Your client is an elderly pilot who is being sued for negligence. The client had recently been subject to sudden bouts of temporary paralysis. Nevertheless, he took his friend, who was not aware of the client’s condition, for a short flight in his single-engine plane. They went up at dusk even though the client’s license permitted flying only under visual flight rules. He had no problems during the flight but, as he was landing, he was suddenly unable to move his arms. The plane crashed onto the runway, causing his friend to suffer serious bodily injury. If the jury finds in the friend’s favor, what is the most likely reason? Select one.

Your client is a customer who was injured while at a warehouse owned by a business that rents lawn and garden equipment. The client slipped and fell when he stepped in some oil that had seeped out from a malfunctioning lawnmower engine. The fall caused the client to break his wrist, so you have filed suit against the business on behalf of the client. You research the applicable standard of care and discover that your jurisdiction applies the traditional rules for landowners and possessors of land. In particular, you note the following: A landowner owes licensees and invitees the duty to warn of or make safe known nonobvious dangerous conditions. In addition, invitees are owed the duty to make reasonable inspections to discover dangerous conditions. The client has told you that the floor around the oil appeared dirty. Prior to trial, the business makes a motion for summary judgment. To survive the business’s motion, what additional evidence must you present? Select one.

Your client just called you in tears. She said that she went to the orthopedic surgeon’s office to apologize again for the gym incident. However, before your client could enter the building, the orthopedic surgeon’s colleague yelled at her from the other side of the parking lot, roughly 50 feet away. The colleague shouted, “Haven’t you done enough? If you come near anyone in this office ever again, you’ll be sorry.” Your client said that the colleague had his hands on his hips and looked menacing, so she became scared and fled the parking lot. Your client told you that when she got home, she performed some internet searches and believes she has a claim for assault against the colleague. Based on the known facts of the situation, could your client assert a successful assault claim against the colleague? Select one.

You are an associate at a law firm and have been assigned a client who was injured while trying to help someone. A cyclist was riding negligently around a sharp curve of the bike path when his bike skidded and he flipped over the handlebars, sustaining fatal injuries. Fifteen minutes later the client came on the scene and stopped to see if she could render assistance. Shortly thereafter, another bike rider came around the curve too fast and struck the client, who was kneeling down on the path to tend to the cyclist. The client was seriously injured but the bike rider raced off without stopping. The client has called you to discuss whether she has a viable claim against either the bike rider or the estate of the deceased cyclist. How should you advise the client on the likelihood of prevailing against the estate of the deceased cyclist? Select one.

Dr. Grandin is a professor of ______________________ currently in addition to her advocacy work. 

Due to her diagnosis Dr. Grandin finds it hard to be hugged by others and receives no comfort from it. As a result she invented ______________ to give her the same sensation and ‘reset’ her brain when she is overwhelmed. 

Your client suffered injuries when her bicycle collided with the defendant’s motorcycle. On her behalf, you filed a personal injury action against the defendant, alleging that the defendant was operating the motorcycle on the wrong side of the road at a dangerously high speed. The defendant denied this allegation and denied that he was at fault in the accident. At trial, you seek to call the defendant’s neighbor to testify that, in her opinion, the defendant is extremely impulsive and prone to taking unnecessary risks. Is the neighbor’s testimony likely to be admissible? Select one.

A pedestrian was hit by a truck while crossing the street, and the truck left the scene. Eventually a passerby discovered the pedestrian and called 911. When paramedics arrived an hour later, the pedestrian was drifting in and out of consciousness. As the paramedic assessed the pedestrian’s wounds, the pedestrian murmured, “It’s no use, I’ll be dead before we get to the hospital. The truck ran the stop light.” The driver of the truck was eventually identified by law enforcement. The pedestrian survived his injuries and filed a personal injury lawsuit against the driver, but then died of causes unrelated to the accident before the case went to trial. In accordance with the laws of the jurisdiction, the pedestrian’s estate is substituted for the pedestrian as plaintiff. At trial, the pedestrian’s estate seeks to call the paramedic to testify to the pedestrian’s statement. You are assisting the judge presiding at trial. Your research finds that the Federal Rules of Evidence provide a hearsay exception in a civil case or a homicide prosecution for a statement made by a now-unavailable declarant while believing his death to be imminent, provided the statement concerns the cause or circumstances of what he believed to be his impending death. Should you recommend to the judge that the paramedic’s testimony is admissible? Select one.

Your client is a dairy farmer who has sued a pharmaceutical company for dumping toxic chemicals into a lake on land that was owned by the pharmaceutical company and adjacent to the farmer’s land. The client is prepared to testify that she encountered an employee of the pharmaceutical company dumping some material into the lake and asked him what he was doing. The employee replied that he was just following orders, but that she should keep her animals away from the lake. May the client likely testify as to the employee’s statement? Select one.

On November 6, the proprietor of an independent bookstore sent a letter to a furniture wholesaler asking for the price of a certain bookshelf he knew the wholesaler sold. The wholesaler sent a written reply with a catalog listing the prices and descriptions of all of its available bookshelves. The letter stated that the terms of sale were cash within 10 days of delivery. On November 14, by return letter, the bookstore proprietor ordered the bookshelf, enclosing a check for $400, the listed price. Immediately on receipt of the order and check, the wholesaler informed the bookstore proprietor that there had been a pricing mistake in the catalog, which should have quoted the price as $450 for that bookshelf. The bookstore proprietor refused to pay the additional $50, arguing that his order of November 14 in which the $400 check was enclosed was a proper acceptance of the wholesaler’s offer. The wholesaler would like to sue the bookstore proprietor for damages and meets with you to discuss the possibility of a lawsuit. Should you advise the wholesaler that she will prevail? Select one.