questions and answers 56

1.

Identify the elements of negligence in the movie “A Civil Action”. Make sure you identify how these elements were demonstrated specifically in the movie. Do not retell me all the facts of the movie– only what you need to convey to answer the question.

2. Sara runs a toy store and carries merchandise both domestic as well as foreign manufacturers. As the holiday season approached, she found that she could reduce her costs by importing a stuffed toy from a developing country. One of the toys was responsible for an injury to a child and the parents brought a product liability suit against Sara. She claimed that she was unaware of the defects of the toy because she did not manufacture it but only sold it. Answer the following subparts:

·Do the parents of the injured child have the right to sue Sara instead of the manufacture?

·Can the retailer be held liable for defective products- explain?

·Is there anyone else the parents could sue for this injury? Who?

3. Is the U.S. Constitutional protection of freedom of speech in the First Amendment absolute? Name at least 3 types of speech that are prohibited under the law.

4. Define the tort of negligence. Identify the two kinds of types of negligence that might impact the recovery one might get in a negligence case and describe this impact on the recovery. (Note some states call these types of negligence legal defenses that a party who is charged with negligence can assert in a negligence action)

5. Explain what is a tort (define it or describe it) and identify an example of a common tort. What is strict liability? What is vicarious liability? Give an example of each.

6. Is the U.S. Constitutional protection of freedom of speech in the First Amendment absolute? Name at least 3 types of speech that are prohibited under the law.

7. Identify the kinds of business that can be charged with product liability.

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