Section II: Identification (worth 1 point each) Instructions: In the space provided next to each brief scenario or question, write down or type in the word or phrase requested by the prompt at the end of the scenario or question.

21. A plaintiff filing a strict product liability claim may sue everyone within the __________________________, which includes manufactures, wholesalers, and retailers.

22. Chuck purchases a new Stack and Becker battery-operated weed trimmer from a local big box store. For the first five years of use, Chuck experiences no problems with the device. However, approximately 66 months after he bought the trimmer, he is hacking away at some large dandelion greens near his property line when, suddenly, the battery explodes and spews battery acid onto his arm, causing third-degree burns. Chuck files a strict product liability claim in the appropriate state general jurisdiction trial court. Stack and Becker seeks dismissal on the basis that Chucks claim is raised more than five years after his purchase of the trimmer. (Assume, for the sake of this question, that applicable state law mandates such a claim to be brought within five years after delivery of the product causing injury.) Chuck is in violation of what?

23. Ethan is a barista at Seattles Best who, in his spare time, engages in computer hacking. One day, while on a short break at work, he notices Howard, a day trader who brings his laptop into Seattles Best, orders a large latte, and sits down at a table and works while he drinks. Before returning to his post behind the counter, Ethan removes from a secret pocket in his pants a remote computing device, which he then uses to gain access to Howards desktop and download such information as Howards passwords, social security number, and credit card numbers. The following day, Ethan is able to withdraw funds from Howards bank account and fraudulently open a credit card account in Howards name. This is an example of what?

24. Assume that Landon completed the necessary paperwork to rent an apartment through AirBnB for an extended four-day weekend coinciding with a special harvest musical festival. However, approximately one week before the festival was to occur, a tornado ripped through the festivals venue and caused significant damage, necessitating cancellation of the event. Landon now wants to get out of his short-term rental agreement, as there is no other reason why he would need to stay in the apartment. Under which theory might he try to terminate the contract?

25. Darren seeks judicial review of administrative agency denial of his claim with respect to withheld medical assistance benefits. The court in which Darren seeks review informs him that it is dismissing his complaint because certain claims he raises were not properly presented to and considered by the agency. Which requirement did Darren fail to meet in this instance?

26. Carrie works as a fashion designer for Laceys Apparel, a boutique clothing company that caters to young female professionals. She is paid $80,000 per year plus incentives based on sales volume of items that she designs. Carries contract is for a period of five years, three of which she has completed. One day, she is approached by Karen Weldon, owner and operator of Karens Kreations, a competitor of Laceys Apparel in the young female demographic. Karen tells Carrie that she has long admired and appreciated her level of talent and she fells that Carrie is undervalued in her current role. (Karen is aware of the terms of Carries contract.) Then, Karen offers Carrie the position of Lead Fashion Designer with her company for a salary of $140,000 per year plus incentives, which Carrie will get so long as she leaves Laceys Apparel immediately. (Carrie is required, under the terms of her contract, to give at least thirty days notice if she plans to leave Laceys Apparel.) Carrie tenders her resignation, effectively immediately, after her conversation with Karen, and she thereafter goes to work at Karens Kreations for the $140,000 salary. In addition to a breach of contract claim against Carrie, what other claim might Laceys Apparel want to consider?

27. Under which test will a court weigh the dangers associated with a product against its benefit to the user and the general public?

28. Gary operates a furniture refinishing business in a densely populated area of West Philadelphia. Although he sands almost all of the pieces he refinishes, he also needs to remove old paint and stain with various strippers that contain caustic and flammable ingredients. He also stores in his shop large amounts of lacquer thinner, wood stains, varnishes, and other substances that are extremely flammable. In the early morning hours of May 24, a spark from an unknown source ignites Garys chemicals, causing a significant fire that ultimately spreads to other buildings. Three inhabitants of the other dwellings are severely burned. Although the facts do not suggest that Gary did anything negligent with respect to the storage and maintenance of his refinishing chemicals, the victims opt to pursue a claim in strict liability, claiming that Gary was engaged in what?

29. Lanny is accused of shoplifting at Walgreens. The stores loss prevention associate has video showing Lanny hiding cough medicine, a blood pressure monitor, and bandages under his shirt and then attempting to leave the store without paying for them. As Lanny approached the front door, Jill, the loss prevention associate, stops him and says that he needs to remain in the store momentarily because she has reason to believe that he is taking items from the store without paying for them. She does a limited pat-down, during which she quickly finds and recovers the items Lanny had attempted to steal. Thereafter, she calls local law enforcement, who promptly report to the store. After a quick investigation, Lanny is given an appearance ticket for a retail theft charge and they leave the premises. Immediately thereafter, Jill tells Lanny that he is free to go. The entire interaction lasts less than an hour. Lanny files a civil claim against Walgreens and Jill claiming that he was detained against his will. If Walgreens responds to the claim, what is the most likely defense for it to raise?

30. Tara slipped and fell while shopping at the Piggly Wiggly, a local grocery store, and she broke her hip and sustained other injuries. Tara consults Tex Brierson, a local attorney, who convinces her to advance a negligence claim against Piggly Wiggly for failure to post a sign indicating that the floors in the produce section where Tara fell had recently been mopped and were wet. At trial, attorneys for Piggly Wiggly produce the testimony of Leslie Marks, the produce manager at the store, who testifies that Tara was skipping (not walking) through the produce area and that she was wearing flat-sole shoes that appeared to have no grip. Which defense does Piggly Wiggly appear to be raising?