Substantive due process
Substantive due process requires that: a. a notice and hearing be given before one is deprived of life, liberty, or property b. a criminal defendant has an attorney present at all times c. res ipsa loquitur takes place d. a law is sufficiently clear that a reasonable person can understand it in order to comply with it e. a defendant not be tried twice for the same crime
35) Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers. In evaluating an equal protection challenge to this law, a court would use: a. strict scrutiny b. intermediate scrutiny c. limited scrutiny d. the rational basis test
36) Which of the following is true about intentional infliction of emotional distress? a. Recovery is allowed anytime there is a measurable amount of mental distress. b. There must be some physical contact with the plaintiff. c. The defendant’s conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. d. The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff’s life.
37) The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff’s injuries is: a. Was it foreseeable to the plaintiff that the defendant would engage in this conduct? b. Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? c. Should it have been foreseeable to the defendant that the defendant’s conduct could lead to this kind of injury? d. Was the injury foreseeable to the plaintiff prior to the injury’s occurrence? e. Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur?
38) What does a guest statute provide? a. that a driver who has voluntarily given a ride to a passenger without compensation is not liable to the passenger for ordinary negligence b. that someone serving alcohol to guests in the home is liable if the alcohol causes the guest to become intoxicated and injure another person while intoxicated c. that tavern owners are strictly liable for alcohol related injuries caused by tavern guests who were served alcohol at the tavern d. that homeowners cannot be sued by their social guests for injuries incurred while the guests were in the homeowner’s home with permission
39) Which of the following is true about the case against McDonald’s for serving very hot coffee? a. The plaintiff was burned while driving her car. b. McDonald’s coffee was found to be the same temperature as that served by its competitors. c. McDonald’s had turned down a pretrial offer of settlement which was much lower than the amount awarded by the jury. d. McDonald’s paid the amount to the plaintiff that the jury awarded.
40) Cindy was riding her bicycle on a paved bike path and had an accident with another cyclist. Cindy’s $1,000 bicycle was destroyed in the accident. If the jury determined that Cindy was 60 percent at fault and the other cyclist 40 percent at fault, under which doctrines would Cindy be entitled to recover $400 from the other cyclist? a. contributory negligence only b. pure comparative negligence only c. partial comparative negligence only d. either form of comparative negligence, but not contributory negligence e. either form of comparative negligence as well as under contributory negligence
41) A reporter appears on television and declares that the head coach of a professional sports team is “the worst coach in the history of sports.” The coach subsequently files a lawsuit against the reporter. A court would most likely determine which of the following? a. The reporter is liable for a claim of slander. b. The reporter is liable for a claim of libel. c. The reporter is not liable because truth is an absolute defense. d. The reporter is not liable because the statement is an expression of opinion.
42) Which of the following is true in a products liability case? a. The plaintiff must prove the existence of a duty. b. The plaintiff must have purchased the product from the defendant. c. The plaintiff must prove her case with a preponderance of the evidence. d. The plaintiff will lose if she cannot prove proximate causation.
43) 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 liability? a. only the manufacturer b. only the manufacturer and wholesaler c. the manufacturer, wholesaler, and retailer d. only the party at fault 11 Final Examination BAM 317 Business Law
44) Who can recover for their injuries under product liability law? a. someone who purchases a product new b. someone who uses a product with the owner’s permission c. a nonuser such as a bystander d. A and B only e. A, B, and C