Law Test 2 Review

Question 1

Jury Trial

Answer 1

Where the jury determines fact and the judge determines law

Question 2

What are the 3 types of defects?

Answer 2

Manufacturing Defect
Design Defect
Warning Defect

Question 3

Punitive Damages

Answer 3

Intended to stop the defendant from doing the same thing again

Question 4

Misrepresentation

Answer 4

Occurs when fraud is committed against the user of the product

Question 5

What 2 things does the trustee process entail?

Answer 5

Take out from defendants wages and salaries

Take out from defendants bank accounts

Question 6

Commerce Clause

Answer 6

Designed to give Congress power over interstate commerce

Question 7

Libel

Answer 7

Written

Question 8

In order what are the 5 things that happen in a trial?

Answer 8

Opening Statement 
Witnesses
Exhibits
Demonstrations
Closing Statements

Question 9

Quality Control

Answer 9

Making sure the quality of all products is the same and up to standard

Question 10

What are 2 examples of Strict Liability?

Answer 10

Airplanes

Storing Explosives

Question 11

In a trial which side goes first?

Answer 11

Plaintiff first

Defendant second

Question 12

Grand Jury is only used for what kind of cases?

Answer 12

Criminal cases

Question 13

What are the 2 types of compensatory damages?

Answer 13

Special

General

Question 14

Compensatory

Answer 14

Money awarded to plaintiff to compensate for damages

Question 15

Comparative Negligence

Answer 15

Plaintiff and defendant both have negligence

Question 16

What 2 things can happen when the defendant does not pay damages?

Answer 16

Writ of execution

Trustee Process

Question 17

What are the 2 different appeals that can be filed during the Post Trial phase?

Answer 17

Judges ruling

Judges Verdict

Question 18

How old does a president have to be?

Answer 18

35 years old or older

Question 19

Direct Examination

Answer 19

When only one side can question a witness

Question 20

What are 6 things a company can be liable for?

Answer 20

Design of Product
Materials used 
Production process
Assembly and testing
Not enough warnings
Final inspection and testing

Question 21

False Imprisonment

Answer 21

Confinement or restraint on another without justification

Question 22

How can the Dram Shop Acts be applied to a situation?

Answer 22

When a drunk driver gets into a car accident

Question 23

What are the 7 types of Intentional Torts?

Answer 23

Assault 
Battery
Infliction of Emotional Distress
Defamation 
False Imprisonment 
Invasion of Privacy
Fraud

Question 24

What are the 2 tests for Design Defect?

Answer 24

Risk Utility Test

Consumer Expectation Test

Question 25

What is the youngest age someone can be to be in the House of Representatives?

Answer 25

25 years old or older

Question 26

Good Samaritan Acts

Answer 26

Performing aid

Question 27

What 2 types of examinations are there when questioning a witness during a trial?

Answer 27

Direct Examination | Cross Examination

Question 28

Public Policy for Product Liability

Answer 28

Consumers should be safe from the product and there should be warning for entire public

Question 29

Bench Trials

Answer 29

Tried without a jury and judge determines fact and law

Question 30

Voir Dire

Answer 30

Jury selection process where 6 jurors are selected

Question 31

How old does a senator have to be?

Answer 31

30 years or older

Question 32

Amendment 4

Answer 32

Search and seizure

Question 33

What are the 2 parts of a Post Trial?

Answer 33

Motions | Appeals

Question 34

Causation

Answer 34

Something that causes the plaintiffs injuries

Question 35

What are the 2 different motions that can be filed during post trial?

Answer 35

New Trial | Mistrial

Question 36

What is an example of a warning defect?

Answer 36

Someone eating tide pods

Question 37

After the plaintiff and defendant give their sides of the case, what 3 things happens next?

Answer 37

Jury meets and discusses Comes up with a verdict Sometimes there is a post verdict

Question 38

What are the 6 types of Defenses?

Answer 38

``` Product Misuse Comparative Negligence Commonly Known Dangers Knowledgeable User Statutes of Limitation Statutes of Repose ```

Question 39

Battery

Answer 39

Completion of assault and physically hurting someone

Question 40

Amendment 10

Answer 40

Powers not delegated to United States by the constitution, are reserved to the states

Question 41

What is the term of a Senator?

Answer 41

6 years

Question 42

What are the 4 damages available in Tort actions?

Answer 42

Compensatory Special General Punitive

Question 43

Dram Shop Acts

Answer 43

Serving intoxicated customers

Question 44

Manufacturing Defect

Answer 44

A product is not made how it is suppose to be and this is why we have quality control

Question 45

What are the 2 types of trials?

Answer 45

Bench Trial | Jury Trial

Question 46

Warning Defect

Answer 46

Product is defective based on not good enough warnings

Question 47

Post Verdict

Answer 47

Comes up with an opposing verdict after one has already been decided

Question 48

Cross Examination

Answer 48

When both the plaintiff and defendants attorney can question the witness

Question 49

Proximate Cause

Answer 49

Connection between the act and the injury is strong enough to impose liability

Question 50

Amendment 14

Answer 50

Extends constitutional protections to the states and state governments

Question 51

To Compensate

Answer 51

To make up for

Question 52

Trial Jury is only used for what kind of cases?

Answer 52

Civil Cases

Question 53

Amendment 5

Answer 53

Right to trial, no double jeopardy, no self incrimination and due process

Question 54

What are the 2 types of jury?

Answer 54

Grand Jury | Trial Jury

Question 55

Amendment 8

Answer 55

No cruel and unusual punishment

Question 56

Exhibits

Answer 56

Objects and pictures

Question 57

What are the 2 types of defamation?

Answer 57

Slander | Libel

Question 58

What are the 4 Elements of Tort Law?

Answer 58

Duty Breach Injury Damages

Question 59

Contributory Negligence

Answer 59

Plaintiffs own actions caused the injuries

Question 60

Design Defect

Answer 60

A product is made unreasonably dangerous

Question 61

Assault

Answer 61

The threat to harm someone

Question 62

What is an example of a design defect?

Answer 62

The car with the engine in the trunk

Question 63

Amendment 6

Answer 63

Right to a speedy trial

Question 64

Duty of care

Answer 64

Reasonable person standard which is how a person should act

Question 65

Amendment 1

Answer 65

Freedom of speech, press, religion, assembly and petition

Question 66

Certiorari

Answer 66

Need to have at least 4 justices that want to hear your case in order for it to be heard in the Supreme Court

Question 67

What is an example of the Good Samaritan Act?

Answer 67

Car broken down on the side of the road and performing aid on it

Question 68

Defamation

Answer 68

Talking poorly about someone to ruin their good reputation

Question 69

How long is the term of someone in the House of Representatives?

Answer 69

2 year term

Question 70

Strict Liability

Answer 70

Absolute legal responsibility for an injury that can happen without proof of negligence

Question 71

Due Process

Answer 71

The right to fair treatment through the judicial system

Question 72

Slander

Answer 72

Oral or spoken