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Question 1
Judy works as a supervisor at a check cashing business. She has worked there for six years. Her husband, Jason, is a corrections officer. Judy's boss, Anthony (the owner), recently confronted her because $350 was missing one night from one of the cash drawers. Anthony blamed Judy for the missing money, although he did not have any specific proof as to who was responsible. Rather than call the police, Anthony fired Judy and told her he was going to sue her for the money. If Anthony does decide to pursue a civil action to recover the money, who can he recover from?
Correct
Incorrect!
Correct Historically, husbands were automatically liable for the torts committed by their wives. Subsequent to the passage of the Married Women's Property Acts, this is no longer the case. Accordingly, Anthony can only seek restitution from Judy.
Incorrect! Historically, husbands were automatically liable for the torts committed by their wives. Subsequent to the passage of the Married Women's Property Acts, this is no longer the case. Accordingly, Anthony can only seek restitution from Judy.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Diane and Fred have been married for seven years. Diane recently returned to work full-time after their son started kindergarten. Diane works in an office of mostly men. One day Fred surprised Diane after work to take her out to dinner. He saw her talking animatedly to a man and got very jealous. If he decides to sue the man for flirting with his wife, what cause of action can he use?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct These types of causes of action were historically classified as "heart balm" torts. Most states have abolished these types of torts as stand alone causes of action. If Fred wants to go as far as filing for divorce, he may be able to use adultery as a cause of action, provided his suspicions about Diane are accurate.
Incorrect! These types of causes of action were historically classified as "heart balm" torts. Most states have abolished these types of torts as stand alone causes of action. If Fred wants to go as far as filing for divorce, he may be able to use adultery as a cause of action, provided his suspicions about Diane are accurate.
Question 3
April was driving home one night after working late. Usually Jerry, her husband, picked her up; however, he too had a business commitment that night. While waiting to make a left turn at an intersection, April was hit by a small truck. Her car was totaled. After the accident, April spent two weeks in the hospital and six weeks in physical therapy. In a lawsuit against the trucking company what type of recovery is least likely to apply?
Correct
Incorrect!
Correct Typically, one can recover amounts that make the injured party whole. Clearly, April's car was damaged and she missed work; therefore, she is entitled to recover amounts for property damage and lost wages. In addition, since April was incapacitated for several weeks, Jerry is also entitled to recover for the loss of his wife's companionship or loss of consortium.
Incorrect! Typically, one can recover amounts that make the injured party whole. Clearly, April's car was damaged and she missed work; therefore, she is entitled to recover amounts for property damage and lost wages. In addition, since April was incapacitated for several weeks, Jerry is also entitled to recover for the loss of his wife's companionship or loss of consortium.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Ted and Joanne live in Texas. They have been married for three years. For the first time two days ago, Ted hit Joanne during an argument. Joanne immediately left their home to stay with her sister. What is the most effective way for Joanne to protect herself from Ted?
Correct
Incorrect!
Correct
Incorrect!
Correct The most effective choice of the methods listed is to seek an order of protection so that if Ted comes near her again she can have him arrested and prosecuted.
Incorrect! The most effective choice of the methods listed is to seek an order of protection so that if Ted comes near her again she can have him arrested and prosecuted.
Correct
Incorrect!
Question 5
Nick (age 34) and Crystal (age 42) have lived together for two years. Crystal has two daughters (Hannah, age 15 and Louise, age 12) from a previous relationship. One day Crystal came home early from work and found Nick molesting Louise, who was home sick from school. When Crystal walked into Louise's room, Nick had her pinned to the bed and she was crying. Crystal immediately threw Nick out of their apartment and called the police. What charges can the state press against him?
Correct Since Nick and Crystal are not married, Crystal's daughters are not related to him (as stated, he is not the biological father). As such, incest would not be the appropriate charge against him because most incest statutes require some type of familial connection. Instead, rape (likely statutory rape due to Louise's age) would be the most appropriate charge because Nick had sexual relations with a minor against her will. Even if their sexual relationship had been consensual, he would still be charged with rape because under most states' statutes minors under a certain age cannot consent to a sexual relationship.
Incorrect! Since Nick and Crystal are not married, Crystal's daughters are not related to him (as stated, he is not the biological father). As such, incest would not be the appropriate charge against him because most incest statutes require some type of familial connection. Instead, rape (likely statutory rape due to Louise's age) would be the most appropriate charge because Nick had sexual relations with a minor against her will. Even if their sexual relationship had been consensual, he would still be charged with rape because under most states' statutes minors under a certain age cannot consent to a sexual relationship.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 6
Art is 22 years old. He lives in Nebraska with his 14-year-old bride, Samantha, who recently gave birth to their daughter. Their relationship started when Samantha was 12. Art met Samantha through her half-brother, who attended junior college with Art. Nebraska requires people to be at least 17 years old before they can marry (Art and Samantha got married in Kansas because there is no minimum age there to marry as long as there is parental consent. Both Samantha's parents approved of the marriage after Samantha got pregnant). Also, Nebraska prohibits people 19 or older from having sex with those under the age of 16. Violation of this statute constitutes sexual assault, punishable for up to 50 years in prison. Who is criminally liable in this situation?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The act that set the whole case in motion was Art's sexual relationship with Samantha. Despite the fact that Art "did the right thing" and married Samantha after she got pregnant, he still violated Nebraska's prohibition about having sex with someone under age 16. This violation is not negated by the inference that Samantha "consented" to the relationship, as evidenced by their subsequent marriage. As such, Art is the one who faces a possible jail sentence.
Incorrect! The act that set the whole case in motion was Art's sexual relationship with Samantha. Despite the fact that Art "did the right thing" and married Samantha after she got pregnant, he still violated Nebraska's prohibition about having sex with someone under age 16. This violation is not negated by the inference that Samantha "consented" to the relationship, as evidenced by their subsequent marriage. As such, Art is the one who faces a possible jail sentence.
Question 7
Barbara is 37 years old and pregnant by her 15-year-old husband, Marshall. They live in Georgia, along with Barbara's teenage son, Clark. Barbara met Marshall six months ago through Clark, who is one of Marshall's friends. Marshall's guardian is his 61-year-old grandmother. An adult who has a sexual relationship with someone under age 16 can be charged with child molestation. Nevertheless, under Georgia law a teenager can marry as long as there is parental consent and the minor is at least 16. Parental consent and the age requirements are waived if the bride-to-be is pregnant. Marshall's grandmother found out about the marriage after it occurred and she is vehemently against the marriage. Who is criminally liable in this situation?
Correct
Incorrect!
Correct The act that set the whole case in motion was Barbara's sexual relationship with Marshall. This relationship led to her pregnancy and subsequent marriage. Although Barbara is in violation of the Georgia statute that prohibits a sexual relationship with a minor, her marriage to Marshall, coupled with her pregnancy, appear to get her off the hook. As such, no one is liable for this debacle.
Incorrect! The act that set the whole case in motion was Barbara's sexual relationship with Marshall. This relationship led to her pregnancy and subsequent marriage. Although Barbara is in violation of the Georgia statute that prohibits a sexual relationship with a minor, her marriage to Marshall, coupled with her pregnancy, appear to get her off the hook. As such, no one is liable for this debacle.