches. During Albert’s speech, he told the students that Cynthia was not the best candidate for the position, since she had a history of sleeping with several members of the basketball team. Assuming that the accusation is false, which tort has Albert committed?
Actual malice.	Libel.	Slander per se.	Slander per quod.
Question 17:  Becky is in the cafeteria line at school. After paying and while carrying her tray to a table, another student (Olivia, the school bully) trips her—food flies everywhere and the tray hits Donna. Becky sprained her ankle and Donna received a cut on her forehead that required seven stitches. Olivia is liable for:
negligence against Becky and Donna	battery against Becky and Donna	intentional infliction of emotional distress against Becky	battery against Becky
Question 18:  Thomas is a studio musician. Normally, he is under an exclusive contract to work at BCC Recording Studios. One day, a friend of his tells him about more lucrative work at ATL Recording Studios. So, Thomas calls in sick one day and goes to talk to the owner of ATL. Thomas signs a new contract with ATL and stops working for BCC. BCC sues for breach of contract. Who is liable?
Thomas and his friend	Thomas and ATL Recording Studios	Thomas, his friend and ATL Recording Studios	Thomas
Essay Question:   Josephine (age 30) lived in the East Village of New York City, with her husband, Anthony, and two dogs. It had been a particularly brutal winter in New York City, with lots of snow, icy conditions and frigid weather. The City was responsible for clearing the snow and ice from city streets, using salt where needed. One afternoon, while Josephine was walking her dogs near her apartment, the dogs started yelping for no reason when they stepped onto a metal plate on the sidewalk. When Josephine went to investigate why her dogs were upset, she suddenly fell out onto the ground next to them. She was rushed to the hospital, where she was pronounced dead. Unbeknownst to Josephine, there are electrical wires that run under the streets and sidewalks. Due to the density of pipes, subway tunnels and gas lines that also are beneath the streets, it is difficult to put the electrical wires any deeper. Although the electric company uses thick insulation on the wires, they are still susceptible to fraying from corrosion caused by salt, thereby increasing the risk of electrocution to anyone who happens to step on a metal plate that might be electrified. Naturally, Anthony is devastated by Josephine’s untimely death. Please analyze the types of cases Anthony can bring, including the strengths and weaknesses of these potential cases against the City of New York and the electric company, including any possible defenses. Then, please say how the jury would apportion liability and why.
Essay Question:   Michelle, a 19-year-old mother of a 15-month-old girl, stopped to buy a bag of potato chips across the street from the pool hall where she had spent the evening with some friends. As she crossed a main street near her house at 5:30 a.m., a black four-door sedan hit Michelle. According to a witness, she managed to get up off the pavement one to two minutes after being hit but was then struck by the second car, a white four-door sedan. The witness said both cars were traveling 60 to 70 miles per hour down the street. About four minutes after the second impact, a group of Michelle’s friends found her and tried to comfort her as she lay crumpled on the frozen roadbed. She was alive and breathing; however, then a black sport utility vehicle came racing toward them - at 80 m.p.h., the witness estimated - and struck the woman as her friends dived for safety. Michelle was killed instantly. Please analyze the strengths and weaknesses of a lawsuit against the three drivers, including any possible defenses. Then, please say how the jury would apportion liability and why.