Final Exam - Practice Products Liability and Con Law Questions (Fall 2016)

PRODUCTS LIABILITY AND CONSTITUTIONAL LAW PRACTICE QUESTIONS
FINAL EXAM 2016
1. A warranty that is based on the sellers knowledge of the purpose for which the
buyer requires the goods is:
A. An implied warranty of merchantability
B. An implied warranty of fitness for a particular purpose.
C. An express warranty
D. B and C.
E. None of the above is correct.
2. Smith a jilted lover who has never sold jewelry, runs a newspaper advertisement
describing a 18 carat diamond ring that he offers for sale. Jones reads the ad,
decides that he wants an 18-carat diamond ring, and buys the ring from Smith.
Later, Jones discovers that the ring is not an 18-carat diamond ring. Jones sues
Smith for breach of express warranty. Which of the following is most true?
A. Jones cannot recover, because an advertisement is never an express
warranty.
B. Jones cannot recover, because Smith was not a merchant of diamond
rings
C. Jones will recover, because there is an express warranty that it is an
18-carat ring.
D. Jones will recover, because the advertisement merely described the
rings without promising anything in particular.
E. None of the above.
3. Paul purchased a deluxe motor home from Wide Open Spaces Motor Homes. In a
product liability suit against Wide Open Spaces Motor Home Corporation, Paul
must show which of the following in order to recover?
A. That Wide Open Spaces was the manufacturer of the motor home, and not
just a dealer.
B. That the negligence of Wide Open Spaces led to Pauls injury.
C. That a defect made the motor home unreasonably dangerous, causing
the injury.
D. That Paul was not misusing the motor home when the injury occurred.
E. A and C.
4. Dangerous Products, Inc., is currently a defendant in several product liability

cases. Which of the following situations would provide the weakest defense for the
manufacturer?
A. The Plaintiff had received a recall notice addressing the defect that caused the
injury, but did not respond to the recall and continued to use the product.
B. The Plaintiff was misusing the product, an electric sander, to remove the outer
layer of his facial skin in order to improve his facial complexion.
C. The Plaintiff had taken one of the companys lawn mowers and modified it to be a
ceiling fan that the attached to his bedroom ceiling.
D. The Plaintiff was misusing an electric wood saw because the owners manual said
to use it to cut only along the grain of the wood and the Plaintiff was using it to cut
across the grain, causing the saw to kick up and injure the Plaintiff.
E. All of the above are strong defenses.
5. Sellers can be strictly liable for products that are defective in their
A.
design
B.
manufacture
C.
warning
D.
A and B
E.
A, B, and C
6.
The U.S. Constitution provides distinct powers to the Congress (make), the
president (execute), and the federal courts (interpret). This is the principle
of:
A.
B.
C.
D.
E.
separation of powers.
federal supremacy.
judicial review.
due process of law.
checks and balances.
7. Joe Farmer buys some watermelon seed from a seed manufacturers catalogue.
The catalogue describes the seed Joe buys as top quality. Joe strongly
relies upon this statement in making the purchase. The seed turns out to be
worthless, and Joe sues the manufacturer for breach of express warranty. You
are the attorney representing the manufacturer. Which of the following is
your best argument for escaping liability?
A.
B.
That a catalogue statement cannot create an express warranty.

That the basis-of-the-bargain requirement was not met.
C.
D.
E.
That the alleged warranty was merely sales talk (opinion).

That the manufacturer did not give a sample or a model of the seed.
All of the above are good arguments.
8. There are extensive federal regulations covering airplanes and pilots. Assume
that the state of Missouri passes a statute containing numerous
requirements, some conflicting with the federal rules that cover the licensing
of airplane pilots and the operation of the aircraft. A pilots constitutional
challenge to this statute would most likely succeed on the basis of:
A.
B.
C.
D.
E.
The Supremacy Clause (federal preemption doctrine).

The Equal Protection Clause.
Substantive Due Process.
The separation of powers doctrine.
None of the above.
9. The Bill of Rights is another name for:

A. The Articles of Confederation
B. The US Constitution
C. The document that explains the Constitution.
D. The first ten amendments to the Constitution.
10. Powers that are not delegated to the US Constitution:
A. Are held both by the states and the federal government.
B. Are reserved to the states.
C. Are reserved to the federal government.
D. Can by delegated by the US Supreme Court to either the states or the federal
government.
11. The test applied to laws that burden commercial speech:
A. the ends-means test
B. the rational basis test
C. the intermediate scrutiny test
D. the strict scrutiny test
E. none of the above.
12. The Commerce Clause gives the federal government the power to regulate
commerce:
A. Across state line only.
B. Substantially affects interstate commerce or is conducted with foreign nations or
Indian tribes.
C. The state have chosen not to regulate.
D. Involves at least one business domiciled in the US.

13. If there is an area of interstate commerce that he federal government has
chosen not to regulate, the states can:
A. Regulate without restriction in that area.
B. Regulate in that area so long as the state law does not unduly burden or
discriminate against interstate commerce.
C. Regulate in that area so long as it first gets the requisite approval from Congress.
D. Not regulate in that area because states cannot pass laws affecting interstate
commerce.
E. B and C.
14. In relation to freedom of speech:
A. All speech receives the same degree of Constitutional protection.
B. Some speech is not protected.
C. Commercial speech receive no protection due to its profit motive.
D. Most speech critical of the government can be restricted because such speech
can be destabilizing.
E. Offensive speech and obscene speech receive the same degree of protection.
ANSWERS
1. B
2. C
3. C
4. D
5. E
6. A
7. C
8. A
9. D
10. B
11. C
12. B
13. B
14. B

Final Exam - Practice Products Liability and Con Law Questions (Fall 2016)

Uploaded by

Copyright:

Available Formats

Final Exam - Practice Products Liability and Con Law Questions (Fall 2016)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Final Exam - Practice Products Liability and Con Law Questions (Fall 2016)

Uploaded by

Copyright:

Available Formats

PRODUCTS LIABILITY AND CONSTITUTIONAL LAW PRACTICE QUESTIONS

FINAL EXAM 2016

4. Dangerous Products, Inc., is currently a defendant in several product liability

That a catalogue statement cannot create an express warranty.

That the alleged warranty was merely sales talk (opinion).

The Supremacy Clause (federal preemption doctrine).

9. The Bill of Rights is another name for:

D. Involves at least one business domiciled in the US.

You might also like