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[Revenge] Tamra, a First Year Law Student, Slipped on a Freshly

Question 33

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[Revenge] Tamra, a first year law student, slipped on a freshly mopped floor while walking to class. She bumped into Anton, another first year law student, breaking his glasses. He was very angry with Tamra and slashed all of her car tires causing damages of $1,500. Anton also decided to sue Tamra for negligence claiming damages of $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Anton sued Tamra in state court. Tamra, in the same lawsuit, brought an action against Anton for slashing her tires. At the trial in state court, Tamra told the judge that a friend, Aimee, told Tamra that she saw Anton slash all of Tamra's tires. The judge disallowed Tamra's testimony on that issue. Aimee also came to court and testified about seeing Anton slashing all of Tamra's tires. The state court judge ruled in favor of Tamra awarding her $1,500 in damages. Anton said that he was not giving up and that he would seek double damages on appeal in federal court. Tamra and Anton live in different states when not attending school. After the trial, Tamra reported Anton's action of slashing her tires to the police, who said that they would proceed with a criminal action against Anton. Anton goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal.
-Anton asked Alex what his chances are regarding an appeal filed in federal court. What should Alex tell Anton?


A) He should tell Anton that a federal appeal looks promising but he would not be able to get double damages.
B) He should tell Anton that the federal appeal looks promising but he would have to prove Tamra was negligent.
C) He should tell Anton that the federal appeal looks good if the law school admits fault in leaving water on the floor.
D) He should tell Anton that the federal appeal is not allowed because there are not enough damages at issue.
E) He should tell Anton that a case from a state trial court would not be appealed to federal court.

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