4. An industrial truck sales and service center had a wide variety of vehicles, such as rigs, trucks and tractors, in its multi-acre gated main parking lot. There was a set number of keys in each vehicle. The parking lot gate was intentionally left open during the day for convenient entrance and exit of vehicles. A gang member from a nearby gang headquarters walked into the parking lot during work hours, and drove off with a very large state-of-the-art industrial tow truck. He had difficulty managing the gear shifts and other knobs while accelerating, and was so distracted that within a few minutes, he ran over and killed an elderly woman who was crossing the street on a crosswalk. The woman’s estate sued the sales and service center for negligence. The sales and service center filed a motion to dismiss, in which it asserted that it had no duty to third persons to protect them from truck thieves. It argued that even if it had a duty, the interceding act of the thief was a superseding cause of the accident. Will the court allow the plaintiff’s wrongful death negligence action against the truck center to go forward?

15.  Two union representatives got into an argument at work. The male representative told the female representative that he was running for president of the local union in the next election. The female representative told him that she had been planning to run. The male representative told her, while pointing a finger in her face, “I can beat you in an election any time, just like I can beat you silly right here and now.” The female representative walked away, feeling very apprehensive about the male representative’s threat. The next day, they discussed union politics again, and the male representative once again stated that he could beat her “by votes or by beating you up, whichever you prefer.” She became very upset, and a few days later, brought a civil action against the male representative for assault. Has the male representative likely committed an actionable assault?

Questions 19 and 20 are based on the following fact pattern. Parker sold his business, Little Corp, to Big Corp, in return for Big Corp stock. Shortly thereafter, some irregularities in Big Corp’s published financial information came to light, and Big Corp’s stock dropped sharply (making the payment effectively received by Parker for Little Corp less than he expected). At a meeting of Big Corp’s board of directors (to which Parker had been elected), Parker said, “If you don’t sell Little Corp back to me in return for the Big Corp stock I received, I will bring a suit against Big Corp and all of you directors, charging securities law violations.” Denise, one of the board members, responded, “Parker, you’re a blackmailer, and I vote that we tell this blackmailer to shove it.” The board refused Parker’s request. Parker then brought a slander action against Denise for calling him a blackmailer.20.  Assume all the facts in the fact pattern occurred and that after Denise called Parker a blackmailer and gave her vote, another director, Dan, stood up and said, “I agree with Denise. Anyways, I’ve watched Parker’s behavior for a number of years, and I think he’s a thief, so let’s expel him from the board.” Assuming that Parker is able to demonstrate that he has not engaged in any conduct that would be punishable as theft, embezzlement, larceny, etc., under criminal law, may Parker recover for slander against Dan? (Assume that Dan’s mental state is not at issue in the case.)

14.  A consumer purchases a lawn mower from a retail store. It contains a tag that says the purchaser should read the instruction book that is included. He reads the book, which contains a warning not to use the mower over gravel, stones or grassy areas mixed with rock or stone. The consumer remembers the warning, but when he sees how smoothly the mower operates and how effortlessly it goes over a few small stones mixed in the grass, he decides to continue using the mower in areas filled with loose stones and rocks. One day, as the consumer uses the mower in an area filled with loose stones and rocks, a rock hits the consumer’s face with great force, causing him to lose sight in one eye and to suffer a broken nose and jawbone. He sues the manufacturer for putting out a defective product that is unreasonably dangerous to the consumer. What defense may give the manufacturer the best chance of having the case dismissed?

9.  A customer was shopping at a large retail mall. She slipped and broke her hip on a patch of clear oily residue. The patch had accumulated over a two-day period in front of a massage kiosk, and spread several feet onto the main walking area for customers. There was a small sign as a part of the massage kiosk display on the front counter that said, “Beware of slippery floors.” When the customer had broken her hip, she had been looking ahead while walking, yet her feet slid wildly off of the floor to the extent that she partially somersaulted into the air and fell down hard onto the concrete. After learning that she would be disabled permanently, the customer sued the mall and the massage kiosk company. Will she likely prevail in her negligence claim against the mall?

17.  Shopkeeper, the owner of a small dress shop, fired Cashier, saying to other people in the store, “I just saw Cashier steal $100 by taking $200 in payment for a dress and ringing up the dress as if it were a $100 item.” Cashier sued Shopkeeper for slander. Evidence at trial shows that the dress in question cost $178, that Cashier rang up a $98 tab on the register, and that Cashier thus stole $80. Assuming that Shopkeeper is shown to have had the required mental state, may Cashier recover?

25. Roger and Lucas are neighbors. There is no fence separating their backyard lots. One night both of them were sitting on their respective porches drinking beers. Roger, in particular, got quite drunk. Lucas yelled something at Roger that made Roger mad, so Roger walked over and punched Lucas in the face. Lucas, who had had a few drinks himself, saw the punch coming and was afraid, but he was too slow to get out of the way. Roger did no damage to Lucas’s land. Which of the following is most accurate?

PART I: MULTIPLE CHOICE QUESTIONS  (One Hour – 30 Questions) Select the best answer out of the available choices.1. Anthony goes to a home improvement store and asks to speak with a specialist on particular weed killers. Anthony makes it clear to the specialist that he will buy whatever product is recommended. The specialist selects a certain product for Anthony without further discussion. Relying on the specialist’s recommendation, Anthony buys the product. However, the product does not kill the type of weeds that grow in his yard. Anthony wants to sue the store because he didn’t get the weed killer he needed. Which of the following product liability theories is Anthony’s best chance of recovery?

12.  A waitress was opening a bottle of a popular soft drink to serve to a customer when the bottle broke into two jagged pieces and inflicted a deep and long cut on her hand that severed blood vessels, nerves and the muscles in her thumb and palm. She later had to have several operations to restore use of and feeling in the hand. In a lawsuit against the manufacturer, the waitress alleged negligence and strict liability in tort, but found it difficult to prove the nature of the defect. She presented several witnesses familiar with the fact that some of the bottles would explode, but the cause was unknown. She proved that she did nothing wrong with the bottle and that it remained in the same condition as when it left the manufacturer’s plant. She also proved by expert testimony that there were tests that the manufacturer performs or can perform on the bottles to give a fairly fool-proof determination whether the bottle is safe. The defendant moved for summary judgment for failure to prove a defect and failure to show causation. What legal theory can the plaintiff rely on to establish liability in this kind of a situation where there is no indication of any carelessness by the plaintiff?

Which of the following represents the correct order of cellular respiration stages?