Legal Studies Exam 2

Front 1

Separation of powers

Back 1

-Congressional power
-Executive power
-Judicial power

Front 2

Separation of powers
-Congressional powers

Back 2

i. Commerce clause: Gives Congress the power to regulate commerce with foreign nations and among states
1. International Commerce: federal government regulates it
2. Domestic commerce: Congress regulates between states and states regulate business within borders and states may regulate it

Front 3

Separation of powers
-Executive Power

Back 3

i. Appointment
1. President nominates most of the heads of administrative agencies

ii. Legislation
1. Can propose bills to Congress
2. Can veto bills

iii. Foreign policy
1. Coordinating international efforts, negotiating treaties, commander in chief (but can’t declare war→Senate)

Front 4

Separation of powers
- Judicial power

Back 4

i. Adjudication

ii. Judicial review
1. Based on Marbury v. Madison – the power of the federal courts to declare a statute or governmental action unconstitutional and void

-Judicial activism: a courts willingness to be involved in major issues

-Judicial restraint: A court’s attitude that it should leave lawmaking to legislators

Front 5

Protected Rights
-Incorporation

Back 5

a. Incorporation: rights are guaranteed to all levels of national, state and local government

Front 6

b. First amendment

Back 6

b. First amendment: Free Speech

i. Political Speech: Protected unless it is intended and likely to create imminent lawless action
ii. Time, place manner: government can regulate time, place and manner (ie demonstrations)
iii. Morality and obscenity
1. Avg person finds it indecent, 2. Offensive sexual conduct, 3. Lacks serious artistic, literary value
iv. Commercial speech: Communication, such as advertisements, that has dominant theme of proposing a business transaction--- they can put more restrictions on

Front 7

c. Fifth amendment

Back 7

c. Fifth amendment: Due Process and the Takings Clause
i. Procedural Due Process
ii. The Takings Clause
1. Eminent domain:
iii. Substantive Due Process:

Front 8

c. Fifth amendment
i. Procedural Due Process:

Back 8

i. Procedural Due Process: Before depriving anyone of liberty or property, the government must go through certain procedures to ensure that the result is fair
1. Attachment of property: a plaintiff in a civil lawsuit often seeks to attach the defendants property, barring the defendant from selling the property at least until the case is decided (so they have they asset). Court must grant defendant a hearing before attaching the property
2. Government employment: A government employee must receive due process before being fired, not necessarily formal
3. Academic suspension: A student has a property interest in their education; they must receive a due process before ‘property’ is taken.

Front 9

c. Fifth amendment
ii. The Takings Clause:

Back 9

ii. The Takings Clause: When the government takes property for public use, such as to build a new highway, it has to pay a fair price
1. Eminent domain: the power of the government to take private property for public use

Front 10

c. Fifth amendment
iii. Substantive Due Process:

Back 10

iii. Substantive Due Process: Some rights are so fundamental that the government may not take them from up
1. Lochner v. New York, Supreme Court invalidated a New York statue limiting the number of hours that bakers could work in a week. The court declared they had a Constitutional right to work as they wanted
2. Fundamental rights: so basic that any governmental interference with them is suspect and likely to be unconstitutional

Front 11

Fourteenth Amendment
-scrutiny

Back 11

3. Fourteenth Amendment:
a. Equal Protection Clause: Generally requires that government to treat people equally
i. Minimal Scrutiny: Economic and social relations – government actions that classify people or corporations on these bases are almost always upheld
ii. Intermediate Scrutiny: gender – government classifications are sometimes upheld
iii. Strict Scrutiny: Race, Ethnicity, and Fundamental Rights – Classifications based on any of these are almost never upheld

Front 12

Tort

Back 12

1. Tort: A violation of a duty imposed by the civil law. It is up to the plaintiff to file a lawsuit to seek compensation. Different from a contract dispute – no agreement

Front 13

1. Tort
-Intentional tort (kinds)
-privilege

Back 13

a. Intentional torts: harm caused by a deliberate action

i. Defamation: false statements that harm someone’s reputation
a. Libel: written defamation
b. Slander: oral defamation

ii. False Imprisonment: is the intentional restraint of another person without reasonable cause and without consent
iii. Intentional infliction of Emotional Distress: results from extreme and outrageous conduct that causes serious emotional harm
iv. Battery: is an intentional touching of another person in a way that is unwanted or offensive - no need of intention to hurt the plaintiff (throwing chair at ref, even if didn’t intend to hit him)
v. Assault: Occurs when a defendant does some act that makes a plaintiff fear an imminent battery (throwing a toaster even if doesn’t hit)
vi. Fraud: is injuring another person by deliberate deception


4. Privilege – additional protection from defamation cases when it is important for them to speak freely
a. Absolute privilege: a witness testifying in a court or legislature may never be sued for defamation
b. Qualified privilege: Exists between two people who have a legitimate need to exchange information

Front 14

Elements to prove intentional tort

Back 14

c. 4 elements to prove:
i. Defamatory Statement: likely to harm another person’s reputation
ii. Falseness: must be false
iii. Communicated: Must be communicated to at least one person other than the plaintiff
iv. Injury: in slander must show some injury (embarrassment, humiliation) but in libel law is willing to assume injury

Front 15

Tort Damages
-compensatory
-punitive

Back 15

i. Compensatory damage: money intended to restore a plaintiff to the position he was in before the injury
a. Medical expenses
b. Future medical costs
c. Lost wages
d. Pain and suffering
2. Single recovery principle: requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses
ii. Punitive Damages: Intended to punish the defendant for conduct that is extreme and outrageous – generally occur in case of intentional tort but sometimes appear in negligence suits

Front 16

Business Torts

Back 16

– intentional torts that occur in a commercial setting: interference with a contract, interference with a prospective advantage, and the rights to privacy and publicity

Front 17

Business Torts (kinds)
-interferences
-privacy and publicity

Back 17

i. Tortious interference with a contract: the defendant improperly induced a third party to breach a contract with the plaintiff
ii. Tortious interference with a prospective advantage: Malicious interference with a developing economic relationship (need to have a definite and reasonable expectation of obtaining an economic advantage) – the different from tortuous interference with a contract is that there doesn’t need to be a contract
iii. Privacy and publicity
1. Intrusion: a tort if a reasonable person would find the invasion of her private life offensive
2. Commercial exploitation: This right prohibits the use of someone’s likeness or voice for commercial purposes

Front 18

Negligence

Back 18

Injuries caused by neglect and oversight rather than by deliberate conduct

Front 19

Negligence elements

Back 19

1. Duty of Due Care: the defendant had a duty of due care to this plaintiff – if the defendant could have foreseen injury to a particular person, they have a duty
2. Breach: the defendant breached her duty of due care by failing to behave the way a reasonable person would under similar circumstances
3. Factual Cause: the defendant’s conduct actually caused the injury –
4. Foreseeable harm: it was foreseeable that conduct like the defendant’s might cause this type of harm
a. Superseding cause: when one of the ‘dominoes’ in the row is entirely unforeseeable
5. Injury: the plaintiff has actually been hurt

Front 20

Negligent hiring

Back 20

ii. Negligent hiring: hiring someone hiring violent/unsafe employees

Front 21

iii. Negligence Per se

Back 21

iii. Negligence Per se: when a legislature sets a minimum standard of care for a particular activity, and a violation of the statute injures someone. – obvious that it occurred and who’s fault. Don’t need to prove breach of duty.

Front 22

iv. Res ipsa loquitur

Back 22

(“the thing speaks for itself”) – facts imply that the defendant’s negligence caused the accident (air conditioning unit falls on someone’s head) – don’t need to prove factual cause or foreseeable type of harm
-crime would not have happened without negligence

Front 23

Defense to negligence

Back 23

1. Contributory Negligence: even if the defendant is negligent, if the plaintiff is slightly negligent himself, he recovers nothing – only in effect in a few states
2. Comparative negligence: a plaintiff may generally recover even if she is partially negligent – based on % but if plaintiff is more than 50% responsible, they don’t recover anything

Front 24

e. Strict Liability

Back 24

i. Ultra-hazardous activity: using harmful chemicals, operating explosives, keeping wild animals etc… where danger to the public is great. – a defendant engaging in an ultra hazardous activity is virtually always liable for any harm that results
ii. Defective product

Front 25

Prosecution's Case

Back 25

• Conduct Outlawed: The prosecution must demonstrate to the court that the defendant’s alleged conduct is indeed outlawed by a statute.
• Burden of Proof: The government must prove its case beyond a reasonable doubt.
• Actus Reus: “The guilty act” The prosecution must prove that the defendant voluntarily committed the guilty act.
• Mens Rea: The prosecution must show mens rea “a guilty state of mind” on the defendant’s part. There are four mental states that a prosecutor may be required to prove, depending on the crime:
o General Intent: Most crimes require a showing of general intent, meaning that the defendant intended to do the prohibited physical action (the actus reus). Can be proven through circumstantial evidence, (ex.) a witness will describe how Aaron picked up his 7-Iron and what he did to the midget. Jury concludes Aaron intended physical contact since there would be no other reason for his action.
o Specific Intent: Some crimes require the prosecution to prove the defendant willfully intended to do something beyond the physical act. (ex.) Burglary requires proof that Gavri entered the orphanage at night and intended to commit a felony inside, such as stealing Percoset from terminally ill children with no parents.
o Reckless or Negligent Conduct: For a few crimes, the prosecution is concerned more with the defendant’s irresponsible conduct than with what the defendant was thinking.
• Criminal Recklessness: Consciously disregarding a substantial risk of injury. (ex.) Gavri pulls a gun in the LBC and jokingly points it at Chris Hague.
• Criminal Negligence: gross deviations from reasonable conduct. (ex.) Hunter shoots at anything that moves, doesn’t bother to determine what he is shooting at.

Front 26

Punishment

Back 26

i. Guilty: A court’s finding that a defendant has committed a crime
ii. Restitution: the defendant must reimburse the victim for harm suffered
iii. If the jury does not think the defendant is guilty, they will acquit him, or find him not guilty

Front 27

Felony/Misdemeanor

Back 27

d. Felony: A serious crime, for which a defendant can be sentenced to one year or more in prison
e. Misdemeanor: A less serious crime, often punishable by less than a year in a county jail

Front 28

Why punish?

Back 28

f. Why punish?
i. Restraint- cage to protect from society
ii. Deterrence
1. Specific deterrence: is intended to teach this defendant that crime carries a heavy price tag
2. General deterrence : the goal of demonstrating to society generally that crime must be shunned
iii. Retribution: giving back to the criminal precisely what he deserves
iv. Rehabilitation: provide training so they may return to normal life

Front 29

Defendant

Back 29

• Insanity: A defendant who can prove he was insane at the time of the criminal act will not be declared guilty. Most common test of insanity is the M’Naghten Rule.
o M’Naghten Rule: Defendant must show..
• That he suffered a serious, identifiable mental disease and because of it..
• He did not understand the nature of his act or did not know that it was wrong.
• Entrapment: When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime. Was the defendant innocent before the government tempted him or was he rearing to go?
• Self Defense? Not in the book but in study guide

Front 30

White collar crime: Crimes that harm business
-kinds

Back 30

Larceny:
Fraud
Arson:
Embezzlement:
Computer Crime:
Identity Theft

Front 31

White collar crime: Crimes that harm business
-Larceny

Back 31

Larceny: Trespassory taking of personal property with the intent to steal it.

Front 32

White collar crime: Crimes that harm business
-Fraud

Back 32

Fraud: The deception of another person for the purpose of obtaining money or property from him.
• Wire/Mail Fraud: involving the use of interstate mail, telegram, phone, radio, or television to obtain property by deceit. Federal crime
• Insurance Fraud: Deceiving insurance companies to obtain payments they do not deserve.
• Medicare Fraud: Use of false statements, bribes, or kickbacks to obtain Medicare payments from the state or federal government.
• Bank Fraud: Use deceit to obtain money, assets, securities, or other property under the control of any financial institution. Federal crime

Front 33

White collar crime: Crimes that harm business
-Arson

Back 33

Arson: The malicious use of fire or explosives to damage or destroy any real estate or personal property. Federal and state crime.

Front 34

White collar crime: Crimes that harm business
-Embezzlement

Back 34

Embezzlement: Fraudulent conversion of property already in the defendant’s possession.

Front 35

crimes that harm business
-Computer Crime:

Back 35

Computer Crime:
• Computer Fraud and Abuse act prohibits using a computer to commit theft, espionage, trespass, fraud, and to damage another computer.
• Access Device Fraud Act outlaws the fraudulent use of cards, codes, account numbers, and other devices to obtain money, goods, or services. (ex) reprogramming a cell phone so calls are charged to another account.
• Identity Theft and Assumption Deterrance Act bars the use of false identification to commit ffaud or other crime.
• Wire and Electronic Communications Interception Act makes it a crime to intercept most wire, oral, and electronic communications.

Front 36

CRIMES COMMITTED BY BUSINESS

Back 36

-A corporation can be found guilty of a crime based on the on the conduct of any of its agents, who include anyone undertaking work on behalf of the corporation. Agents can be a corporate officer, an accountant hired to audit a statement, a sales clerk, or almost any other person performing a job at the company’s request.

Front 37

Punishing a corporation

Back 37

• Fines: are the most common punishment for a corporation.
• Compliance Programs: The Federal Sentencing Guidelines are the detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court. The guidelines instruct judges to determine whether, at the time of the crime, the corporation had in place a serious compliance program - a plan to prevent and detect criminal conduct at all levels of the company.
o Compliance program = less fines and less problems.

Front 38

Company must demonstrate to judges and prosecutors that with an effective compliance plan…

Back 38

• Program must be capable of reducing the prospect of crime.
• High level officers must be responsible for overseeing the program.
• Company must not place in charge officers that it knows, or should have known from past experience, that are likely to engage in criminal conduct.
• Company must communicate program to all employees and agents.
• Company must ensure compliance by monitoring employees in a position to cheat and promptly discipline anyone who breaks the law.

Front 39

e. Occupational Safety and Health Act of 1970

Back 39

sets safety standards for many industries

Front 40

RICO

Back 40

the Racketeer Influenced and Corrupt Organizations Act. Prevents gangsters from taking money they earned illegally and investing it in legitimate businesses.

Front 41

RICO
-Creates criminal law liabilities

Back 41

1. The government may prosecute both individuals and organizations for violating RICO. Can prosecute a mobster for running a heroin ring for years. Can also prosecute an accounting form for lying about corporate assets to make stock shares more valuable than they actually are. Defendant can be hit with huge fines and a prison sentence of 20 years.
ii. Also permits the government to seek forfeiture of the defendant’s property, ex. Convicted defendant must hand over any property or money used in the criminal acts or derived from them.

Front 42

RICO
-Creates civil law liabilities.

Back 42

1. The government, organizations, and individuals all have the right to file civil lawsuits, seeking damages and injunctions. (ex.) shareholders claiming that they were harmed by the accounting firm’s lies could sue the firm for money lost in buying and selling the stock. RICO allows a civil plaintiff to recover treble damages, a judgment for three times the harm actually suffered, and can recover attorney’s fees.

Front 43

-Racketeering

Back 43

iv. RICO prohibits using two or more racketeering acts to accomplish any of these goals…
1. Investing in or acquiring legitimate business with criminal money;
2. Maintaining or acquiring business through criminal activity;
3. Operating businesses through criminal activity.
v. This means….
1. The prosecutor must show that the defendant committed two or more racketeering acts, (embezzlement, arson, mail fraud, wire fraud, and so forth)
2. The prosecutor must show that the defendant used these racketeering acts to accomplish one of the three purposes listed above. (ex.) gangster committed two arsons and then used insurance payments to buy a dry cleaning business, stockbroker used commissions from fraudulent advice to buy advertising for her firm.

Front 44

g. Money Laundering

Back 44

g. Money Laundering: consists of taking the proceeds of certain criminal acts and either…
i. Using the money to promote crime,
ii. Or attempting to conceal the source of the money.

Front 45

1. The Criminal Process. how police do their work

Back 45

a. Informant
i. Secretary telephones FBI and tells them of her boss’s fraudulent behavior. They meet, agent records everything, secretary signs an affidavit (written statement signed under oath).
b. Warrant
i. Agent takes affidavit to a magistrate and asks for a search warrant of records. Warrant must specify with reasonable certainty the place to be searched and the items to be seized.
c. Probable cause
i. Probable cause means that based on the information presented it is likely that evidence of crime will be found in the place to be searched.
d. Search and Seizure
i. Search may not exceed what is described in the warrant. May only take records described in the warrant. After taking records back, discovers that 10% of bills are for fictional patients. Prepares new affidavit, magistrate issues arrest warrants.
e. Arrest
i. Arrests Stacey, brings her to FBI headquarters. She is booked; name, photo, fingerprints entered into a log with charges. She is entitled to a prompt bail hearing. Sets amount of bail she must pay in order to go free pending the trail.
f. Indictment
i. Evidence is presented to a grand jury, must decide whether there is probable cause that this defendant committed the crime with which she is charged. Stacey is indicted, which is the formal charge that the defendant has committed a crime and must stand trial.
g. Arraignment
i. Charges are read, judge asks if Stacey has a lawyer. If she does not, court will appoint one for her free of charge. Judge asks if she pleads guilty or not guilty, she pleads not.
h. Discovery
i. Less formal discovery than in civil trials. Prosecution is obligated to hand over any evidence favorable to the defense that the attorney requests. Defense has a limited obligation to inform the prosecution.
i. Motion to Suppress
i. A request that the court exclude certain evidence because it was obtained in violation of the constitution.
j. Plea Bargaining
i. An agreement between prosecution and defense that the defendant will plead guilty to a reduced charge, and the prosecution will recommend to the judge a relatively lenient sentence.
k. Trial and Appeal
i. Same mechanics as chapter three on dispute resolution.

Front 46

2. The Fourth Amendment
-search without a warrant

Back 46

a. Prohibits the government from making illegal searches and seizures. Six ways to search without a warrant…
i. Plain view- Po9 may search Gavri’s ‘sclade if they see a RPG sticking out from under the seat of the parked car.
ii. Stop and Frisk- If po9 have an articulable reason that someone may be armed and dangerous, they may pat him down.
iii. Emergencies- If po9 pursue a store robber and catch him, they may search.
iv. Automobiles- If po9 have lawfully stopped Gav’s ‘sclade and see a bloody crowbar in the backseat, they may search.
v. Lawful Arrest- po9 may always search a subject they have arrested.
vi. Consent- If someone in lawful occupancy of a home gives consent to a search, they may do so.

Front 47

The Fourth Amendment
- Search with a warrant violates the Fourth amendment if..

Back 47

i. There was no probable cause to issue the warrant
ii. The warrant does not specify the place to be searched and the things sought; or
iii. The search extends beyond what is specified in the warrant.

Front 48

The Fourth Amendment
-Exclusionary Rule

1. Inevitable Discovery Exception
2. Good Faith Exception

Back 48

under the exclusionary rule, evidence obtained illegally may not be used at trail against the victim of the search.
i. If an FBI agent got records illegally, lawyer files a motion to suppress the evidence. Holds a hearing, and if he agrees, he would exclude the evidence and the government could go forward with the prosecution only if it had other evidence.
ii. Two exceptions to the rule:
1. Inevitable Discovery Exception: FBI search declared illegal, but Medicare officials testify that they were already aware of the fraud, and already obtained some proof, and were about to seek a search warrant for the same records that the agent took. If court believes the testimony, it will allow the evidence to be used.
2. Good Faith Exception: Suppose the po9 use a search warrant believing it to be proper but later proves to have been defective. Still legal. As long as police reasonably believed the warrant was valid, the search is legal.

Front 49

3. The Fifth Amendment

Back 49

4. Includes three important protections for criminal defendants: due process, double jeopardy, and self-incrimination.
a. Due Process:
i. Requires fundamental fairness at all stages of the case. (ex.) prosecution must disclose all evidence favorable to the defendant. (ex) If a witness says a tall chris-brown looking chadbrochill stole the salvation army donations, it would violate due process for police to place gavri in a suspect lineup with four African pygmys and two rabbits.
b. Double Jeopardy:
i. Means that a criminal defendant may be prosecuted only once for a particular criminal offense. Purpose is to guarantee that the government may not destroy the lives of innocent citizens with repetitive prosecutions.
c. Self-incrimination:
i. Bars the government from forcing any person to testify against himself. Police may not use mental or physical coercion to force a confession out of someone.

Front 50

Fifth Amendment??
Miranda

Back 50

o Confessions obtained from a custodial interrogation may not be used against a defendant unless he was first warned of his Fifth amendment rights.
• Right to remain silent,
• Anything said can and will be used against at trial
• Right to call a lawyer
• If he cannot afford a lawyer, court will appoint for him.
o If the police fail to give these warnings before interrogating a defendant, the exclusionary rule prohibits the prosecution from using any confession.

Front 51

The Sixth Amendment

Back 51

Guarantees the right to a lawyer at all important stages of the criminal process.

Front 52

The Eighth Amendment

Back 52

The Eighth Amendment
Prohibits cruel and unusual punishment.
KENNEDY V LOUISIANA
• P. Kennedy raped his eight year old stepdaughter horribly, also raped another eight year old. Injuries were the most severe he’d ever seen from sexual assault. Death penalty given, but he appealed and said eight amendment is cruel and unusual, didn’t kill him.

Front 53

Product Liability

Back 53

Refers to goods that have caused an injury

Front 54

Warranty

Back 54

is a contractual assurance that goods will meet certain standards

Front 55

Warranty
-Express Warranty

Back 55

1. Express Warranty: one that the seller creates with his words or actions

Front 56

-Warranty
Disclaimer

Back 56

Disclaimer: A statement that a particular warranty does not apply – can disclaim a warranty if include “as is” or “sold with all faults”

Front 57

-Warranty
Implied Warranty

Back 57

Implied Warranty: are those created by the Code itself, not by any act or statement of the seller

Front 58

-Warranty
Merchantable

Back 58

Merchantable: Means that the goods are fit for ordinary purposes for which they are used

Front 59

-Warranty
Implied warranty of Fitness for a Particular Purpose

Back 59

is implied when a buyer relies upon the seller to select the goods to fit a specific request

Front 60

Negligence
1. Negligent Design

Back 60

1. Negligent Design: the buyer claims the product injured her because the manufacturer designed it poorly – free of unreasonable risks

Front 61

Negligence
2. Negligent Manufacture

Back 61

2. Negligent Manufacture: buyer claims the design was adequate but that failure to inspect or some other sloppy conduct caused a dangerous product to leave the plant

Front 62

Negligence
3. Failure to Warn

Back 62

3. Failure to Warn: A manufacturer is liable for failing to warn the purchaser or users about the dangers of normal use and foreseeable misuse

Front 63

Strict Liability

Back 63

The injured person need not prove that the defendant’s conduct was unreasonable, unlike in a negligence case where the buyer must demonstrate that the seller’s conduct was unreasonable. They must show only that the defendant manufactured or sold a product that was defective and caused harm

Front 64

Defective Product
-Manufacturing Defect

Back 64

Manufacturing Defect: a flaw in the product that occurs during production, such as failure to meet the design specs

Front 65

Defective Product
-Design Defect

Back 65

Design Defect – inadequate design or poor material choice makes product dangerous, even if made correctly.

Front 66

Defective Product
-Inadequate warnings/label/instructions

• Causation requirement
• Bilingual warnings

Back 66

Inadequate warnings/label/instructions – does not carry adequate warnings of the risks involved in the normal use of the product
• Causation requirement – must show that the defendant breached a duty to warn AND that failure was the cause of the injuries
• Bilingual warnings – in states with a large non-english population, manufacturer may be liable for not printing warning in non-english.

Front 67

Defective Product
-Market Share Liability

Back 67

*Market Share Liability – If multiple manufacturers produce identical products, the court may allocate liability on the basis of each defendants share of the market.

Front 68

Defenses
-Assumption of Risk

Back 68

Assumption of Risk – when a person voluntarily assumes the risk of a known danger, manufacturer is not liable for resulting injury.

Front 69

Defenses
-Comparative Fault

Back 69

Comparative Fault – damages are reduced by the degree to which paintiffs negligence contributed to the injury

Front 70

Defenses
-Obvious Risk

Back 70

Obvious Risk – generally manufacturers are not liable for injuries if a product carries obvious risk.

Front 71

Defenses
-Unforeseeable Misuse of the Product

Back 71

Unforeseeable Misuse of the Product – not liable for injuries resulting from abnormal use of a product

Front 72

Defenses
-Government-Contractor Defense

Back 72

Government-Contractor Defense – manufacturer can avoid product liability if the product was manufactured according to gov speculations

Front 73

Defenses
-State of the Art

Back 73

State of the Art – manufacturer might be shielded is courts recognize there’s no possible safer design. Might still be liable for a defective product.

Front 74

Defenses
-Preemption Defense

Back 74

Preemption Defense – preclude state product liability law when manufacturer complied with federal laws. Defense depends on the language and context of the federal statute at issue.

Front 75

Liability Limitations
-Statute of Limitations

Back 75

Statute of Limitations – the date of injury is uncertain (ex: asbestos), the statute does not begin to run until the person discovers their injury.

Front 76

Liability Limitations
-Revival Statute

Back 76

Revival Statute – permit plaintiffs to file lawsuits that had been barred previously by a statute of limitations (ex: silicon implants)

Front 77

Liability Limitations
-Statutes of repose

Back 77

Statues of repose – cuts off the right to assert a cause of action after a specified period of time from the deliver of the product or completion of work.