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Cornell final06exam Torts Wendel

Cornell final06exam Torts Wendel - Exam No CORNELL LAW...

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Page 1 of 7 Exam No. ____ CORNELL LAW SCHOOL Fall Term, 2006 Final Examination TORTS Section C Friday, December 15, 2006 Professor Wendel 11:00 a.m. INSTRUCTIONS If you are handwriting your exam, please write only on one side of the page, and please skip lines. Laptop use is permitted. You may have with you any printed reference materials, including your casebook, class notes, handouts, outlines (whether prepared by you or someone else), and commercial study guides. The only restriction on reference materials is that you may not do real-time electronic research, through Westlaw, Lexis, Google, or any other database or search engine. All events described in Questions #1 and #2 occurred in the State of Krzyzewski, the substantive law of which consists of the cases in the Franklin, Rabin & Green casebook. The events described in Question #3 did not occur in Krzyzewski (which is a landlocked state) but are governed by the same body of law — i.e. the cases set out in the FR&G casebook. If there is inconsistency in the cases that make up the governing law, the resolution depends on the role you are asked to play in answering the question. If you are acting as an impartial evaluator (as in Questions #1 and #3), it is up to you to resolve the inconsistency in the way you think best, based on the policies underlying the tort system. If you are acting as a lawyer (as in Question #2), you should make an argument for the result that would benefit your client, taking into account the counterarguments your opponent would likely raise. There is one fact pattern followed by three short answer questions, and then there are two essay questions. I have indicated the allocation of points and a suggested length for each answer. Length limits are suggestions only — there is no penalty for going over. You have four hours total to complete this exam. The amount of time you should spend on each question correlates roughly with the number of points per question. There are 100 total possible points on the exam. Please budget your time carefully. Good luck!
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Page 2 of 7 1. Short Answer . Based on this fact pattern, briefly answer the questions that follow. Keep your answers concise and to the point. 30 points total. Suggested length for answers to each of the sub-parts: 1 typed page or 2 handwritten pages. The Ninjitsu Whee! is an advanced video game system, similar to the Microsoft XBox and the Sony PlayStation. In addition to high speed and excellent graphics, the Whee! offers users unprecedented interactivity with the games they play. It does this through remote controllers that the user may hold or wear, which sense motion and transmit this information to the game console. For example, if the user is playing a tennis game, he or she can stand and use the remote controller like a tennis racket, swinging it to hit the “ball” displayed on the television screen. Other games using this interactive feature include martial arts and other fighting games, and fantasy role playing games in which the player can use the remote controller to operate swords and other weapons on the screen.
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