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Question 1
Josh Lyman has just delivered the keynote speech at a dinner honoring his many years of public service. In attendance are the President of the United States, the members of the Supreme Court, several U.S. Senators and two hundred other admirers. Josh returns to his seat to a standing ovation but, as he is about to sit down, Josh's friend Sam pulls his chair out from under him and Josh falls on the floor. Josh is unharmed but is highly embarrassed by the incident. If Josh sues Sam, he will be able to recover for:
Correct
Incorrect!
Correct When Josh hit the floor, offensive contact took place, so Sam is laible for Battery. Josh is "highly embarrased" and Sam knew he would be, so he is also liable for Intentional Infliction of Emotional Distress. Josh was not apprehensive of the act, so Sam is not laible for Assault.
Incorrect! When Josh hit the floor, offensive contact took place, so Sam is laible for Battery. Josh is "highly embarrased" and Sam knew he would be, so he is also liable for Intentional Infliction of Emotional Distress. Josh was not apprehensive of the act, so Sam is not laible for Assault.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Tigger and Pooh are having tea with Rabbit, E-or, Piglet, Kanga and Roo. As Pooh is about to take his seat at the table, Tigger pulls Pooh's chair out from under him and Pooh falls to the floor. Pooh is not hurt by Tigger's trick but he is embarrassed. If Pooh sues Tigger, he will be able to recover for:
Correct
Incorrect!
Correct When Pooh hit the ground , the offensive contact occured, so Tigger is liable for Battery. He is NOT liable for Intentional Infliction of Emotional Distress because Pooh was not SEVERELY INFLICTED. Because Pooh did not apprehend the act, there is no assault.
Incorrect! When Pooh hit the ground , the offensive contact occured, so Tigger is liable for Battery. He is NOT liable for Intentional Infliction of Emotional Distress because Pooh was not SEVERELY INFLICTED. Because Pooh did not apprehend the act, there is no assault.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Marco is lying in a hammock that is suspended between two trees on his property. Marco's neighbor, Polo, decides to aim a water balloon at Marco. Marco, who sees the balloon coming at him, tries to get away but cannot. The balloon hits Marco in the chest. Marco is unhurt by the balloon, but he is soaking wet. In an action against Polo, Marco can recover for:
Correct Marco sees the balloon coming, therefore the act was apprehended, and Polo is liable for Assault. Even though Marco was not hurt, the act in and of itself is considered harmful so Polo is liable for Battery. There is no Emotional Distress here.
Incorrect! Marco sees the balloon coming, therefore the act was apprehended, and Polo is liable for Assault. Even though Marco was not hurt, the act in and of itself is considered harmful so Polo is liable for Battery. There is no Emotional Distress here.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Tweedy knows that Sylvester has a morbid fear of spiders. As a practical joke, Tweedy buys some rubber spiders and puts them in Sylvester's bed while Sylvester is sleeping. When Sylvester wakes up, he sees several spiders on his bed and is frightened so badly that he suffers a nervous breakdown. In an action against Tweedy for intentional infliction of emotional distress, Sylvester will probably:
Correct
Incorrect!
Correct Although most people do NOT have a morbid fear of spiders, since Sylvester does, and Tweedy knows it, he IS liable for Intentional Infliction of Emotional Distress. Tweedy's intentions do not have to be malicious in order to be laible. It is not MOTIVE that matters here; just intent to commit the act.
Incorrect! Although most people do NOT have a morbid fear of spiders, since Sylvester does, and Tweedy knows it, he IS liable for Intentional Infliction of Emotional Distress. Tweedy's intentions do not have to be malicious in order to be laible. It is not MOTIVE that matters here; just intent to commit the act.