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. 2An 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. 3What are the three applications of strict liability theory?
What will be an ideal response?
Q. 4Discuss 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. 5What 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. 6Perfect 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. 7Under 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