Question

36. Trespass to land is committed if, without the permission of the property owner, a person a. enters the property to assist someone in danger. b. causes water to back up onto the property. c. has a revocable license to come onto the property. d. all of the choices.

37. Tom and Bob are best friends and are on the school baseball team. Tom thinks Bob has great reflexes, so when he passes him in the hallway he yells, "Thank fast" and throws a hardball at Bob. Bob turns, does not react quickly enough, and is hit in the face. The force breaks Bob's nose and partly blinds him in one eye. In a suit brought by Bob's parents on Bob's behalf again Tom alleging battery: a. Tom is not liable because he and Bob were best friends. b. Tom is not liable because it was all in fun and he never intended to hurt Bob. c. Tom is not liable because Bob was not attentive and his neglect contributed to the injury. d. Tom is liable because he intended to throw the baseball at Bob even though he did not intend to cause actual harm.

38. Sam, Mary, Mike, and Jane think they need money. They agree that the next time the Fourth National Bank does not have a guard on duty they will rob the bank. All four go to a sporting goods store and buy pistols for the robbery. Later, Sam and Mary see the store does not have a guard on duty. They call Mike and Jane and learn both are out of town and will not be available. Taking it on themselves, Sam and Mary burst into the bank, brandish two guns, and announce a robbery. They successfully escape with bags of money. The next day they call Mike and Jane to split the money. Mike says he will take a share but Jane has had second thoughts and turns down any share. Later, detectives apprehend Sam and Mary at Sam's apartment. The district attorney is evaluating the case. Knowing all the facts set forth in this question, the conclusion reached is: a. Sam and Mary can be charged with robbery but because Mike and Jane were out of town they cannot face any charges. b. Sam, Mary, and Mike can all face charges for the robbery, but Jane's refusal to share means she cannot be charged. c. Sam, Mary, Mike, and Jane all were part of a criminal conspiracy to commit robbery and can all be charged. d. Sam and Mary can be charged with robbery, but because an agreement to rob requires a written contract no one else can be implicated.

39. Mickey is a low-level drug dealer who gets picked up by police. To avoid prison he agrees to a plea bargain that includes his agreement to give complete and accurate testimony against his supplier, Big Tony. Part of the deal is that he is immune from farther prosecution for his drug dealing. When Big Tony is finally apprehended, Mickey is called in to testify in the trial. But Mickey now has cold feat and doesn't want to testify. Being a former drug dealer he is fearful both of jail time and retribution from Big Tony. a. Mickey can assert his constitutional right not to testify under the Fifth Amendment and cannot be forced to give testimony b. Mickey can be compelled to testify and could be held in contempt should he refuse c. If Mickey gives testimony and Big Tony goes to jail, Big Tony can sue Mickey for malicious prosecution d. Because of Mickey's immunity agreement with the prosecutor, neither Mickey nor Big Tony can be forced to give testimony.

40. Maury has a small, computer repair shop in the local mall. Often customers bring in older computers for repair. Many of the old computers are using old Windows programs: Windows 7 and even older. As a service to reward customer loyalty, Maury often loads Windows 10 from one of his computers onto the customer's computer. Sometimes he does it without charge and other times he will only charge for his technician's time. Microsoft sues Maury for copyright infringement seeking damages and an injunction. At trial, the likely result: a. Microsoft wins damages and gets an injunction because Microsoft owns all rights to its software b. Because Maury has a license to run Windows 10 on his own computers, the "first sale" doctrine protects later copying to other computers c. Maury may be held liable for copying for which he charged the customers, but where he did not charge the customer there is no harm to Microsoft and he cannot be held liable for those instances d. Microsoft cannot get an injunction preventing future copying because that would violate Maury's First Amendment Right of Free Speech

Answer 1

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36-enters the property to assist someone in danger.

37-Tom is liable because he intended to throw the baseball at Bob even though he did not intend to cause actual harm.

38-Sam, Mary, Mike, and Jane all were part of a criminal conspiracy to commit robbery and can all be charged.

39-Mickey can assert his constitutional right not to testify under the Fifth Amendment and cannot be forced to give testimony

40-Because Maury has a license to run Windows 10 on his own computers, the "first sale" doctrine protects later copying to other computers