Comprehensive Practice Questions – ANSWER KEY

Chapters 1, 3, 7, 8, 9, 10, 11, 12, & Product Strict Liability

***************************************************************
NOTE:
These answers illustrate key points and reasoning; actual exam answers
may vary in detail or emphasis. Use them as a guide for study.
***************************************************************

===============================================================
1. CHAPTERS 1 & 3
===============================================================

1. (Multiple Choice)
Q: Which of the following best distinguishes civil law from criminal law?
A. The parties involved
B. The burden of proof
C. The type of remedy sought
D. All of the above

Answer: D. All of the above

Reasoning: Civil cases involve private parties, have a lower burden of proof (preponderance of
evidence), and seek compensation. Criminal involves the state, a higher burden, and punishment.

2. (Scenario) Jurisdiction
Q: Under what conditions (if any) might the federal court in State A properly exercise
jurisdiction?
Model Answer:
- Diversity of Citizenship: If Paula and Don are residents of different states, and the amount in
controversy exceeds $75,000, Paula can file in a federal court of either Don’s state or possibly in
her own state if personal jurisdiction over Don exists. Personal jurisdiction in State A might be
established if Don has sufficient minimum contacts there, or if Don consents.

3. (Short Answer) Stare Decisis

Q: Explain what stare decisis is and why courts follow it.
Model Answer:
- Stare decisis means courts follow precedent set by higher courts or previous similar cases. It
ensures consistency, predictability, and stability in the law, guiding judges in deciding current
cases.

4. (Multiple Choice) Summary Judgment

 Q: For summary judgment:
A. No genuine dispute of material fact ...
Answer: B. No genuine dispute of any material fact exists, and the moving party is entitled to
judgment as a matter of law.

5. (Short Answer) Alternative Dispute Resolution

Model Answer:
- Advantage of Arbitration: Faster, more private, binding result.
- Disadvantage: Limited right to appeal or challenge an arbitrator’s decision.

6. (Scenario) Venue
Q: Slip-and-fall across counties ...
Model Answer:
- Generally, venue is proper in the county where the event occurred or where the defendant
resides. If the suit is filed in a different county, the defendant can move to transfer to a more
appropriate venue (the county where the injury occurred).

7. (Multiple Choice)
Q: How is mediation different?
Answer: C. The parties themselves decide whether to settle or not.

===============================================================
2. CHAPTER 7 (INTENTIONAL TORTS)
===============================================================

1. (Scenario) Battery vs. Assault

Q: Max tries to punch Nina but misses.
Model Answer:
- This is likely an **assault** because Nina saw the swing and felt apprehension of imminent
harm. No battery occurred because there was no actual contact.

2. (Multiple Choice) False Imprisonment

Q: Which of the following is NOT required?
A. Confinement
B. No reasonable escape
C. Awareness/harm
D. Physical injury

Answer: D. Physical injury is not required. Only awareness or resulting harm is necessary.

3. (Short Essay) Defamation

 Model Answer:
- Elements: (1) False statement of fact, (2) Published to a third party, (3) Harm to reputation.
Libel is written, slander is spoken. **Defamation per se** arises when the false statement
involves accusations of serious crime, business misconduct, loathsome disease, or unchastity (in
many jurisdictions).

4. (Scenario) Invasion of Privacy

Q: Olivia’s photo of Paula in private backyard.
Model Answer:
- Likely **intrusion** because she used a zoom lens to intrude upon Paula’s seclusion.
Possibly public disclosure issues if private images are sold. But the key is “intrusion” for spying
or eavesdropping into private space.

5. (Scenario) IIED
Q: George’s 12 hours of screaming insults.
Model Answer:
- Could be extreme and outrageous conduct, intended to cause severe distress. Likely IIED if a
reasonable person would see 12 hours of constant obscenities as beyond all bounds of decency.

6. (Multiple Choice) Defense of Others

Answer: B. Defense of others. Bill is protecting John from Mary’s imminent battery.

7. (Scenario) Interference with Contractual Relations

Model Answer:
- Company B knew about a valid contract and induced Supplier X to breach. Company A may
sue Company B for **tortious interference** if B’s actions were intentional and improper.

===============================================================
3. CHAPTER 8 (NEGLIGENCE)
===============================================================

1. (Multiple Choice)
Q: Which is NOT an element of negligence?
A. Duty, B. Breach, C. Actual & Proximate Cause, D. Criminal Intent

Answer: D. Criminal Intent is irrelevant in negligence.

2. (Scenario) Duty to Trespassers

Model Answer:
 - Landowners owe at least a duty not to engage in willful/wanton harm. Children are owed
greater protection. The court might find Lester liable if it’s foreseeable kids might trespass (an
“attractive nuisance” or child trespasser scenario).

3. (Short Essay) Negligence vs. Strict Liability

Model Answer:
- Negligence: Plaintiff must prove duty, breach, causation, harm.
- Strict Liability: Plaintiff only proves the activity or product was inherently dangerous or
defective and caused harm, without needing to show breach.

4. (Multiple Choice) Pure Comparative Negligence

Q: If plaintiff is 80% at fault:
Answer: B. Plaintiff recovers 20% of damages.

5. (Scenario) Res Ipsa Loquitur

Q: Ski lift collapse
Model Answer:
- The accident is of a type that ordinarily doesn’t happen without negligence, defendant had
exclusive control. Plaintiffs can invoke res ipsa to shift burden to the ski resort to disprove
negligence.

6. (Multiple Choice) Proximate Cause

Q: The ambulance crash
Answer: A. Likely only the initial injuries from the cellar fall. The drunk driver is a
superseding cause.

===============================================================
4. CHAPTER 9 (INTRODUCTION TO CONTRACTS)
===============================================================

1. (Multiple Choice)
Q: A contract is best described as ...
Answer: B. A legally enforceable agreement.

2. (Scenario) Bilateral vs. Unilateral

Model Answer:
- Jade & Kurt’s situation: Jade says “promise to mow,” Kurt says “I promise,” = bilateral.
- Lulu & Manny: Manny starts performing without a verbal promise; that’s unilateral.

3. (Short Answer) Promissory Estoppel

Model Answer:
 - A promise that foreseeably induces reliance in the promisee, who changes position
detrimentally. The court enforces the promise to avoid injustice despite lack of formal
consideration.

4. (Scenario) Minor’s Contract

Model Answer:
- Usually **voidable** by the minor. A 16-year-old can disaffirm, so the contract is voidable.

5. (Multiple Choice) UCC coverage

Q: UCC primarily governs ...
Answer: B. Sale of goods.

===============================================================
5. CHAPTER 10 (MUTUAL ASSENT)
===============================================================

1. (Scenario) Offer & Acceptance

Q: “I accept, but only if ...”
Model Answer:
- Under common law, this is a **counteroffer**, not an acceptance, so no contract is formed
on those terms.

2. (Multiple Choice) Mailbox Rule

Q: Revocation mailed Monday, acceptance mailed Tuesday ...
Answer: B. A valid contract exists when Kim mailed her acceptance.

3. (Short Essay) Firm Offer vs. Option Contract

Model Answer:
- **Firm Offer (UCC)**: A merchant’s signed, written promise to keep an offer open for up to
3 months, no consideration needed.
- **Option Contract (common law)**: Offeree pays separate consideration to keep offer open
for a specified time. Buyers might prefer a firm offer if dealing with a merchant under the UCC
(no extra cost), but an option contract if not dealing with a merchant.

4. (Scenario) Lapse of Time

Q: Offer expires Day 10, acceptance Day 12.
Model Answer:
- Offer is no longer valid after Day 10, so no contract is formed on Day 12.

5. (Multiple Choice) Counteroffer

Q: A counteroffer ...
 Answer: A. Terminates the original offer.

===============================================================
6. CHAPTER 12 (CONSIDERATION)
===============================================================

1. (Scenario) Preexisting Duty

Model Answer:
- If Paul is already legally obligated, there is no new consideration for the extra $2,000. The
city’s promise is unenforceable under preexisting duty rule.

2. (Multiple Choice) Adequacy of Consideration

Q: A court will not inquire into ...
Answer: A. The fairness or adequacy of the consideration. They only check existence, not
whether it’s a “good deal.”

3. (Short Answer) Past Consideration

Model Answer:
- Past consideration is something given or performed before the promise is made; it does not
satisfy the requirement that consideration must be bargained for.

4. (Scenario) Accord and Satisfaction

Model Answer:
- Because there was a genuine dispute, the new agreement ($350) is an accord and satisfaction.
Carol cannot later sue for the remaining $150.

5. (Multiple Choice) Illusory Promise

Q: “I promise to buy your car if I decide I want it.”
Answer: D. A and C are both illusory. Promises hinged on the promisor’s unfettered discretion
are illusory.

===============================================================
7. CHAPTER 11 (CONDUCT INVALIDATING ASSENT)
===============================================================

1. (Multiple Choice)
Q: Which would not make a contract voidable?
Answer: D. One party’s regret at a bad bargain is not a reason to void a contract.

2. (Scenario) Mutual Mistake

Q: The Picasso painting ...
 Model Answer:
- Both parties were mistaken about a material fact (the authenticity), so the contract is likely
voidable by the adversely affected party (often the buyer).

3. (Short Essay) Undue Influence

Model Answer:
- Undue influence arises when one party in a position of trust or dominance unfairly persuades
another. For example, an elderly client and a caretaker might raise suspicion of undue influence
if the caretaker pressures the client to sign an unfavorable contract.

4. (Scenario) Misrepresentation
Model Answer:
- Dan’s statement is a material misrepresentation he knew was false. Erin may rescind the
contract on grounds of fraudulent misrepresentation.

===============================================================
8. PRODUCT STRICT LIABILITY
===============================================================

1. (Multiple Choice)
Q: Who can be held liable?
Answer: C. Anyone in the chain of distribution.

2. (Scenario) Manufacturing Defect

Model Answer:
- Under strict liability, the retailer is potentially liable even without knowledge of the defect.
The injured customer can sue manufacturer and/or retailer.

3. (Short Answer) Design vs. Manufacturing Defect

Model Answer:
- **Design Defect**: The entire product line is inherently unsafe because of the design.
- **Manufacturing Defect**: The product design is fine, but a flaw occurred in the
manufacturing process, making this particular unit defective.

4. (Scenario) Defenses to Product Liability

Q: Tasha’s misuse of chainsaw on metal pipes ...
Model Answer:
- This is an abnormal misuse. The manufacturer wouldn’t reasonably foresee the saw being
used to cut metal pipes. The defense may bar or reduce Tasha’s recovery.

===============================================================
END OF ANSWER KEY
===============================================================