TORTSf2010quiz1 - Why?

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1TORTS — SECTIONS C & EVENING ____________________________________________________________________________ Name ______________________ Please complete this quiz on your own time for next class. I suggest that you try to answer as much as possible from memory. Feel free to use your casebook, notes and briefs as needed, however. We will review this quiz in class. Please note next week’s assignments at the end of the page. 1. Darla (D), observing all applicable laws, was riding her bicycle on the street during the day time. D loses control of her bicycle when a tire unexpectedly ruptures, colliding into and injuring Pim (P). P sues D. Discovery (depositions, interrogatories, etc. ) shows that it is agreed that the bicycle is well maintained and the tires do not show excessive wear and tear. a. Upon the close of discovery, what motion would you file if you were D’s attorney?
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Unformatted text preview: Why? __________________________________________________________________ _____________________________________________________________________________ _ b. Based on what youve learned about American tort law, how is a judge likely to rule on the motion? Why? ____________________________________________________________________ _____________________________________________________________________________ _ c. If the fact is added that D was five years old, would that affect the outcome of the motion? ____________________________________________________________________________ 2. Name at least one basis on which a parent may be liable when the parents child engages in tortious conduct. _______________________________________________________________ 3. A student in this class may turn in a note excusing her or him from participation _____ times per semester....
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