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Bob has fallen on hard times, and decides to take drastic measures to acquire some money. Accordingly, he calls Jack, an acquaintance from work whom he hates, and says, in a disguised voice, “I have your daughter with me and will kill her unless you deliver $100,000 in cash to [a designated address] in one hour.” Unbeknownst to Bob, Jack’s daughter is sitting in Jack’s office visiting him at work. Jack knows his daughter is safe, and is not the least bit worried about the threat that he has just received. Jack will be successful if he sues Bob for intentional infliction of emotional distress.

The party filing a motion for judgment notwithstanding the verdict (JNOV) wants the court to:

In order to successfully sue a current or former employee for misappropriation for a trade secret, an employer is required to prove that its employees signed a non-disclosure agreement and breached that agreement.

In the case of a conflict between them, which of the following will defeat a state administrative regulation?

Felicity is a doctor in private practice.  She hires Miguel, a CPA, to handle her accounting and tax needs.  Felicity soon becomes dissatisfied with the quality of Miguel’s work and sues him for negligence.  Miguel can successfully defend himself against the lawsuit by proving that he:

Ned and Zed meet at a professional event, and laugh because their names rhyme. Soon, however, they get into a heated argument over whose name is better. Ned hits Zed on the shoulder hard enough that he expects it will inflict an injury. Unfortunately, Ned is not aware that Zed has a rare medical condition that causes autoimmune catastrophe any time he is hit on the shoulder. Zed sues Ned for negligence, pursuing compensation for the full extent of his injuries. Which of the following best represents the likely result?

To prevail in a negligence action, a plaintiff must prove either actual cause or proximate cause, but not both.

Canadian tennis player Eugenie Bouchard slipped on a wet locker room floor at the 2015 U.S. Open and hit her head, suffering a serious head injury that she claimed had a major negative impact on her tennis career in subsequent years. The U.S. Open is owned and organized by the United States Tennis Association (“USTA”) and conducted in New York City. In 2018 a jury in New York determined that the USTA was 75% responsible for Bouchard’s injury and she was 25% responsible. Which of the following is true?

If a state and a federal court have concurrent jurisdiction to hear a case, federal court will always prevail and be the one to hear it.

Mrs. Stodge is a grouchy old lady. She is constantly irritated because Zoey Clementine, the three-year old who lives next door, is always running through her garden and picking her flowers. Mrs. Stodge has had enough of Zoey Clementine’s antics and decides, once and for all, to teach her a lesson she will not soon forget. She calls her lawyer (whom she has on speed-dial) for advice about her rights. Which of the following most accurately represents what she can legally do?