Question 1

Dennis, an avid baseball fan, is practicing his pitching in front of Mr. Wilson's house. Dennis is pitching his baseball at a tree in front of Mr. Wilson's house. The tree stands directly in front of Mr. Wilson's large living room window. One pitch gets away from Dennis, sails past the tree and right through the living room windows. Mr. Wilson sues Dennis for negligence for breaking his window. If Dennis argues that he did not mean to break the window, he will:

Question 2

Tony is a truck driver for PetroCorp, a large oil and gas company. Tony's last assignment was to transport five thousand ten-gallon tanks of propane gas from New York to Boston. After the truck was loaded, Tony used hemp rope to tie the load down and secure it to the truck. While on Route 95, the rope securing the tanks snaps and several of the propane filled tanks fall from the truck and explode. In a suit for negligence against Tony, his best defense is that:

Question 3

Woody owns a saw mill that produces lumber. Cut trees are floated into the mill by a network of man-made canals (think of them as conveyer belts that use water instead of belts) and then loaded onto conveyer belts which take them away to be processed. Occasionally, one of the canals gets log-jammed and, when that happens, the log-jam has to be cleared manually. Although Woody could halt the flow of trees in the canals while a log-jam is being cleared, he usually doesn't because the trees are moving too slowly to create any safety risk to the worker who is clearing the log-jam. One day, Sylvester is clearing a log-jam when his hand is crushed by an oncoming tree. Had Woody stopped the flow of trees in the canal while Sylvester was working, the injury could have been avoided. In a suit for negligence against Woody, Woody's best defense is that:

Question 4

Donald owns a high-rise tower in the middle of New Jersey. The New Jersey state legislature has recently passed a law requiring the railings in all high-rise stairwells to be a minimum of three feet high. Donald immediately has three foot railings installed in his high-rise. Soon afterwards, Ivana is walking down a staircase in the high-rise when she trips, topples over the railing, falls fifteen feet and breaks her leg. In a suit against Donald for negligence, Ivana will:

Question 5

In order to determine if a child has committed negligence, we look to see what a reasonable man in the child's position would have done.

Question 6

Inigo and Fezik, two three-year-old twins are playing a game on the sidewalk in front of their house. The game involves both of them closing their eyes and spinning around until they are dizzy. Once they are dizzy, they have to try and walk in a straight line. Inigo spins around and is trying to walk in a straight line when, because he is too dizzy, falls down. Unfortunately, Inigo falls right in front of Wesley, who is walking home from work. Wesley doesn't see Inigo and ends up tripping over him, falling to the ground and breaking his wrist. If Wesley sues Inigo for negligence, Wesley will probably:

Question 7

After a heavy snow storm, Inigo and Fezik, two twelve-year-old classmates, decide to climb onto the roof of Inigo's house and build a snow fort. Unfortunately, they do not build the fort very well and the fort collapses, sending a cascade of hard-packed snow falling down onto the street. Wesley, who is walking home from work, happens to be passing by Inigo's house when the fort collapses and is hit on the head by the falling snow. Wesley is seriously injured by the falling snow. In a suit against Inigo and Fezik for negligence, Wesley will probably:

Question 8

Inigo and Fezik, two twelve-year-old classmates, have nothing to do one Sunday afternoon. Inigo finds the keys to his father's car and they decide to take the car out for a drive. Neither Inigo nor Fezik know how to drive and Inigo ends up veering into oncoming traffic and crashing into Wesley's car. In a suit against Inigo and Fezik for negligence, Wesley will probably:

Question 9

Rip Van Winkle suffers from narcolepsy, a disorder in which people suddenly and randomly fall asleep. Rip knows he has this disorder. One day, Rip decides to take a drive over to the mall to buy some sneakers. While he is driving to the mall, he suddenly falls asleep at the wheel and his car careens into a crowd of people, injuring several people. In a suit against Rip for negligence, he will probably:

Question 10

After graduating from Paralegal School, Inigo goes to celebrate at his favorite bar. Over the course of the next few hours, Inigo has several beers and cocktails. By the end of the evening, Inigo is visibly drunk but he decides to get into his car and drive over to his friend Fezik's house to tell Fezik the good news. On the way, Inigo loses control of his car and crashed through the front window of Wesley's burger joint. In a suit against Inigo for negligence, Inigo will probably:

Question 11

After a lifetime of eating doughnuts and candy bars, Homer's doctor tells him that he will have to have a heart bypass operation. Homer has inherited a fortune from his uncle, Mr. Burns, and he decides to hire the very best surgeon to do the operation. Dr. Flanders is a renowned heart surgeon and he advertises himself as the very best bypass surgeon in the world. Homer hires Dr. Flanders immediately. The operation goes well but two weeks afterwards, Homer is still in a lot of pain. An X-ray shows that Dr. Flanders accidentally left a surgical sponge inside Homer's chest cavity. In an action for negligence against Dr. Flanders, Homer will:

Question 12

After a lifetime of eating doughnuts and candy bars, Homer's doctor, Dr. Flanders, tells him that he will have to have a heart bypass operation. Dr. Flanders tells Homer that the possible temporary side effects to the surgery are infection, loss of appetite, shortness of breath and inability to sleep. What Dr. Flanders does not tell Homer is that the other possible side effects are blood clots and internal bleeding, both of which could cause sudden death. Dr. Flanders also does not tell Homer that an operation would not be necessary if Homer were to stick to a strict diet and exercise plan. After the surgery, Homer suffers internal bleeding and, although he survives, the loss of blood leaves him partially brain damaged. In a suit for negligence against Dr. Flanders, Homer will probably:

Question 13

While sitting on his couch watching television, Homer suffers a major heart attack. By the time he is brought to the hospital, Homer is unconscious. Dr. Flanders, a heart specialist, knows that a heart operation is the only way to save Homer's life. The possible side effects to the surgery are infection, loss of appetite, shortness of breath, inability to sleep, and blood clots and internal bleeding, both of which could cause sudden death. Dr. Flanders immediately brings Homer to the operating room and performs the surgery. When Homer wakes up after the surgery and is told that he was operated on, Homer sues Dr. Flanders, claiming that he never would have consented to the surgery had he known what the side effects of the surgery could have been. If Dr. Flanders argues that he had no duty to disclose the side effects to Homer, Dr. Flanders will probably:

Question 14

After a lifetime of eating doughnuts and candy bars, Homer's doctor, Dr. Flanders, tells him that he will have to have a heart bypass operation. Dr. Flanders tells Homer that the possible side effects to the surgery are infection, loss of appetite, shortness of breath and inability to sleep, and blood clots and internal bleeding, both of which could cause sudden death. What Dr. Flanders does not tell Homer is that Homer's surgery will be the first heart bypass operation that Dr. Flanders will have ever performed. The surgery goes well and Dr. Flanders tells Homer that "considering that this was my first ever bypass operation, things went pretty smoothly." Homer is enraged and sues Dr. Flanders, claiming that he would never have consented to the surgery had he known that Dr. Flanders was so inexperienced. If Dr. Flanders claims that he was under no duty to disclose, he will probably:

Question 15

After the first snowfall of the winter, Rudolf and his friend Frosty go out to the park to go sledding and build a snow fort. They decide that the perfect place for their snow fort is at the bottom of the sledding hill. Rudolf and Frosty begin digging through the snow to make bricks for their fort. However, because there is so much snow on the hill, their digging destabilizes the snow and triggers a small avalanche. Blitzer, who has been playing nearby, gets hit by the sliding snow and is severely injured. In a suit against Rudolf and Frosty for negligence, Blitzer will probably: