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Torts I - 1999
Practice Midterm Exam
Which torts support transferred intent?
What do these torts have as a common historical antecedent?
What are the two torts that deal with interference with personal property and how do they differ?
When can a bystander recover for intentional infliction of mental distress?
What are the elements of malicious prosecution?
Who is and who is not the defendant in malicious prosecution?
What does the defendant have to feel to justify a self-defense instruction in Missouri, according to Martin v. Yeoham, 419 S.W.2d 937 (Mo.App. 1967)?
Why did defendant Yeoham fire the gun in Martin v. Yeoham and how did that affect the court's ruling on his partner's liablity?
What are the elements of res ipsa loquitur as stated in the Christie case?
What are the 4 elements that have to be proved in a negligence per se case in Missouri?
What is the test for whether a penal statute may be plead as standard of care?
In the Morgan case, what was Morgan's proffered defense to the negligence per se claim and why did the court reject it?
What is the standard for disclosure for informed consent in Missouri?
What is the standard for disclosure in California?
What how does the role of the plaintiff's expert witness differ in Missouri and California informed consent cases?
Your client was a bad belly ache. He goes to the emergency room at the local hospital and is told that he as badly inflamed appendix and that he needs surgery or he may die. He signs a consent form that just says, "I know I am really sick and I consent to let the doctors cut me open and fix things." He suffers a severe, but rare reaction to anesthesia, which is a know risk of the procedure, and ends up with serve brain damage. dies. Will you make you your fortune on this case, or are there problems with his informed consent suit - what do you anticipate as the defendant's response to your claim?
What did the court do about the negligence per se argument in Bradley v. Ray and why?
What does Bradley v. Ray say about Missouri's attitude toward to negligence per say?
What is the Missouri version of the Tarasoff Rule?
What is the exception to the fireman's rule in Missouri that Hockensmith tried to use?
Why did his claim under the exception fail in Hockensmith? (Hint - one involved conduct the evening of the injury and the other involved past problems.)
What does Section 339 of the Restatement require?
When does 339 apply to ponds and pools?
While driving her car, Jane says she heard the voice of God tell her that Jim, a bicycle rider in front of her, was the devil, and that she must fight evil by killing the devil. She drove over Jim and killed him. She is being sued for battery. As her attorney, what will you need to show to defend her against this battery claim and how do you expect the plaintiff to rebut your claims?
In each situation, is the person a trespasser, a licensee, or an invitee, and why?
Assistant troop leader helping out at the Girl Scout Troop leader's house.
Avon Lady ringing a client's door bell.
Gas meter reader while reading the gas meter.
Customer at McDonalds in the rest room after eating his burger.
Same customer at McDonalds in storeroom looking for toilet paper because the rest room did not have any.
End of document
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