The Regent Resort and Hotel is located on a rural piece of property outside of the town of Bugtussle, about 25 miles from the county seat of Sibley. The property contains a small natural lake which is not maintained by the hotel and is not listed in any of their literature as a feature of the property. The hotel has posted “No Trespassing” signs on that area of the property. Beavis and Clement, local residents, often see each other at the lake when they go fishing for freshwater trout. They are very protective of the lake. One day Marcus, a hotel guest, discovered the lake while hiking. Beavis, not appreciating Marcus’ intrusion, threw a rock at Marcus while screaming “Get outta here, you’re trespassing!” Marcus ducked and the rock whizzed past his head and hit Clement who was fishing only a few feet away. The rock hit Clement in the head causing a skull fracture and a slight permanent paralysis in his left arm. Clement sues. What would be his best argument for recovery?
Group of answer choices
Sue Marcus for negligence. The rock was intended for him and if he had not moved it would not have injured an innocent bystander.
Sue Beavis for negligence per se. Beavis’ trespassing led directly to his being at the lake and in a position to injure Clement.
Sue Beavis for the intentional tort of battery.
Sue the hotel because security should have been posted at the lake to make sure that things did not get out of hand when people showed up to go fishing.
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Question 1
Marcus, who lives in New Hampshire and was once attacked by a group of thugs on his way home, decides to sue Beavis for negligent infliction of emotional distress. Ever since the incident, he has suffered from flashbacks to the incident involving the thugs and consequently sleepless nights, anxiety attacks, and severe bouts of nausea. Marcus is so traumatized that he does not want to return to California to file the lawsuit. Which of the following would be the most accurate?
Group of answer choices
Due to Marcus’ trauma, he has a legally justifiable reason to sue from New Hampshire.
Since Marcus is a resident of New Hampshire, he should have no problem suing there.
Due to the fact that Beavis caused the injury, he can be sued anywhere.
Based on the facts presented, Marcus will probably have to sue in California.
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Question 2
The Regent has a strict policy that its employees not discuss pending litigation against the hotel with anyone who is not an employee of the hotel. Inga, a desk clerk, has been heard on multiple occasions discussing the aforementioned lawsuit with guests checking in. A supervisor terminates Inga. She sues the hotel. Which of the following is most accurate?
Group of answer choices
Inga has a good case against the hotel for violation of her 1st Amendment right to free speech.
The first amendment does not apply to the hotel if it has less than 100 employees but it would apply if it has more than 100 employees.
Inga has a good case if she can show that the hotel exercises commercial speech.
Inga does not have a good case under any of the above.
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Question 3
When Inga finds out that she is to be terminated at 3:00pm, she runs back to her cash drawer at 2:30pm and takes $700 that she suspects that she’ll need to live on because the hotel does not give severance pay when it terminates. The hotel would most likely be successful in a prosecution for which of the following?
a. Group of answer choices
b. Roberry
c. Fraud
d. Embezzlement
e. Larceny
