For your holiday enjoyment, here’s the essay question from the Torts exam I just gave last week:
The American Association of Law Schools’ yearly law professor gathering is usually a staid affair. Not so this year.It all started when Dean Priam of USC Law School threw a party at a nearby farmhouse he owned, hoping to build goodwill for his school. In attendance were, among other people, Priam’s young untenured colleague Prof. Paris; a married couple who both teach at Michigan State Profs. Menelaus and Helen; Prof. Hades, of Duke; and Prof. Homer, of Western New England College. Hades also brought his new pet, Cerberus, a half-dog / half-wolf puppy. Cerberus had always been very well-behaved, and was on a special extra-strong leash from Hercules Products; but state law did make it illegal to keep dog/wolf mixes except in cages.
Unfortunately, Priam’s neighbor, Midas, thought he had gold on his property, and was experimenting with an ultrasonic process that he was hoping would make the gold easier to mine. The ultrasonic waves didn’t pose any problems for people or most livestock, but they did agitate dogs a great deal, to the point that some neighboring dogs had done a lot of damage as a result; Midas, though, refused to stop.
At about 9 pm, Midas let loose with the latest ultrasonic blast, and Cerberus went berserk. As it happens, Helen had just been petting Cerberus, but Cerberus promptly bit Helen’s hand. She naturally tried to get away, but Cerberus surged forward so sharply that the leash ripped, leaving Cerberus free to chase after Helen.
Helen ran out of the house, and in the dark fell into a pit that Priam knew about but hadn’t bothered filling. She fortunately broke her fall with her arms, but as a result broke her wrist. Cerberus was still running behind her, so she got up and kept running. She climbed over a short fence, trampled on some roses (which, unbeknownst to her, were Midas’s—the fence, it turns out, marked the boundary between Priam’s land and Midas’s), and kept running, Cerberus at her heels. She then fell into a pit on Midas’s land, and sprained her ankle.
Where was Menelaus in all this? He and Helen had had a terrible fight earlier that day, and he was actually rather enjoying standing on Priam’s porch and watching his wife’s trouble. But Paris ran after Helen and Cerberus, and eventually wrestled Cerberus to the ground.
Helen of course refused to go back to her hotel room with Menelaus. Paris took her to the hospital, and then offered to have her stay in his room. One thing led to another, and Helen and Paris began an affair that night; the next day, Helen told Menelaus that she was leaving him.
Menelaus, enraged by the whole matter, resolved to ruin Paris’s career; he told his friends at USC about how Paris stole Helen from him, which persuaded them to vote against tenure for Paris. He also told his friends at UCLA the same, which persuaded them not to offer Paris a job.
Prof. Homer was so amused by the whole story that he included it in a book that he was writing about shenanigans in academia. He even titled the book after the story, and titled the story, Helen: The Face That Launched a Thousand Torts.
Analyze all the tort claims that could be brought as a result of this situation. You need not predict which of them would win and which would lose, but you should analyze them as thoroughly as you can, giving the best arguments for both sides. Assume that all this conduct is governed by the law of the State of Ilium; but because Ilium doesn’t have much caselaw on these subjects, Ilium judges are potentially open to following any of the rules that we have discussed in class. If for some issue, we’ve studied two or more different rules followed by different jurisdictions, please analyze under each one, and say (if we discussed this) which is the majority rule and which is not. But do not discuss the policy arguments for or against adopting any one of the approaches; it’s enough that you identify and discuss each approach.
Do not discuss what kinds of damages (e.g., lost wages, emotional distress, etc.) may be recovered under the various claims.
As with all law school exams, be sure you cover all plausible arguments, even if you think they are ultimately losers. If some fact on which your answer would turn isn’t included in the question, state this, and state how the fact would affect your answer.
UPDATE: This was the only essay question on a 4-hour exam that also included 17 multiple choice questions (which helped me provide coverage of topics that weren’t much covered on this exam); I would imagine that a typical student would spend about 3 hours on this question.
Anon21 says:
Based on my reaction, I would say it’s time for me to start studying for my torts exam. Anon21(Quote)
neurodoc says:
Professor Volokh, after you have grade dthe exams, do you post your own version of a model answer, or at least the best in class answer? I always thought that professors who didn’t do that were denying their students a valuable opportunity to learn from the test. neurodoc(Quote)
GainesvilleGuest says:
I’m glad I’m almost done with law school. GainesvilleGuest(Quote)
Malvolio says:
Is copyright infringement a tort? Because Christopher Marlowe might sue Dr. Homer for stealing the line about “face launching a thousand x”, although Homer could plead fair use, parody, expiration of copyright, or even lack of jurisdiction. Malvolio(Quote)
JohnF says:
May they discuss meta torts arising from the exam itself (various forms on intentionally inflicted mental distress, abuse of student, etc.)? JohnF(Quote)
Case3L says:
You really know your procrastination levels have hit new highs when you start writing down an outline for an exam that somebody posted on his blog. Ok now, back to writing my note. Case3L(Quote)
MGA says:
How many days do you give your students to work through that one? Everybody in sight has tort claims against each other, even Midas. MGA(Quote)
Dave N. says:
I am glad I am done. When I look back at law school through rose-colored glasses, I am usually forgetting final exams. Dave N.(Quote)
Jon Rowe says:
So I take it you aren’t going to recycle this exam Q for next year?
Re the state, I remember 13 years ago my 1L Torts prof. doing some similar re the state. It was the state of “Temple” (after our school).
That must be part of the law prof’s teaching manual.
Like the Greco-Romanism of the subject matter btw. Jon Rowe(Quote)
ABlast says:
Sounds like a typical weekend at my in-laws house. ABlast(Quote)
Jon Rowe says:
Here’s a good torts example of the controversial “intentional infliction of emotional distress” theory — a tort that, for obvious reasons, is very hard to recover under. Do you think the infamous Mark Knopfler prank phone call (the Amanda ***** one) would qualify (assuming the victim found out who Mark Knopfler was and sued within the statute of limitations time period)? I think in most jurisdictions, it would. What say you? Jon Rowe(Quote)
byomtov says:
Ablast gets an “A.” byomtov(Quote)
Jon Rowe says:
SPOT THE ISSUE:
I assume here this relates to the strict liability standard relating to both wild (as opposed to normal domesticated) animals AND products liability. Therefore, dog owner and Hercules Products face potential strict liability claims.
“But state law did make it illegal to keep dog/wolf mixes except in cages.”
I remember this as relevant to negligence. If a state has a criminal statute, violation of which directly relates harm that ensued, it’s negligence per se. The “reasonable person” doesn’t violate criminal statutes. It’s like getting a ticket in an automobile accident and the reason for which the ticket was given directly related to the accident (why insurance companies always ask when you first report an accident claim “were there any tickets given?”). It’s per se evidence of negligence.
I’m not going to answer the whole question. Though it would be kinda fun if we, as a comment thread, discussion did.
[I also realize what I wrote above wouldn’t score me full credit on a law school exam because after “spotting the issue,” one must then explain the rule and list all elements of it and not assume that you are talking to a lawyer or law student who knows what you are talking about. Once I mentioned negligence I’d have to immediate discuss its four elements, etc., not just jump into a discussion of breach of duty.]
I’ll kick the ball to the next party. Jon Rowe(Quote)
Laura(southernxyl) says:
My dad tells me that his western civ final exam, at Ole Miss back in the 1950’s, consisted of a single item:
Write a short history of western civilization. Laura(southernxyl)(Quote)
mariner says:
I know squat about torts, but I had a blast reading that question.
Thanks, Professor V! mariner(Quote)
CrazyTrain says:
He would lose because short phases are not copyrightable.
(And copyright infringement is generally considered a “tort” (see, e.g, personal jurisdiction cases with different rules for “torts”). But I doubt that it was a tort that was studied in his 1st year class.) CrazyTrain(Quote)
omgponies says:
Answer: Sue Prof. Volokh for intentional infliction of emotional distress for asking that question. omgponies(Quote)
jimM47 says:
Well, I’ll be a son of a mink. Why’s everybody gotta go around making sounds that annoy animals? jimM47(Quote)
Jon Rowe says:
He would lose because short phases are not copyrightable.
But they are trademarkable. Jon Rowe(Quote)
byomtov says:
But they are trademarkable.
See “three-peat” for a ridiculous example. byomtov(Quote)
frankcross says:
Why did we make Professor Hades a Dukie? frankcross(Quote)
Keith Waters says:
Professor Hades should have been a Tar Hole. Keith Waters(Quote)
Jon Rowe says:
Hey Frank,
I used to listen to your business law tapes in my car, as an adjunct, (I’m a full timer now) when driving to work for review (and sometimes examples; please don’t sue me for copyright violation; I assure you my uses of your work were brief and transformative, hence “fair”). I still remember/use Oliver Wendell Holmes once said: Even a dog knows the difference between being kicked and being tripped over (to illustrate the difference between intentional torts and negligence) and the caterpillar (offer) becomes a butterfly (contract) when accepted examples. But sometimes the caterpillar gets squished. I also like assault and battery go together like salt and pepper. Jon Rowe(Quote)
tvk says:
Second MGA’s question. Even though I am much better at torts now than when I was a 1L, it would still take me a few hours to go through all the issues I spotted on a quick read (and I might have missed some). If you gave less than 3 hours, then I hope you like bullet points for your answers. tvk(Quote)
Oren says:
I think that one is pretty obvious. Oren(Quote)
Jon Rowe says:
Landowners owe a duty to almost everyone on their land except trespassers (and even then we are subject to the “attractive nuisance” doctrine)....Do reasonable people not bother to fill pits on their land that they know about?...etc. Jon Rowe(Quote)
leo marvin says:
Like Oren, I thought that was the one thing nobody would question. The hypothetical exceeded my ability to suspend disbelief when Cerberus couldn’t catch a serially clumsy, injured law professor. I half expected you to have her fall a third time when she broke a high heel, yet still stay a step ahead of the charging wolf. leo marvin(Quote)
EMB says:
It seems as though students knowledgeable about Greek mythology will have an unfair advantage taking this exam in their abilities to keep the relationships between the characters straight. EMB(Quote)
byomtov says:
It seems as though students knowledgeable about Greek mythology will have an unfair advantage taking this exam in their abilities to keep the relationships between the characters straight.
You mean literate students will do better than illiterate ones? Cry me a river. byomtov(Quote)
frankcross says:
Glad you liked the tapes. But the assault and battery/“a salt and a peppa” only works with a cheesy Italian accent. frankcross(Quote)
Guy says:
I’m not sure being knowledgeable about Greek mythology (as opposed to being more knowledgeable about 18th century British literature, or familiar with American literature, for example) is a useful measure of a potential lawyer’s competency, though I don’t think this “cultural bias” is significant enough for us to worry about. This isn’t the SAT’s here, and any advantage is likely to be negligably small. Guy(Quote)
TRE says:
I think someone familiar with the Illiad would be at a disadvantage because of the cognitive dissonance involved. TRE(Quote)
John Moore says:
The famous physicist Richard Feynman had problem sections at the end of each chapter of his excellent basic physics textbooks. The questions were marked with difficulty, with the highest level being, well, close to impossible for anyone (don’t remember how he put it).
One of those very hardest was:
“Describe the electron”
One might also note that Feynman once speculated that there was only one electron (perhaps why “the” is in the question) — the electron going back in forth in time (backwards as a positron) to be all the electrons in the universe. John Moore(Quote)
John Jenkins says:
The part at the end is the best part. The ultimate shotgun question: if there is something not in here, go ahead and talk about it. Ye Gods why would you do that to yourself? John Jenkins(Quote)
byomtov says:
Guy,
I agree any advantage is likely to be negligably small. What I disagree with is the notion that familiarity with the basic story of the Trojan War and its main characters requires “being knowledgeable about Greek mythology.”
You might not identify Priam immediately, but Helen and Paris, and Menelaus in context? byomtov(Quote)
Malvolio says:
I don’t think that’s unreasonable. I myself was wondering about the pit that Priam “knew about”. Was it a sinkhole that just developed and Priam hadn’t gotten around to repairing, or was he digging a swimming pool? I (a very, very non-lawyer) thought it might make a difference to the negligence issue. If it did (and someone actually taking this test should know), I might speculate on which.
Similarly, the Hercules leash, was it advertised as being suitable for wolf-dogs? Malvolio(Quote)
Skyler says:
This is one of those essay questions where you simply regurgitate the class outline and discuss everything and how it applies to everything and keep going until you run out of time. Skyler(Quote)
ChrisTS says:
Leo:
Cerberus has a disability — multiple head syndrome. Apparently, he was not afforded proper accomodations for the chase. ChrisTS(Quote)
ChrisTS says:
byomtov:
Poor, poor dear. ‘Helen of Troy’ they’ll get ... maybe. ChrisTS(Quote)
Tweets that mention The Volokh Conspiracy » Blog Archive » My Torts Exam -- Topsy.com says:
leo marvin says:
Now there’s a case of ADD I don’t see benefiting much relief from Ritalin. Maybe a hacksaw. leo marvin(Quote)
SuperSkeptic says:
Ouch. My hand hurts thinking about it.
At least he didn’t purposefully confuse the relationships...that would have been cruel. SuperSkeptic(Quote)
Greg Conen says:
That’s a lot of torts.
All of Midas’s unnamed neighbors have claims against him nuisance, agitating dogs and causing damage. Since he’d been warned to stop, but continued anyway, this shows negligence, but if the dogs were properly controlled, less or no damage would result. The damaged neighbors also have claims against dog-owning neighbors for a related nuisance. The uncontrolled dogs are the proximate cause of the damage, but a nutcase with an ultrasonic noisemaker would not be foreseeable.
Hades, Hercules products, and Midas are all liable to Helen and Priam for the various damage caused by Cerberus’s rampage. They all negligently contributed to Cerberus breaking free. Hades, as has been noted, is negligent per se, for breaking the law, his best hope is to pump up the contributory negligence of the other parties. Hercules could claim that its product was being used in an improper fashion to illegally restrain a dog/wolf mix. Midas can claim that the presence of a dog/wolf mix was unforeseeable. All parties can claim contributory negligence from both Helen, for approaching Cerberus, and Priam, for inviting Cerberus despite the ultrasonic nuisance. Midas also has a claim against the other parties for damage caused to his land and roses, and Hades against the other parties for injury to Cerberus.
Hades also has a claim against Hercules for the broken leash, with the same improper use defense. Helen has a claim against Priam and Midas for the unfilled pits, and Priam for inviting her to the same party as a wild animal. Midas can claim that he was unaware of the pit, and Helen was trespassing when he fell in. Midas and Priam have a claim against Helen for damage she did, but being pursued by wild animal in fear of her life is a defense.
Paris has a claim against the other actors if he was injured by Cerberus, though he initiated the scuffle, and Hades against Paris if Cerberus was injured, though Paris was defending another’s life.
Menelaus has a claim against Paris for Alienation of Affection, though Paris can claim he was incidental to Helen leaving Menelaus, not a cause. Paris, in turn, has a claim against Menelaus for libel, to which Menelaus may or may not have a truth defense, defending on what he said.
Paris may have an employment discrimination claim of some sort against UCLA and/or USC.
I think that’s everything. Greg Conen(Quote)
Greg Conen says:
Crud, I forget libel and/or right of publicity claims for all actors regarding Homer’s book. Greg Conen(Quote)
Kuzbad says:
The one I don’t get is Homer / Western New England? What am I missing? Kuzbad(Quote)
ChrisTS says:
Leo:
Is beheading — multiple or not — permitted under ADA? Seems to me Cerberus should just have gotten time and a half to catch up. ChrisTS(Quote)
Eugene Volokh says:
Kuzbad: Where is Western New England College of Law? Eugene Volokh(Quote)
Kuzbad says:
Eugene: Ouch!! It took me a minute...very nice! Kuzbad(Quote)
Guy says:
Yeah, if my personal experience is representative, most people don’t know jack squat about Greek mythology. I see Hades, Cerberus, and Helen at best for the average person. A friend of mine offered me a pomegranate the other day and I made an off-hand joke about Persephone, cue a blank stare. Not that I have anything against the theme naming here, it’s a cute in-joke. I’m just saying that if a law test were structured in such a way that knowledge about it were really required, (e.g. “can Achilles’ relatives sue Eris for wrongful death?” — without further explanation or background) that would be a step to far. Guy(Quote)
sitzpinkler says:
West > East sitzpinkler(Quote)
sitzpinkler says:
That exam violates Rule 8 of the Law School Exam Canons: “All party and place names must be reducible to a single letter without replication.”
You can’t have Helen, Homer, and Hades. You can’t have Menelaus and Midas.
Rules are rules. sitzpinkler(Quote)
Bill Poser says:
If the advertising and user’s manual for the leash were written in Mycenaean Greek, as suggested by the name of the manufacturer, Hercules Products, and Priam, as a Trojan, could only read Hieroglyphic Luwian, is the improper use defense valid against his claim? Bill Poser(Quote)
leo marvin says:
I doubt any amount of time is adequate if one head is thinking “filet of law professor,” the second head is thinking “neighbor’s cat” and the third head is thinking “my tail.” leo marvin(Quote)
NickM says:
It was Hades’s dog, not Priam’s.
Of course, under the Montana baseball bat decision, which might be followed in Ilium, you can have a duty to warn someone who neither purchases nor uses your product.
Nick NickM(Quote)
Mike S. says:
And every professor of classic Greek literature who reads this blog has a claim against Professor Volokh for intentional infliction of emotional distress. Mike S.(Quote)
Michael A. Gottlieb says:
John Moore: The famous physicist Richard Feynman had problem sections at the end of each chapter of his excellent basic physics textbooks. The questions were marked with difficulty, with the highest level being, well, close to impossible for anyone (don’t remember how he put it). One of those very hardest was: “Describe the electron”
Wrong. The Feynman Lectures on Physics contains no problems at all. Caltech published exercise books for The Feynman Lectures, and the problems for each lecture are ordered by approximate degree of difficulty, but they are not “marked with difficulty,” none of the problems are anywhere near “close to impossible for anyone,” and “Describe the electron.” is not amongst them.
John Moore: One might also note that Feynman once speculated that there was only one electron (perhaps why “the” is in the question) — the electron going back in forth in time (backwards as a positron) to be all the electrons in the universe.
This is also wrong: It was Wheeler (Feynman’s thesis advisor) that came up with the “one electron” idea, which Feynman disagreed with, arguing that if it were so, we’d see as many positrons as we do electrons in the world, which we do not.
Mike Gottlieb
Editor, The Feynman Lectures on Physics, Definitive Edition Michael A. Gottlieb(Quote)
Cornellian says:
Hades also brought his new pet, Cerberus, a half-dog / half-wolf puppy. Cerberus had always been very well-behaved, and was on a special extra-strong leash from Hercules Products; but state law did make it illegal to keep dog/wolf mixes except in cages.
This kind of thing is practically a billboard-sized sign saying “Warning: Multiple Issues here.” Cornellian(Quote)
byomtov says:
ChrisTS,
Poor, poor dear. ‘Helen of Troy’ they’ll get ... maybe.
Yes. I know, but I try not to think about it. byomtov(Quote)
Mark Field says:
Wow. An Annie Hall moment. Mark Field(Quote)
AndrewMcClurg says:
A classic, Eugene. AndrewMcClurg(Quote)
DYSPEPSIA GENERATION » Blog Archive » Why You Don’t Want To Go To Law School says:
Realist says:
...and in the meantime, the first-year MBAs over at the B-school will be answering a question on company valuation that actually relates to the profession they’re training for, and will get them a good job assuming continued economic recovery. Realist(Quote)
DjDiverDan says:
This is precisely why I hated Torts in Law School — and why I have absolutely no respect for most PI lawyers now. Rather than asking a question which requires some detailed analysis of a complex issue (which would actually show more than a passing familiarity with the subject matter), you ask a question which asks students to “spot all the issues”, without requiring them to actually analyze them. This is also why most PI Plaintiff’s lawyers file really ridiculous “shotgun approach” Complaints — list all the possible torts they can think of (i.e., in your fact scenario, Menelaus suing Paris for alienation of affection, even though most states have legislatively eliminated such a cause of action), even if they have no real factual basis (like if one of the essential elements is missing) or legal authority. Also, I think a student could get through your exam without ever addressing important issues like proximate cause, causation in fact, or independent intervening cause (Could Hades escape liability for Cerberus’ actions because Midas’ experimentation with ultrasonic blasts, which either violated local sound pollution ordinances or constituted a common law nuisance, was an unforeseeable intervening cause? Even if Hades was negligent in not caging Cerberus, in violation of state law, he’s still not liable if he can show an independent source of causation that was not reasonably foreseeable. Does Hades, who himself has violated the law, still get the benefit of the legal presumption that others, like Midas, will act in accordance with the law?) Sorry, EV, I still like many of your posts, but the fact that you teach Torts and test in this manner has lowered you in my estimation. DjDiverDan(Quote)
Joseph Slater says:
EV:
I teach Torts too, and there’s a lot of fun stuff (well, from a prof’s perspective) in there, but I wanted to ask you explicitly about what a couple of folks have mentioned above: the final clause stating, “If some fact on which your answer would turn isn’t included in the question, state this, and state how the fact would affect your answer.”
That seems to me to be a recipe for problems, especially in testing a first semester class. I always tell my students NOT to make up or add any additional facts. I understand that sometimes an exam question has unintended ambiguities or even factual gaps. But I wouldn’t want to invite speculation (“well, if defendant had a gun,” “if there was some pre-existing problem,” etc.). Joseph Slater(Quote)
Jordan Rosenberg says:
I’d like to sue USC because its employee, Priam, was acting in his official capacity when he threw a party to further the interests of the school. Jordan Rosenberg(Quote)
Laura(southernxyl) says:
Ha! Laura(southernxyl)(Quote)
frankcross says:
I think you have to have that last sentence because of ambiguities, Joseph Slater. And if they make up facts not plausible from the question, they’re just wasting time, they get no credit.
The problem is that some of these students are creative and smart and will find holes in my question that I didn’t see. Although this question has so many separate legal issues, they probably won’t have time to do much factual musing. frankcross(Quote)
Joseph Slater says:
That’s how I would handle it, Frank (or frankcross if you prefer). And I’ve certainly written questions with holes I didn’t see. It’s just that I think inviting first year students to add facts might be a worse potential problem. Anyway, I’m sure EV has enough experience teaching to know what works best with his students. Joseph Slater(Quote)
current3L says:
Actually, no. Professor Volokh was clear (to any student who read the entire question) that You need not predict which of them would win and which would lose, but you should analyze them as thoroughly as you can, giving the best arguments for both sides.
I suspect someone who spotted all the issues, but didn’t do a duty-breach-causation analysis would pass, but get well below the median. He also asked for you to apply both majority and minority jurisdiction rules, when appropriate. Most likely, that is dispositive on some of these issues. current3L(Quote)
Will says:
My torts final is tomorrow.
Anyway, this question raises at least one issue which I am completely unsure of. Presumably the necessity defense entitles Helen to enter Midas’s land, since she needs to escape the dog. However, for the purposes of the traditional landowner liability categories, is she still considered a trespasser, or now considered a licensee? Will(Quote)
Grover_Cleveland says:
IANAL, but could Helen sue for false light based on the title of the book? Grover_Cleveland(Quote)
Serendiptity says:
My torts exam is Friday and I wondered exactly the same thing. Serendiptity(Quote)
ICEngineer says:
I love law, and found this question incredibly interesting, but right at this moment I am really glad I became an engineer. ICEngineer(Quote)
tvk says:
Tip for students, it helps to first list out all the torts before going through the analysis so you don’t miss anything. I think this is a reasonably complete list, though Eugene can tell me if I missed anything.
Everyone:
v. Homer for right of publicity and public disclosure of private facts.
Helen:
v. Midas for negligence for whistle and occupier’s liability.
v. Hades for strict liability and negligence.
v. Hercules for product liability.
v. Priam for occupier’s liability.
v. Menelaus for duty to rescue due to special relationship.
Midas:
v. Helen for trespass and negligence.
v. Hades for trespass and negligence.
v. Paris for trespass.
Hades:
v. Paris for trespass to chattel.
v. Hercules for product liability.
v. Midas for negligence.
Priam:
v. Midas for nuisance.
Menelaus:
v. Paris for alienation of affections.
v. Midas, Hades, Hercules, and Priam for loss of consortium.
Paris:
v. Menelaus for defamation, public disclosure of private facts, and tortuous interference with economic relations. tvk(Quote)
ChrisTS says:
So alienation of affection is still used? I was wondering. [Only in a few states, but we did have one class session discussing it, chiefly because it reflects in interesting ways on broader tort policy questions. –EV]
On the other hand, if you stand on a porch (stoa?) laughing while your partner is being chased by a multi-headed hell hound, I think you have already achieved the alienation on your own. ChrisTS(Quote)
Patent Lawyer says:
This was, I hope, a take-home? Or the only question on a 3 hour exam, at least? Yikes. I applaud your ability to write a fact pattern that includes probably 90% of torts mentioned in the Restatement.
@tvk: I was under the impression that loss of consortium was a type of damages, not an independent cause of action, and therefore actually not covered by the question.
BTW, Eugene, what’s your opinion of jokes made based on the source material in the question? I included such jokes in my Patent Law and Antitrust exams in law school, mostly for my own amusement (in fact patterns based on “Stranger than Fiction” and Futurama, respectively. I mean, how do you write an antitrust question about Planet Express without mentioning Mom’s Friendly Package Delivery Co.?) Patent Lawyer(Quote)
The Watcher says:
The Watcher observes that in real life tort cases take three forms:
1. So and so was drunk and his car hit the new mom’s car (bonus if you can sue the bar who served him).
2. Jenny was at work and her boss made an off color joke. She was fired for stealing the next week.
3. Grandma Jones fell down in the walmart parking lot. There is a chance the cart guy knew there was loose gravel there. The Watcher(Quote)
markm says:
IMHO, Cerberus is not disabled, he is differently abled. He is very good at guarding entryways, but poor at chases.
As for the exam inflicting emotional distress upon the students, wouldn’t the law school require them to sign waivers before enrolling? markm(Quote)
ED Reese says:
But Cerebrus is still suffering from the painful and disabling effects of Midas’s mining. I know nothing about torts, but plot devices, I can definitely speak on. ED Reese(Quote)
Donald says:
I still can’t figure out how Helen climbed out of that first pit.... Donald(Quote)
Atomic says:
Guy — Regarding Greek history and mythology:
Persephone and Bluto — Sailor gets laid up for the winter. Atomic(Quote)
william jones says:
I hate exams that require more time to figure out who is who than to address the law. I invariably spend about 1/3 of my time drawing a stupid picture or flipping back through my pages to remember which character did who to what. But maybe that is what professors want to measure. If turnabout is fair play, then as a law student I should choose to measure professors’ expertise of, in significant part, based on how quickly they can learn everybody’s name in the class. Bonus points if they can spot students’ issues. william jones(Quote)
hades says:
Springfield hades(Quote)
sitzpinkler says:
I had a law school exam with a valuation question. Do I get a prize? sitzpinkler(Quote)
David Nieporent says:
There’s that spellcheck again. Tortious. David Nieporent(Quote)
law student says:
I would say still a trespasser since privilege is a defense. law student(Quote)
Dan Weber says:
Are we allowed to speculate whether or not Priam’s invitation was understood to include Hades’s dog? Dan Weber(Quote)
ChrisTS says:
markm:
Hmm. My mother was deaf, but/and she could sense a footfall anywhere in the house. If she had lived to hear anyone call her ‘differently abled,’ she would have decked the poor soul. :-) ChrisTS(Quote)
ChrisTS says:
EV:
Thanks. Could you tell me in which states it is still used? (I ask for purely intellectual purposes, of course.) ChrisTS(Quote)
Nunzio says:
I think Eugene’s catch-all is appropriate. Everyone’s assuming that the keep the wolf-dog in the cage law is meant to protect against vicious animals, but the purpose could be to prevent spread of certain bacteria that is harmless to the wolf-dog but harmful to local flora and fauna.
Also, if Priam’s party was meant to be held just inside he wouldn’t have a duty to warn Helen about the hole in his backyard. Also, you can’t discuss the product liability of the company without discussing any potential warning label the product may have had. Nunzio(Quote)
Eugene Volokh says:
ChrisTS: Sure, see here and here. Eugene Volokh(Quote)
Consi says:
Watcher needs more time in real life. Consi(Quote)
iawai says:
Ha! My 1L Torts Exam was about a supermarket parking lot, kids rolling around in semi-attended carts, distracted drivers, helpful strangers, and the owner knowing of the slope in the black-top, among other things.
Now back to studying for my last “Spartan” exam for the semester... (I got that Michigan State = Sparta, didn’t get the WNE::Homer reference) iawai(Quote)
Bill Ryan’s Other Blog » Tort Buffet says:
ChrisTS says:
Thanks, EV. ChrisTS(Quote)
Kenji Takahashi says:
Sounds like a couple people should say sorry, let the universal health care cover the costs, chalk it up to a mistake to learn from.
The lawyer that teaches the course is the only one who should be sued, for Public Nuisance, for encouraging this kind of tort foolishness. Kenji Takahashi(Quote)