Need done by march 8th 7pm!

DEPARTMENT OF POLITICAL SCIENCE AND LAW MIDTERM EXAMINATION

NAME ____________________________________________

I. Torts Essay.

Andrea and her “friend,” Brianna, are Christmas shopping on Fifth Avenue in New York City at approximately 11:00 A.M. As the two approach the Gucci flagship store, there is a small patch of ice outside of the entrance to the store. Both women are dressed in 6 inch heels and attempt to avoid slipping and falling on the patch of ice. Andrea, being the more talented of the two, is able to enter the store without slipping on the ice. However, Brianna, the less talented of the two, slips and breaks her leg on the ice. The patch of ice must have developed only a couple of hours prior as the snowfall had begun earlier that morning and the temperature was well below freezing. Andrea went on shopping in the store as Brianna began to scream and cry in agony. Carlos, a driver from Connecticut, was driving his car down Fifth Avenue and looking down at his radio to switch stations when his vehicle slid on a patch of ice on the roadway sending his vehicle up onto the curb and directly on top of Brianna. Dennis, Brianna’s ex-husband, was also shopping on Fifth Avenue when he recognized his ex-wife on the sidewalk crying in agony. Carlos backed his vehicle off of Brianna and sped off in fear that he had killed an innocent woman. Brianna suffered two broken arms as a result of the vehicle collision. Dennis was able to identify the license plate number of the driver and quickly wrote it down on his iPhone.

When Brianna explained to Dennis that she was with Andrea, who was now in the Gucci store purchasing a very opulent scarf, Dennis stormed into the store and attempted to punch Andrea in the face for deserting his ex-wife on the sidewalk. However, Andrea saw Dennis through a mirror and was able to safely duck before his fist made contact with her. Unfortunately, Andrea’s sales rep, Edna, was standing behind Andrea and investigating the scarf for any defects, and was struck in the face by his fist. Edna then immediately punched Dennis in his face with such force that it sent him down the spiral staircase located behind him. As he tumbled down the staircase, he grabbed electrical wires which were dangerously hanging near the staircase in an attempt to bring his fall to a stop. However, the electrical wires he was grabbing began to spark together, causing a fire to break out in the Gucci store. The fire quickly grew and with only one exit to the store, the patrons were all stuck in the store against their will with no safe exit for approximately twenty minutes. Ultimately, the NYC Fire Department was able to put out the fire and everyone, except for Dennis, was able to exit safely. Unfortunately for Dennis, he perished in the fire as he broke both of his legs and was unable to lift himself away from the center of the fire. Andrea thanked Edna for saving her from getting struck by Dennis and told Edna that she would have done the same for her anytime.

II. What are the different causes of actions any individuals in the above fact pattern can pursue against any other person? Remember than even a deceased person’s family can still file a claim on the deceased’s behalf. List all elements for each cause of action.

III. Are there any applicable defenses any individuals in the above fact pattern can raise in a lawsuit?

IV. Is the Gucci store liable in any way for any of the events that transpired above and under what legal theories? List all elements for each cause of action.

V. Does anyone have a claim for false imprisonment? Why or why not? What are the elements necessary to prove false imprisonment?

II. Short Essays.

1. What are the elements that an adverse possessor must demonstrate before acquiring title by adverse possession?

2. What at the three (3) branches of government, what is the unique role of each of branch, and provide one (1) example of a person or entity that operates under each branch.

3. What is meant by “diversity jurisdiction”? What court are you entitled to file in if diversity jurisdiction is satisfied?

4. List the elements of the following torts: (a) False Imprisonment; (b) Trespass to Land; (c) Defamation; and (d) Battery.

5. In the civil division of Superior Court in New Jersey, what are the differences between (1) Law Division, (2) Special Civil Division, and (3) Small Claims Division?

6. Explain the differences between the tort of battery and the tort of assault and list the elements for each. Can one exist without the other? If so, give examples for each.

7. What are the four (4) divisions of the New Jersey Superior Court (Trial Court)? Further, list one type of case filed under each division.

8. What are the four (4) different ways to get into federal court?

9. What are the elements of a case brief?

10. Explain at least 7 different common objections to questions made in Court.

11. Explain what it means when a judge “sustains” or “overrules” an objection.

III. True/False.

1. ______The State of New Jersey belongs in the Third Circuit, along with Delaware, Pennsylvania, and the U.S. Virgin Islands.

2. ______A party who wishes to appeal a decision from Federal District Court must first appeal to the Federal Appeals Court before making an application to the U.S. Supreme Court for review.

3. ______An individual from Nevada wishes to bring an action against an individual from Wyoming for personal injury as a result of a car accident which involved both parties. The amount in controversy is in excess of $83,000.00. The Nevada resident wishes to sue in the Federal District Court of Nevada for the 9th Circuit, citing diversity jurisdiction as the basis for her application. The federal court has subject-matter jurisdiction over this type of matter based on diversity jurisdiction.

4. ______A party seeking an injunction against a neighbor files his claim with the criminal division of the court.

5. ______A police report does not constitute hearsay when the officer who prepared it is present in court.

6. ______In criminal trials, all jurors must come to a unanimous decision.

7. ______The standard for a state to meet in a criminal trial in order to convict a defendant is beyond ALL doubt.

8. ______Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience and is inadmissible in court.

9. ______Under the doctrine of transferred intent, where the actor intends to batter one person and actually causes a harmful or offensive contact with another, the actor will be liable to the actual victim under the doctrine of transferred intent.

10. ______Assumption of Risk is a doctrine which may be used as a defense in civil tort actions.

11. ______False imprisonment can occur where a department store detains a suspected shoplifter whom they reasonably believe has shoplifted.

12. ______The role of the executive branch of the government is to create law.

13. ______ In order to recover damages under intentional infliction of emotional distress, one must suffer only mild emotional distress.

14. ______ A defense to trespass to land is that the actor was engaging in a public necessity to protect the community.

15. ______ A tortfeasor is liable for all damages suffered by the plaintiff, even if those damages are unexpected or great in scope.

16. ______ Under the doctrine of “contributory negligence,” a plaintiff’s recovery for damages are limited by that plaintiff’s degree of fault.

17. ______Self-defense entitles a victim to defend himself/herself if a battery is impending, but never for retaliation purposes.

18. ______A true owner of land must file an ejectment lawsuit against an adverse possessor within the time prescribed by the Statute of Limitations to protect his/her interests.

IV. Multiple Choice.

1. How many individuals deliberate in a civil trial?

a. 6

b. 7

c. 8

d. 5

2. Which of the following is NOT an element of the tort of negligence?

a. Breach of duty

b. Damages

c. Causation

d. Intent

3. How many individuals deliberate in a criminal trial?

a. 14

b. 13

c. 12

d. 11

4. Which of the following is binding authority in a New Jersey court?

a. A Seton Hall Law Review Article.

b. A decision by the highest court of Pennsylvania.

c. A decision by the lowest court of New York.

d. A decision by the intermediate court of New Jersey.

5. Which of the following is the proper citation for the case: Simpson v. Lopez, an Appellate Division decision from 1980, located in volume 55 of the N.J. Super. reporter beginning on page 11?

a. Simpson v. Lopez, 55 N.J. Super. 11 (Appellate Division 1980)

b. Simpson v. Lopez, 55 N.J. Super. 11 (App. Div. 1980)

c. Simpson v. Lopez, 55 N.J. Super. 11 (App. Div.) (1980)

d. Simpson v. Lopez, 55 N.J. Super. 11 (App. Div. 1980)

6. Which of the following is NOT an intentional tort?

a. False Imprisonment

b. Assault

c. Negligence

d. Battery

7. Which of the following is not a legally recognizable defense?

a. Assumption of Risk

b. Consent

c. Necessity

d. Ignorance of the law

8. Senator Jones has just asked you to brief a case; all but the following are elements in a case brief:

a. Statement of Facts

b. Procedural history

c. The Reasoning

d. Presiding Judge’s Name