III. MULTIPLE CHOICE (Max. 10 points) This section contains 5 multiple choice questions. Choose the response for each question that is most accurate and write its corresponding letter in the space provided. Each correct response in this section is worth two (2) points. All work must be your own without assistance or input from anyone else. 1. ________. Francis was an adult who was injured after ice skating at his local county park. Francis did not see any of the three signs posted around the perimeter of the lake by the county that warned skaters not to skate due to thin ice. Francis fell through the ice and was hospitalized for two days, after suffering several minor, soft tissue injuries and nearly drowning. Francis immediately sued the County for negligence in failing to post adequate warnings. Which of the following should Francis be MOST concerned about regarding his lawsuit? A. The Countys defense of comparative negligence B. The Countys defense of the state Tort Claims Act C. The Countys defense of express assumption of risk D. Francis should not be concerned about any of the three County defenses asserted above. 2. ________. Which of the following scenarios WOULD MOST LIKELY result in strict liability in tort being found? A. Plaintiff injured when Defendant driver speeds through a red light. B. Neighbor injured when a pet tiger gets free from its chains and bites neighbor. C. Defective product sold that is not manufactured in accordance with the design specs. D. All of the above would likely result in strict liability in tort being found. E. Only B and C are correct. 3. ________. In a hurry to get to a party that he was running late for, James stopped at Shop-Quick to pick up a few last-minute things for the party. As he ran down the junk food aisle looking for cheese dip, he slipped and fell in a puddle of orange juice that had spilled halfway down the aisle and had not yet been cleaned up. When James sues Shop-Quick for his injuries, which of the following affirmative defenses would give Shop-Quick the greatest chance for victory? A. State Tort Claims Act B. Comparative Negligence C. Express Assumption of Risk D. Shopkeepers Privilege 4. ________. Which is true of the reasonable person standard? A. The standard is not relevant in civil tort cases. B. The standard is an objective standard that applies in negligence cases. C. The standard is used in strict-liability-in-tort cases but not in negligence cases. D. None of the above are true.

5. _______. Which of the following might be lawful to use in a corporate marketing campaign? A. An image of a celebrity without his/her consent. B. A famous slogan that is already associated with a celebrity in the minds of the public without consent from the celebrity. C. A publicity photo of a celebrity posted by the celebrity on his/her social media pages. D. B & C are both lawful to use. IV. PRACTICAL SKILL SECTION. (Max. 8 Points) Using Westlaw Campus Research or Google Scholar, find and read the case of Brijall v. Harrahs Atlantic City, 905 F. Supp. 2d 617 (D.N.J. 2012) and respond correctly to the following questions. Briefly, the case involves a suit against Harrahs in Atlantic City for injuries to a patron allegedly caused by one of Harrahs security guards. Harrahs has denied any liability for Plaintiffs injuries and has moved for Summary Judgment. There is a maximum of eight (8) points to be earned for your correct responses. All work must be your own without assistance or input from anyone else. A. Why does Plaintiff allege that Defendant Harrahs should be liable for his damages on the basis that Harrahs acted negligently? Be sure to identify the three ways in which Plaintiff alleges negligence against Harrahs. (2 Points) B. Explain in detail why Defendant Harrahs won its motion for summary judgment against Plaintiff on the latters claims of negligence. (1 Points) C. Did Defendant Harrahs win summary judgment against Plaintiff on his tort claims for assault and battery? Explain why or why not in sufficient detail to demonstrate your understanding of the legal principles applied in the case. (3 Points) D. Explain what respondeat superior means and its importance to the Courts decision. (2 Points) IV. EXTRA CREDIT (Optional Max. 6 Points). These optional, extra credit questions allow you to earn an additional six (6) points towards your total Quiz score for correct responses to both questions. EC1. In an action for Libel by a celebrity athlete, the Plaintiff celebrity athlete who brings the Libel case must prove by a preponderance of the evidence that the Defendant published a false statement about the celebritys character, reputation or integrity that caused him/her harm and that the Defendant did so with ___________. (3 Points).

EC2. The tort of ___________________ is committed when an individual defames the quality, brand, reputation or ability of the products or services of a business causing actual harm or damage to the business and/or its reputation. (3 Points).