Midterm pt 2

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Midterm pt 2
2009-11-17 23:38:34
Midterm pt 2

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  1. the concept of federalism is that the states and the federal government share powers
  2. any powers not delegated to either the federal government or the states are shared by the federal and state governments
  3. physical contact is not necessary to be liable for the tort of assult
  4. good samaritan laws do not generally protect persons who are not medical progessionals and who have not had training in CPR
  5. the failure of the manufacturer of a product to warn users of the dangerous propensities of a product can be negligence
  6. a household appliance that works fine but that is designed without proper safeguards would be defective in terms of product liability law
  7. which of the following is not a main function of the US constitution
    to limit the governments ability to restrict individual rights
  8. If there is an area of interstate commerce that the federal government has chosen not to regulate the states can
    regulate in that area so long as the state law does not unduly burden interstate commerce
  9. which of the following is not one of the general categories of torts
  10. damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future are called
    punitive damages
  11. someone who is injured by a product that he/she purchased new could recover on the basis of
    breach of warranty, negligence, or strict liability
  12. if a manufacturer produces a defective product, sells it to a wholesaler, who sells it to a retailer, who sells it to a consumer, who is injured, which parties in the chain of distribution are potentially liable under strict liabiltiy
    the manufacturer wholesaler and retailer
  13. Federalism
    the US form of government in which the federal government and the 50 state governments share powers
  14. Judicial branch
    the part of the US government that interprets the law. It consists of the Supreme Court and other federal courts
  15. Legislative branch
    the part of the US government that makes federal laws. It is known as Congress the senate and the House of Reps.
  16. Negligence
    when someone engages in an act that can hurt others
  17. Punitive damages
    monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff
  18. chain of distribution
    all manufacturers distributors wholesalers, retailers, lessons, and subcomponent manufacturers involved in a transaction.
  19. production liability
    the liability of manufacturers, sellers, and others fro the injuries caused by defective products.
  20. contributory negligence
    a defense that says a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.