Section I. Fill in the blank: 10 points Clearly write the word that corresponds with each definition. The length of the blank does not correlate to the number or length of the words or phrases. of Motion to swimmay june is the court's authority to hear and decide a case. 85 Arbitration is a consensual bargaining process used primarily to resolve disputes and complete transactions, the intent of which is to arrive at an agreement that is acceptable to all involved parties. 6 1 A ( n ) is beyond the scope of responsibility and authority of the employee 7 Consideration is/are prior reported opinion of an appeals court establishes the legal rule for future cases involving the same legal question. 10) Standard of Care is an area of tort law that compensates individuals for injuries when another person did not mean to hurt them.Section II. True/False. 6 points (1 pt each) Write True or False. If the statement is false, explain why it is false. 1) Abdul enge Challe. for 2) Diego sues Don for negligence. Don's act must be the sole cause of Diego's harm. True True 4) Prof DAN. . 5 While leaving the classroom, Prof DeMartini sticks out her foot, meaning to trip the first student out the door, because he was asking dumb questions in class. He would sue her for negligence. True 6) NCAA Athletic Grant-in-Aid Cap Antitrust Litig., 375 F. Supp. 3d 1058, 1061-62 (N.D. Cal. 2019) is a US Supreme Court case. True -4 27) Which of the following are the US's primary court systems? a) State and federal b) Criminal and civil c) Administrative and maritime d) State, federal and criminal e) State, federal, criminal and civil State, federal and administrative g) All of the above are primary court systems 8) Ellen sues Tiffany for negligence. Tiffany's lawyer submits a document to the court disputing the Ellen's claim and asserting that Ellen can't prove the elements of negligence. What is this document called? a) Complaint b) Defense c) Assumption of risk d) Answer e ) Discovery Summary judgment g) All of the above h) None of the aboveh) None of the above 19) Which status best describes a person who bought a ticket to attend a Kennesaw State basketball game? a) recreational user b) business invitee c) trespasser public invitee e) private invitee f) license g) All of the above You open a motocross off road track in Alabama. Your motocross track is an American Motorcyclist Association sanctioned facility with four tracks and half a million yards of dirt that form various landscapes and terrain. You have all of your participants sign a waiver before they can ride. A motocross rider falls off and gets injured in your first month of opening the track. She wants to sue you for negligence In You would be held accountable for injuries to invitees resulting from dangerous conditions on your track when you had which of the following? a) Actual notice b ) Constructive notice c) Implied notice d) A and B B and C All of the above None of the above 127 As landlord, what is the standard of your obligation to the rider? Safety 14) The waiver protects you from which of the following? a) being sued for reckless misconduct b ) being sued for injuries resulting from inherent risks of the activity being sued for ordinary negligence being sued for wanton and willful behavior B and C f ) All of the above g) None of the above UI - 4First Nations hockey players were subjected to racist taunts spring hockey tournament in Quebec City. The Coupe Challenge Quebec AAA was held at the Videotron Centre. It is a spring tournament organized for the last 20 years and hosted by the Bulldogs de Quebec, a AAA team in Quebec City. It included the First Nation Elites Bantam AAA team, made up of players aged 13 and 14, from several Cree, Atikamekw and Algonquin communities in Quebec, as well as from First Nations communities in Ontario and Nova Scotia. Players were called "savages" by at least one coach and a number of spectators. They were also subjected to opposing players mimicking a stereotypical "war cry" on the ice, and players mocking the motion of a tomahawk as the First Nations players passed them near the dressing room off the ice. This incident resulted in a lot of media coverage and public condemnation of the rink and the organizers. You are the Facility Manager for the Videotron Centre and realized you didn't do enough risk management. g). 16) You should have classified the potential risks by which of the following factors? a) Prior history b) Frequency C) Cost d) Popularity Severity f) B and E A, B and C All of the above i) None of the above - 1 6y 18) Which of the following are examples you could take to transfer the risk? a) Do not allow ice hockey tournaments at your facility b) Buying insurance to protect against losses if you have to cancel a tournament c) Making a PA announcement that racist comments will not be tolerated d) A and C @ All of the above are examples of transferring the risk None of the above are examples of transferring the risk A former University of Notre Dame football defensive lineman who played on the 1988 championship team recently filed a class action lawsuit accusing the school and the former coach of failing to educate players on the dangers of concussion. Morrison played nose tackle for Notre Dame from 1985 to 1988. He now suffers from short-term memory loss, emotional instability, depression, speech difficulty, insomnia, tinnitus, major neurocognitive disorder and dementia, among other conditions, as a result of head injuries suffered while playing football. Morrison sites a number of studies, from as early as 1905 to the 2000s, about the negative long-term effects of head injuries. During a typical football season, college athletes subject themselves to the "equivalent of repeated car accidents." Concussions and chronic traumatic encephalopathy, commonly known as CTE, can cause long-term brain damage, behavioral issue and Parkinson's disease. No University staff discussed CTE with the football players during Morrison's time with the program. The student-athlete handbook does not address brain injuries and Morrison was not on scholarship, so he did not sign any paperwork when he joined the team. 19% Under which origin of duty would Morrison allege that the coach had a duty to keep him safe? a) Relationship inherent b) Voluntary assumption c) Statutory Standard of care e ) A and B f) All of the above g) None of the above 21) The coach may be able to protect himself from liability using defenses to negligence. Which of the following defenses may he be able to use? a Primary assumption of risk b) Secondary assumption of risk C) Waiver d) Sovereign immunity Volunteer immunity f) A and B g) All of the above h) None of the abov