PAR 203 Second Exam
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Pima Community College *
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203
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Law
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Jan 9, 2024
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Par 203 – Tort Law
Name:_________________________________
Exam 2
Definitions: Define the following: 3 points each
1.
Fiduciary relationship (define and given an example)
2.
Statute of limitations
3.
Nuisance
4.
Additur
5.
Informed Consent
6.
Discretionary function
7.
Statute of repose
8.
Remittitur
9.
Loss of consortium
10.
FTCA
11.
General damages
(define and give an example)
12.
Punitive damages (define and give an example)
13.
Compensatory damages (define and give an example)
14.
Derivative Claim (define and give an example)
15.
HIPAA authorization
16.
Express Warranty
17.
Implied Warranty
18.
Class Action
19.
Privity
20.
CERCLA
Short Answer/Essay
1.
What is the problem with awarding general damages?
What ways or evidence
could you use to describe general damages? (2 points)
2.
What are the elements of a medical malpractice claim?
(4 points)
3.
What communications does the attorney-client privilege protect?
How is the
privilege waived?
What should paralegals do to preserve the privilege? (3 points)
4.
What is the difference between an absolute and qualified privilege?
(4 points)
a.
Who enjoys an absolute privilege?
b.
Under what circumstances is a defendant protected by a qualified
privilege?
c.
How can a qualified privilege be lost?
5.
In Arizona, what must you prove to be able to ask for punitive damages?
(2
points)
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6.
Pam consults with an attorney after she is severely injured in an auto accident.
The attorney convinces her to settle out of court for $100,000.
Ten years later, when she is
having her will done by another attorney, she mentions her personal injury case and the name of
the attorney who represented her.
She discovers that the attorney was subsequently disbarred for
unethical conduct, specifically relating to his collusive agreements with a particular insurance
company – the one Pam settled with.
She also finds out that the actual value of her case was
probably closer to $1 million.
Under the statute of limitations in Arizona, can she sue her former
attorney and the firm for which he worked?
Explain your response.
(2 points)
John buys a defective air gun and is injured.
He does not realize until 10 years
later that he has a claim against the manufacturer.
Under the laws of Arizona, can he still sue?
Explain your response. (2 points)
7.
In Arizona, you can sue a state or local entity for negligence.
What is the statute
of limitations?
(2 points)
8.
A cow escapes from the defendant’s enclosed pasture through an opening in the
fence and strikes the plaintiff’s car, causing serious injury to the plaintiff.
Some of the
defendant’s cows had escaped over the last 10 years at various places in the fence.
Neither party
can demonstrate how the fence broke.
Ranchers are required by law to fence their land and to
exercise care to keep their cattle inside.
The defendants are found negligent despite their claims
of diligence in repairing the fence.
Are punitive damages justified?
Explain your response. (2
points)
9.
What types of activities constitute the unauthorized practice of law?
(2 points)
10.
What are four reasons for legal malpractice claims? (4 points)
11.
What are the advantages of a structured settlement? (2 points)
12.
What is the difference between a public and private nuisance? (3 points)
13.
What is the difference between an implied warranty of merchantability and a
warranty of fitness for a particular purpose?
(3 points)
14.
What are the three types of design defect? (3 points)
Extra Credit Question 10 points.
Your attorney recently interviewed Dr. Willard Smith, a veterinarian, who suffered an
anaphylactic reaction to a dye that was used when administering a diagnostic test designed to test
his pulmonary capacity.
Because he temporarily stopped breathing but was not treated for about
10 minutes (it took that long for the paramedics to get to him), he became comatose for several
weeks, and it was believed he was going to die.
He regained consciousness and was in physical
therapy for almost a year, regaining about 60% of his mobility and 40% of the manual dexterity
he had before the incident.
He is no longer able to work as a veterinarian and has sustained
substantial financial as well as emotional losses as a result.
Dr. Smith wants to sue the medical
practice where the test was administered. Your supervising attorney has asked you to do some
preliminary research before she decides whether to take the case.
What information will you and
the attorney need before she can decide whether to take the case?