Instructions: Part One: Below are multiple choice questions please write the ANSWER OF THE LETTER ON THE ANSWER SHEET.

1. The federal district court for the western district of PA, has made a court decision that says police officers do not need a warrant to search your car if they are pulling you over for a traffic stop. Two weeks later the federal 3^rdcircuit makes a decision that police officers need a warrant to search your car if they are pulling you over for a traffic stop. In terms of this situation what is the best answer:

1. The district court must follow the 3^rd circuit ruling because this is an example of Stare Decisis
2. The PA Court of Common Pleas must follow the PA Supreme Court holding because this is an example of Stare Decisis
3. The 3^rd circuit court must follow the federal district court ruling because the federal district court decision was given first.
4. None of the above since PA is not bound by the rulings of the 3^rd circuit
5. It depends on diversity jurisdiction

2. In 1970 Federal law in the Controlled Substances Act classifies marijuana as a class one drug with the most severe criminal penalties for possession and sale. However 22 states have legalized marijuana in some way and four states, including Colorado in 2012, have legalized marijuana for recreational use. What is the best description of the legal status of Marijuana in Colorado?

1. The Federal law has priority (it controls) because it was in place prior to the state law
2. The Colorado law controls because it is not in conflict with the federal law
3. The state law controls because it overrides the conflicting federal law
4. The Federal law controls because it is overrides conflicting state laws
5. Both laws are null and void because of the conflict

3. On d2l we examined the case of Miladin Kovacevic the Binghamton University Basketball player from Serbia who nearly killed an American Business Major Student. While under arrest, Kovacevic fled the country and went back to Serbia. In terms of this situation, the American courts had what legal issue:

1. Subject matter jurisdiction
2. In Persona jurisdiction
3. Due Process
4. Diversity Jurisdiction

4. Adam, a student in my blaw 235 class, goes on Facebook and writes that Brion Scudder is a convicted thief. If this was a true statement what type of lawsuit is Brion likely to win against Adam?

1. Negligence
2. Libel
3. Slander
4. Misappropriation of the right to publicity
5. None of the above

5. Crystal writes on face-book that her friend Mary has herpes and other sexually transmitted diseases. Assuming that none of this is true what could Face-Book successfully be sued for?
   1. Negligence
   2. Libel
   3. Slander
   4. Misappropriation of the right to publicity
   5. None of the above

6. Brion makes an intimate video with his girlfriend Elizabeth depicting both of them in the nude. The video is stolen by Adam and posted on a free website on the Internet by Adam. What is the best legal theory for Brion and Elizabeth to use against Adam?
   1. Libel
   2. Slander
   3. Misappropriation of the right to publicity
   4. Invasion of the right to Privacy

7. Rachel is invited to Monicas house for a sleep over. Rachel has never been to Monicas house before. Monica has lived in her house for 12 years and is very familiar with its condition. Rachel is injured when she walks down a staircase where one of the stairs is missing. With respect to his situation if Rachel sues Monica who is most likely to win.

1. Rachel
2. Monica

8. Brion is at a bar when he gets into an argument with Matt. Brion raises his fists to Matt and tells him Im going to beat you up right now, he then swings his fist at Matt but Matt ducks and the punch comes into contact with Jennifers face. With respect to the civil tort charges against Brion what includes the list of all possible charges.

1. Attempted Battery (Matt), Assault (Matt), Battery (Jennifer)
2. Attempted Assault (Matt), Attempted Battery (Matt), Assault (Jennifer), Battery (Jennifer)
3. Attempted Assault (Matt), Battery (Jennifer)
4. No crime

9. In the question above let us say Jennifer sues Brion for the injuries she sustains and let's further assume that Brion proves that Jennifer was wearing face piercings that made her injuries more severe than if she wasnt wearing such face piercings. Brion can prove in court that had Jennifer not been wearing the jewelry the injuries she would have suffered would have been no worse than a small black and blue. With all the injuries Jennifer suffered the damages are $2000, if she wasnt wearing jewelry her injuries would have been $600. Based on these facts the jury should award Jennifer?

1. $600
2. $1800
3. $2600
4. $2000

10. Kelly & Jilliane, two college friends, are walking near a swimming pool joking and laughing. Kelly turns to Jilliane and says, You are looking so amazing today and Jilliane says, Yes, I am hot. At this point Kelly says, I can fix that and pushes Jilliane into the pool. The push causes Jilliane to break three teeth, and Jilliane can not swim and calls for help.

Luckily Sarah(hero theme (dunt tad a da) is nearby and plunges into the pool to rescue Jilliane. Sarah accidentally bangs her arm on the side of the pool when she dives in and fractures her arm. Sarah then also acts negligently in the rescue because she drags Jilliane out of the water by her neck which causes Jilliane to fracture her third vertebrae paralyzing the woman from the neck down. Jilliane is rushed to the hospital where doctor (Dion) does emergency surgery. The doctor negligently leaves a sponge in Jilliane and Jilliane dies as a result. On her way home after the pool incident, with a broken arm, Sarah is hit and killed by a drunk driver who ran a red light and smashed into her car.

What are all the legal liabilities of Kelly?

1. Kelly can be held liable for: Jillanes broken teeth, Saras broken arm, Jillianes broken vertebrae, Jillianes death, Saras Death.
2. Kelly can be held liable for: Jillanes broken teeth, Jillianes broken vertebrae,
3. Kelly can be held liable for: Jillanes broken teeth, Saras broken arm, Jillianes death,
4. Kelly can be held liable for: Jillanes broken teeth, Saras broken arm, Jillianes broken vertebrae, Jillianes death
5. Nothing Kelly owed no duty to Jilliane

11. Colleen and Jordan are boyfriend and girlfriend. They are in Jordans car and Jordan is driving. Colleen asks Jordan to pull over for a second. Jordan does so and Colleen says, Jordan we have to talk (Why is it nothing good ever comes after this)Colleen continues, You are very special to me, but I just dont see this relationship going anywhere, I think we should see other people. (which really means Im already seeing other people). Jordan is stunned he didnt expect this to happen. They had plans, he bought tickets to a concert, they were in love. He starts crying and says, Colleen please, dont dont do this. Colleen says sorry that is the way I feel and I want to leave you and this car right now. Jordan then locks the doors and speeds off onto the highway at 65MPH with Colleen in the car and says until you say you will go back out with me, I am not pulling over. In this situation it can best be said that:

1. Colleen can be sued for Intentional Infliction of emotional distress to Jordan
2. Colleen can sue Jordan for False Imprisonment
3. Colleen can be sued for conversion of property of Jordan
4. No one has committed anything that would rise to a legal liability its a break up thats all
5. Time for Jordan to take a Prozac

12. One day you are crossing one of the Pittsburgh bridgesusually the one you didnt want to cross anyway. There on the edge of the bridge you witness someone (you have never met) try and commit suicide by jumping off the bridge. You run over and look over the side of the bridge and see him waving his arms going Im ok, help, help You are a well qualified swimmer and could rescue him without any harm to yourself. However, you simply watch as the man drowns. The whole situation was also caught on news video and was shown on the six oclock news. The family of the drowned victim identified you and has sued you for failure to rescue. In terms of this situation it can best be said that:

1. You will not be able to be sued because you owed no duty to rescue a stranger
2. You could lose the law suit if it is discovered you had the training and skill to rescue and could have saved the drowning man
3. You will lose the law suit because of the Good Samaritan Statute
4. You will win the law suit because of the good Samaritan Statute

13. In The debate we watched between Supreme Court Justice Scalia and Breyer over interpreting the constitution the flaw in Justice Scalias position he supports is:

1. It requires the oppressing majority to vote for the freedom and rights of the oppressed minority
2. It requires the Supreme court to interpret the words of the constitution in accordance with ever changing societal standards
3. It gives too much power to the judges to determine what the words of the constitution mean.
4. That it violates procedural due process.

14. If I told you the Statute of Limitations for a Negligence Action was Three Years what impact would that have on your case if you wanted to sue (as a plaintiff claiming an injury from negligence) a year after the 3 years had expired?

1. At trial they could reduce your damages for not bringing the case sooner
2. At trial the evidence you would need to produce would need to be stronger because the time was so long ago
3. Your case would be dismissed by the judge without ever going to trial
4. You would automatically win because it was after the statute of limitations

15. On d2l we examined the case of Miladin Kovacevic the Binghamton University Basketball player from Serbia who nearly killed an American Business Major Student. The injured victim sued the two bars Dillingers and Rathskeller under what law?

1. Federal controlled substances Act
2. Dram Shop Act
3. Shop Keepers Privilege Act
4. Foreign Corrupt Practices Act