Final

Question 1

Public

Answer 1

This type of nuisance interferes with public’s enjoyment of legal rights common to the public

Question 2

Charitable immunity

Answer 2

This immunity is given to organizations who operate for charitable purposes

Question 3

faulty design; error in manufacture/assembly; improper maintenance; failure to warn

Answer 3

The 4 types of defects that might make a product unreasonably dangerous

Question 4

Reasonable person standard

Answer 4

The standard we use to determine if land use is too offensive

Question 5

Strict liability, negligence, warranty

Answer 5

The 3 possible causes of action when a plaintiff is harmed by product

Question 6

Misuse of product; assumption of the risk

Answer 6

The 2 defenses for strict liability

Question 7

Dominion and control

Answer 7

You own a wild animal if you exercise this over it

Question 8

Governmental; proprietary

Answer 8

The 2 categories of activities when deciding whether there is sovereign immunity

Question 9

Consumer contemplation test

Answer 9

This test of faulty design asks if a reasonable person should have anticipated the danger

Question 10

“Coming to the nuisance” (not for public)

Answer 10

The defense that says the plaintiff knew about the nuisance ahead of time

Question 11

Wrongful birth

Answer 11

In this type of suit, parents seek reimbursement for expense of raising a disabled child

Question 12

Legislators and judges

Answer 12

These 2 categories of public officers have immunity for torts committed in their official capacities

Question 13

Federal Torts Claims Act of 1946

Answer 13

The federal law that lets people sue the government for torts

Question 14

Narrative

Answer 14

With this type of question, the interviewer lets the witness talk freely

Question 15

Class action

Answer 15

The type of lawsuit that is brought on behalf of similarly situated plaintiffs

Question 16

7 (Compare negligence)

Answer 16

Children under this age are incapable of certain torts because they cannot have intent

Question 17

Wrongful life

Answer 17

This suit is filed on behalf of an impaired child born into a life of pain and suffering

Question 18

Vicious propensities

Answer 18

Owners are liable for injury from domestic animals who show this

Question 19

Injunction

Answer 19

This nuisance remedy is when the court orders someone to cease and desist doing something

Question 20

Abnormally dangerous activities (animals/ultrahazardous); Product liability

Answer 20

The 2 main subcategories of strict liability

Question 21

Express warranty; implied warranty of merchantability; implied warranty of fitness for a particular purpose

Answer 21

The 3 types of warranty breaches involving products liability

Question 22

Wrongful death

Answer 22

These statutes give the family member their own cause of action for the death of a family member

Question 23

Nuisance

Answer 23

An unreasonable or unlawful use of real property that injures or interferes with use of another’s property

Question 24

Common usage principal

Answer 24

The idea that activities not commonly done/used in everyday life cannot be ultrahazardous

Question 25

Workers compensation

Answer 25

Workers injured or killed on the job are covered by this type of statute