1. You have two (2) hours for this exam.

2. This is a closed book exam. No written materials are permitted in the examination room.

3. There are 2 parts to this exam. There is a separate time limit for each part.

PART 1 is the essay portion (one fact pattern). You will have 70 minutes to complete Part I. You must do Part I first. The proctor will tell you when you must stop working on Part I and go to Part II. You may not begin Part II before the end of Part I. You may not return to Part I once you begin to work on Part II.

PART II contains 35 multiple choice questions. Additional Instructions are provided at the beginning of the multiple choice section.

4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.

5. Write on every other line and every other page to permit instructor comments.

6. If the answer to the question depends upon the determination of facts not given, state such facts and point out why they are material. Do not make implicit assumptions.

7. Assume that the events take place in a fictitious American state. Work within the framework of traditionally accepted positions. If an issue is open and subject to differing views, state the choices, and analyze the facts accordingly.

8. Be concise, organized and clear. In grading the essay I will award points for organization and clarity so I would advise that, before you start writing, you take 10-15 minutes to read the question, decide how to allocate your time, and organize a succinct but comprehensive response.

9. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Failure to return all exam materials at the end of the exam may result in a failing grade. (PART I of the exam and your bluebooks will be available for your review after grading.)

GOOD LUCK!

Essay Question (Seventy minutes);

Delia runs a video store in a small town in North Tortellini and promotes free home delivery of videotapes “within an hour of your order.” She has licensed drivers deliver the tapes to the outskirts of town, but for orders within 10 blocks of the video store, she has found it less expensive (and good advertising) to have kids on skateboards make the deliveries. She makes them wear bright glow-in-the-dark t-shirts that say “Delia’s Dawgs.” Her thirteen year old son and his friends gladly show off their skating talents while making deliveries and Delia lets them take home video games, free, when customers are not using them.

One day Stevie Skater was hanging around the video store. Delia got a request for a video delivery and Delia asked Stevie if he’d like to make a delivery. She told him that if he did a good job, she might have him do it on a regular basis. Although Stevie was only 10, he looked older. Because he was excited to get the chance to hang out with the “Dawgs” who he idolized, Stevie did not mention to Delia either his age or the fact that he was not an experienced skateboarder.

Stevie made the delivery on a board he borrowed from Delia, after she had told him that safety was her most important concern. “Above all, don’t put yourself in danger,” she said.

After dropping off the tape, Stevie decided to go back “the long way” so he could get some practice on the board. Unfortunately, he got rattled when a car came up behind him. Rather than just get off the board as a more experienced skateboarder might have, he tried to speed up, and flew off his board into the path of the oncoming car. Although the driver of the car, Mr. Good, was driving with all due care, he swerved to avoid hurting Stevie and then could not avoid slamming into a telephone pole. Stevie was unhurt, but Mr. Good was seriously injured. Mrs. Good was in the passenger’s seat of the car sleeping when the car went into the skid. She awoke, terrified, a second or two before contact, but then blacked out and cannot remember hitting the pole. She regained consciousness several hours later in a hospital room. Remarkably, although she continues to suffer from nightmares about the crash and migraine headaches, she was not injured physically in any way in the crash.

Moments later, Mr. Good’s younger brother, Bubba, who was on his way to visit the Goods, came upon the accident. Although Bubba had taken a six-week course in emergency medical care and was a licensed emergency medical technician (EMT), upon seeing his brother bleeding profusely, he became faint and disoriented. Other than calling the County rescue ambulance, he did nothing to help. Experts agree that the accident itself would have left Mr. Good disabled, but that he would have had a 90 percent chance of survival if his brother had been able to get him to an emergency room.
Because of funding cuts, the County had had to cut jobs—including the position of one of four ambulance dispatchers. As a result, dispatchers now have to work much longer shifts and are tired and less able to concentrate. An exhausted County dispatcher received Bubba’s call toward the end of her shift and miscommunicated information to the ambulance driver, resulting in a forty-minute delay. Even if the County ambulance had arrived with no delay, experts will agree that Mr. Good would have had only a 50-50 chance of survival. Unfortunately, he did not survive.

Mrs. Good asks your firm to evaluate potential claims against each of the following:

1. Delia’s Video (for harm to Mr. or Mrs. Good associated with the accident);

2. Bubba (for post-accident harm to Mr. Good);

3. The County (for the post-accident harm to Mr. Good).

You have been asked by a partner in your firm to discuss only issues that we have read about or discussed this semester. Another lawyer is researching all other issues. Analyze liability issues, but do not discuss allocation of damages.

End of Essay Question

Additional Instructions
Part II

1. You have 50 minutes for this portion of the exam. DIRECTIONS: For each of the following questions, choose the best answer to the question or the best completion of the sentence and mark your choice in the appropriate bubble on the answer sheet. Be sure the number of the question corresponds with the number on the answer sheet. There is no penalty for wrong answers.

2. Part II consists of 35 multiple choice questions. There is no penalty for wrong answers. The questions are not meant to be tricky. Do not look for trouble. You may mark up this question packet as you wish, but you MUST return this packet with your answer sheet.

3. Enter your exam number in the space provided above on this sheet.

4. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

5. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY RESULT IN NO CREDIT FOR THE ANSWERS.

In addition, as a precaution, please also mark your answers on this question packet by encircling the letter of the correct answer to each question. You must return this question packet to the proctor with your answer sheet.

UNCLEAR QUESTIONS OR ANSWER CHOICES:

If you think a question or an answer choice is unclear, try your best to answer the question. Then jot the number of the question down below and explain your answer on the next page.

Maximum number of explanations per person is 3. No credit absent rational explanation.

Question No. Your Answer Explanation

REMEMBER: YOU MUST RETURN THIS QUESTION PACKET
WITH YOUR ANSWER SHEET

END OF EXAM

BE SURE YOUR EXAM NUMBER APPEARS ON BOTH YOUR QUESTION PACKET AND ON YOUR ANSWER SHEET. BE SURE TO RETURN BOTH TO THE EXAM ENVELOPE.

HAVE A GREAT HOLIDAY! SEE YOU IN JANUARY.