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lilipie lilipie
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Posts: 309
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6 years ago
Judge James, an appellate judge reviewing a tort case, disagrees with the majority of the court's opinion. Judge James should write a/an
 
  a. majority opinion
  b. unanimous opinion
  c. concurring opinion
  d. dissenting opinion

Q. 2

An easement by prescription arises where a parcel of land is land locked and has no access to a public roadway.
 
  A. True
   B. False

Q. 3

What are the three applications of strict liability theory?
 
  What will be an ideal response?

Q. 4

Discuss the consequences a creditor may face for violating the Automatic Stay. Who has the burden of proof in this type of situation? Are all bankruptcy debtors entitled to recover damages in situations where a creditor has violated the provisions of the Automatic Stay?
 
  What will be an ideal response?

Q. 5

What is the Automatic Stay and what effect does it have on a bankruptcy case? How does the Automatic Stay protect both debtors and creditors? How long does the Automatic Stay generally last? Be sure to describe the types of cases that are stayed in a typical consumer bankruptcy case.
 
  What will be an ideal response?

Q. 6

Perfect Pizza Company employs Harold as a pizza delivery person. Texting while driving, Harold runs over Bob, a pedestrian walking through a crosswalk. Bob wants to sue someone for his injuries. Can Bob sue Perfect Pizza Company?
 
  a. No, because Harold caused the accident.
  b. No, because Perfect Pizza Company did nothing wrong.
  c. No, because Bob cannot sue anyone since he was merely a pedestrian.
  d. Yes, because Perfect Pizza Company can be held liable for Harold's tortious acts.

Q. 7

Under 11 U.S.C.  727(c)(1), a creditor or the trustee may file an objection to discharge of a particular debt or all the debts of a debtor in a bankruptcy case.
 
  Indicate whether the statement is true or false
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Replies
wrote...
6 years ago
(Answer to #1)  d

(Answer to #2)  B

(Answer to #3)  They are to harm caused by animals, harm caused by abnormally dangerous conditions or activities, and products liability.

(Answer to #4)  The sanctions for violating the Automatic Stay are found in 11 U.S.C. 362(k), under which, an individual debtor who is injured by a willful violation of the Automatic Stay provisions of 362 is entitled to recover actual damages, costs, and attorney's fees as well as punitive damages in some cases. This section of the Bankruptcy Code, however, only applies to individuals, so a corporation may not recover damages. The debtor has the burden to prove that the creditor violated the Automatic Stay.

(Answer to #5)  The Automatic Stay typically terminates 90 to 100 days after the bankruptcy petition is filed in no asset cases filed under Chapter 7 of the Bankruptcy Code. In Chapter 13 cases, however, the Automatic Stay remains in effect for the duration of the matter. Automatic Stay is an injunction against the debtor's creditors and claimants that stops all court lawsuits and collection efforts against the debtor while the bankruptcy case is pending.

(Answer to #6)  d

(Answer to #7)  TRUE
lilipie Author
wrote...
6 years ago
All correct!
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