Ch 7 - Strict Liability and Product Liability

Question 1

strict liability

Answer 1

liability without fault, * who engages in certain activities can be held responsible f/ any harm that results to others regardless of utmost care

Question 2

strict liability applies to

Answer 2

abnormally dangerous activities, wild animals, product liability

Question 3

product liability basis

Answer 3

manufacturer can better bear the cost of injury b/c it can spread cost throughout society by increasing prices of goods, many is profitting from activites .’. Bear cost o injury as operating exp

Question 4

bailment

Answer 4

goods - transferred temp into care o another

Question 5

manu* must exercise due care in (5)

Answer 5

designing the product, selecting materials, using appropriate prod. Process, assembling and testing the product, plaing adequate warnings onlabel to inform of dangers that ordinary * may X be aware, inspecting + testing any purchased components in prod

Question 6

privity of contract

Answer 6

rela that exists btwn parties to a contract

Question 7

strict product liability assumptions (3)

Answer 7

consumers should be protected v unsafe products, manufactureres + distrubitors should X escape lia f faulty products b/c X in privity o contract w ultimate user o those products, manu and distri* can better bear costs associated w injuries caused b/c can pass costs on

Question 8

rq for strict product liability

Answer 8

Product defective condition when defendant sells it, goods must X have been substantially /\ fr time product sold to t o injury
def* must normally be engaged in business o selling that product
product must be unreasonably dangerous to user/consumer b/c of its defective condition – PRODUCT DANGEROUS BEYOND EXPECTATION Oridnary consumer
less dangerous alternative - economically feasible for manu. But manu failed to produce
plaintiff must incur physical harm to self/prop by use o product
defective condition must be the proximate cuase of inj/dam

Question 9

3 types of product defects

Answer 9

manufacturing, design, inadequate warnings

Question 10

design defects must prove, considered factors, consumer expection test

Answer 10

reasonable alternative design - available, by X adopting alternative, product - X reasonably safe
magnitude and p(foreseeable risks), relative advan + disadvan o prod.design + as it could have been designed
unreasonably dangerous when fails to perform in manner reasonably expected by ord consumer

Question 11

warning defect def, considerations (4)

Answer 11

defective id foreseeable risks o harm could have been reduced/avoided by reasonale instructions/warnings by seller/distribtor, genrally also warn against misuse of product
court considers risks of pdct, content + comprehen, intensity o expression, and expected chara. O expected user groups

Question 12

defenses to product liability (7)

Answer 12

preemption - fed reg
assumption of risk
product misuse
comparative negligence
commonly known dangers
knowledgeable user
statutes of limitation and repose

Question 13

criminal sanctions v tort reasoning

Answer 13

normally harsher for crim b/c tort is obtain compensation, crim is punish wrongdoer

Question 14

felony

Answer 14

serious crimes punishable by death or by imprisonment for more than one year

Question 15

types of murder

Answer 15

first degree - premeditated + deliberate
second degree - no premeditation
voluntary manslaughter - intent to kill wo malice aforethought
involuntary manslaughter

Question 16

malice aforethought (4)

Answer 16

Intent to kill, intent to do serious bodily harm, commision of a felony, depraved heart (act with extreme carelessness, indifference

Question 17

felony murder

Answer 17

any death that occurs during commision of a dangerous felony is a first degree murder, and all participants in that felony or attemtped felony can be chargged with and ofund guilty of murder

Question 18

misdemeanor

Answer 18

punishable by a fine or by confinement for up to a year

Question 19

actus reus

Answer 19

criminal act

Question 20

mens rea

Answer 20

state of mind

Question 21

liability of corp, copr officers

Answer 21

if could have prevented act/ supervisor authorizized, can be held liable for action o subordinates

Question 22

robbery rq

Answer 22

force and intimidation, X breaking and E

Question 23

burglary

Answer 23

Band E w intent to commit felony

Question 24

larceny

Answer 24

unlawful taking and carrying away of someone elses property with intent to perma deprive owner of possession, X fear, no breaking and entering

Question 25

(crime) receiving stolen goods

Answer 25

X need to know the true identity of owner or thief, + need X have paid for the goods

Question 26

public order crime

Answer 26

Outlawed activites considered contrary to public values and morals; “avoid crimes”
Ex. Public drunkenness, prostitution, gambling, illegal drug use

Question 27

embezzlement

Answer 27

person is entrusted with another’s property but fraudulently appropriates it, does not matter if intends to return embezzled property or returns it

Question 28

mail and wire fraud

Answer 28

cannot devise scheme that uses US mail, commercial carriers, or wire to defraud public, very harsh punishments

Question 29

foreign corrupt practice act

Answer 29

no US business* can bribe foreign officials to secure beneficial contracts, does not mean minor officials whose duties are ministerial

Question 30

Racketeering

Answer 30

act of acquiring a business through illegal activity, operating a business with illegally-derived income, or using a business to commit illegal acts

Question 31

defenses to criminal liability

Answer 31

justifiable use o force
necessity - to prevent further harm
mistake of fact
duress
insanity
entrapment - police and gov agents
statute of limitation
immunity
infancy

Question 32

5th A

Answer 32

no one be deprived of “life, liberty, or property wo due process of law”; prohibition v double jeopardy (trying someone twice for the same criminal offense); no person be req to be witness v themselves
You can be tried one state and one federal, dual sovereignty doctrine

Question 33

6th A

Answer 33

speedy trial, trial by jury, public trial, right to confront witnesses, right to lawyer at various stages in some proceedings

Question 34

to get search warrant, rq:

Answer 34

probable cause - reasonable grounds to believe search will reveal specific illegality, need trustworthy evidence that would convince reasonable person thaat it is justified

Question 35

exclusionary rule

Answer 35

any evidence obtained in violation of constitutional rights - generally X admissable at trial

Question 36

criminal process

Answer 36

arrest, booking, initial appearance, grand jury, arraginment, trial, sentencing

Question 37

advance fee

Answer 37

consumers order and pay for items that - never delivered

Question 38

online auction fraud

Answer 38

person lists expensive item for auction on either a legit or fake auction site then refuses to send product or worth less