05 Oct October Torts Practice
If you have seen our other posts you know that we highly suggest doing a self evaluation early in the game to help you focus in on what you need to study. After you complete that self assessment you need to move on to building your steam for the October 2017 FYLSE. We created a post to help you break down the next 20 days; view that here.
Below is the link for the 2 essays below as well as the October FYLSE Calendar!
10.5.17essay October FYLSE calendar 10.5.17
This post is based on what you should be doing on the 5th of October; 20 Torts MCQ’s and Outlining 2 Torts essays. Since it can be hard to find material and because some people do not have the extra money to burn on study materials we have combed the internet for free materials for you!
Here are the suggested Torts essays for today:
June 2002
Craft Village is a small town that is popular with tourists because of its fine arts and crafts stores. Craft Village has no public transportation. All of the stores are located on Main Street. There is one large gallery, Northwoods Gallery, at the north end of Main Street. At the south end of Main Street is the Snooze Inn, a large motel. Tourists often stay at the Snooze Inn when they want to spend more than a day in Craft Village. Craft Village shops, by town ordinance, must remain open from at least 10:00 a.m. to 8:00 p.m. every day, including Sundays. All of the shops
close at 8:00 p.m. except Northwoods Gallery, which is open until 11:00 p.m. every night. Craft Village provides street lighting along Main Street, which is turned on each night at dusk. Jean arrived in Craft Village on Sunday night for her annual shopping expedition. As on all of her previous trips to Craft Village, she stayed at the Snooze Inn for two nights. She does not own a car, and one of the reasons she likes Craft Village is that she can walk to all the shops. Jean got up on Monday morning to go shopping. She shopped all day, and walked back to the Snooze Inn at 7:00 p.m. for dinner. After dinner, at around 8:30 p.m., she began walking to Northwoods Gallery. Half way there, she was accosted by a mugger. The mugger stood in front of her and shouted, “Hand over your purse, or
I’ll beat you up!” The mugger roughly snatched Jean’s purse as she held it out to him. The mugger fled, and Jean turned around and ran back to the Snooze Inn. The mugger was later captured by the police.
On what theory or theories, if any, might Jean recover damages from, and what
defenses might she anticipate, in an action against:
- The mugger? Discuss.
- Craft Village? Discuss.
- Northwoods Gallery? Discuss.
- Snooze Inn? Discuss.
June 2003
Flora owns a busy florist shop on a major thoroughfare near a dangerous intersection. The intersection has been the site of recent accidents, some involving cars exiting Flora’s parking lot. Because of this situation she hired Attendant to direct traffic into and out of the parking lot and placed a sign at the lot’s entrance, visible from the street, which states:
“Caution, Cars Entering Street.” Flora also instructed Attendant to make sure that the street was clear before sending a car out, but she provided no other instructions or training.
She was aware that Attendant was sometimes careless in his work. Attendant, given the clothes he wears, could not be mistaken for a police officer.
One morning, distracted by the line of honking cars that wished to exit the lot, Attendant waved Customer’s car out of the parking lot with only a hurried glance to determine if the street was clear. Customer heeded Attendant’s signal to exit the lot, but was distracted by her crying baby in the back seat and did not check to see if the street was clear.
Businessman, who was driving toward Flora’s shop, was dialing his cellular phone, and did not see Customer’s car exiting the lot.
Businessman, whose driver’s license had expired, collided with Customer. Both drivers were injured and both cars were damaged.
It is a crime to drive with an expired driver’s license. It is also a crime to employ a parking attendant who does not possess a special parking attendant license which costs $50, and requires three hours of safety training relating to operating a parking lot. Any employer of a parking attendant must obtain the license on behalf of the employee and is responsible for ensuring that the employee attends the three hours of safety training. Flora did neither.
On what theory or theories might an action or actions for damages be brought, and what defenses might be anticipated by:
- Customer against Businessman? Discuss.
- Customer against Flora? Discuss.
- Businessman against Flora? Discuss.
- Customer and Businessman against Attendant? Discuss.
20 Torts MCQ’s
Multiple choice questions are hard to come by and if you are not provided MCQ’s by your school you will have to go out and purchase a book with some. There are limited free resources on the internet but one of the commonly used source of MCQ’s for the FYLSE is the 1980’s FYLSE MCQ’s. This is the only known set of MCQ’s for the FYLSE to be released. Thankfully, one of our faithful readers broke the 1980’s MCQ’s into sections for us and we are now providing the Torts section to you for practice.
In previous sessions we have covered how to approach a Torts MCQ and how to quickly go to the call and with surgical precision identify the theory we are working with. Once you identify the theory you are working in then keep that in mind. If the call is asking about Negligence then you should not be choosing an answer that speaks to strict product liability.
Practice makes perfect! Keep practicing the method and before you know it you will be nailing those MCQ’s 100%!
There are 30 something MCQ’s and you really only need to do 20 but if you find yourself getting them all right; why not just finish the other ten? 1980 FYLSE – Torts MCQ