Question 1

According to Stephen Sugarman, performance-based regulation happens when:

Accepted Answer

A)  the government sets targets for how much harm is allowed for each product produced and the company is fined or penalized for any harm beyond the acceptable level. 
B)  the government creates a reporting structure for consumers to report corporation performance related to safety or environmental issues and then the government imposes fines by a specific formula for companies who exceed a certain number of negative reports. 
C)  consumer advocacy groups work with the independent agencies to determine which corporations are implementing best practices for consumer safety and then create regulations to impose those practices on other companies. 
D)  the government analyzes which companies make the most profit, indicating consumer approval of their performance on safety standards and then implement those companies' practices as legal standards. 
A)  the government sets targets for how much harm is allowed for each product produced and the company is fined or penalized for any harm beyond the acceptable level. 
B)  the government creates a reporting structure for consumers to report corporation performance related to safety or environmental issues and then the government imposes fines by a specific formula for companies who exceed a certain number of negative reports. 
C)  consumer advocacy groups work with the independent agencies to determine which corporations are implementing best practices for consumer safety and then create regulations to impose those practices on other companies. 
D)  the government analyzes which companies make the most profit, indicating consumer approval of their performance on safety standards and then implement those companies' practices as legal standards. A

Question 2

What are punitive damages?

Accepted Answer

Punitive damages are damages above compensatory damages that are intended to punish the defendant.

Question 3

In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.

Accepted Answer

A) True 
 B)False  TRUE

Question 4

Explain how injured parties can recover damages under the UCC.

Accepted Answer

Since the UCC rests on a fundamental bel

Question 5

Absent provisions in the contract, which of the following types of damage can be awarded to an injured party under a breach of contract?

Accepted Answer

A)  General damages only 
B)  General and incidental damages only 
C)  General, incidental, and special damages only 
D)  General, incidental, special and punitive damages 
A)  General damages only 
B)  General and incidental damages only 
C)  General, incidental, and special damages only 
D)  General, incidental, special and punitive damages

Question 6

To win a suit for negligence, a plaintiff must establish that the defendant:
I. breached its duty of care
II. created an unreasonable risk of harm
III. acted with total disregard to the harm that could result
IV. behavior was the proximate cause of the plaintiff's injuries

Accepted Answer

A)  I and II only 
B)  II and III only 
C)  I, II and IV only 
D)  I, II, III and IV 
A)  I and II only 
B)  II and III only 
C)  I, II and IV only 
D)  I, II, III and IV

Question 7

Compare the regulation of biotechnology in the United States to that of the European Union.

Accepted Answer

The United States and the EU take extrem

Question 8

Explain the features of Section 402A of the Restatement of Torts (Second).

Accepted Answer

The Restatement of Torts (Second) Sectio

Question 9

Discuss Sugarman's "Performance-based regulation." Is this a viable means to create safer products or is it unnecessary government interference?

Accepted Answer

Sugarman's "Performance-based regulation

Question 10

The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are

Accepted Answer

A)  Cabinet departments within the Executive Branch 
B)  Subcommittees of the Senate and House of Representatives within the Legislative Branch 
C)  Judicially created organizations to implement Supreme Court mandates related to product safety. 
D)  Independent agencies that report to no branch of government. 
A)  Cabinet departments within the Executive Branch 
B)  Subcommittees of the Senate and House of Representatives within the Legislative Branch 
C)  Judicially created organizations to implement Supreme Court mandates related to product safety. 
D)  Independent agencies that report to no branch of government.

Question 11

The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys) is

Accepted Answer

A)  The Consumer Protection Group (CPG) 
B)  The Consumer Product Safety Commission (CPS
C)  
C)  The Product Protection People (P3) 
D)  The Buy American Coalition (BA
C)  
A)  The Consumer Protection Group (CPG) 
B)  The Consumer Product Safety Commission (CPS
C)  
C)  The Product Protection People (P3) 
D)  The Buy American Coalition (BA
C)

Question 12

The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(an):

Accepted Answer

A)  Design Defect 
B)  Manufacturing Defect 
C)  Warning Defect 
D)  End-user Defect 
A)  Design Defect 
B)  Manufacturing Defect 
C)  Warning Defect 
D)  End-user Defect

Question 13

The most notable exception to caveat emptor was for

Accepted Answer

A)  Food 
B)  Automobiles 
C)  Clothing 
D)  Shoes 
A)  Food 
B)  Automobiles 
C)  Clothing 
D)  Shoes

Question 14

The term caveat emptor means:

Accepted Answer

A)  "seller take care" 
B)  "empty the cave of deceit" 
C)  "buyer beware" 
D)  "truth shall prevail" 
A)  "seller take care" 
B)  "empty the cave of deceit" 
C)  "buyer beware" 
D)  "truth shall prevail"

Question 15

What did the Food Safety Modernization Act (FSMA) do? Has it accomplished what it should have? Why or why not?

Accepted Answer

The FSMA enhances the FDA's powers and r

According to Stephen Sugarman, performance-based regulation happens when:

What are punitive damages?

In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.

Explain how injured parties can recover damages under the UCC.

Absent provisions in the contract, which of the following types of damage can be awarded to an injured party under a breach of contract?

To win a suit for negligence, a plaintiff must establish that the defendant: I. breached its duty of care II. created an unreasonable risk of harm III. acted with total disregard to the harm that could result IV. behavior was the proximate cause of the plaintiff's injuries

Compare the regulation of biotechnology in the United States to that of the European Union.

Explain the features of Section 402A of the Restatement of Torts (Second).

Discuss Sugarman's "Performance-based regulation." Is this a viable means to create safer products or is it unnecessary government interference?

The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are

The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys) is

The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(an):

The most notable exception to caveat emptor was for

The term caveat emptor means:

What did the Food Safety Modernization Act (FSMA) do? Has it accomplished what it should have? Why or why not?

Law, Ethics, Business: An Introduction

The Duty of Loyalty: Whistleblowing

Privacy and Technology

Valuing Diversity: Stereotyping v. Inclusion

Workers Rights as Human Rights: Health and Safety in the Global Workplace

Environmental Law and Justice: Responsibility and Survival

Marketing and Technology: Choice and Manipulation

Ownership, Creativity and Innovation: Intellectual Property

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Exam 8: Allocating Risk and Responsibilities in the Global Marketplace: Products Liability

According to Stephen Sugarman, performance-based regulation happens when:

What are punitive damages?

In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.

Explain how injured parties can recover damages under the UCC.

Absent provisions in the contract, which of the following types of damage can be awarded to an injured party under a breach of contract?

To win a suit for negligence, a plaintiff must establish that the defendant: I. breached its duty of care II. created an unreasonable risk of harm III. acted with total disregard to the harm that could result IV. behavior was the proximate cause of the plaintiff's injuries

Compare the regulation of biotechnology in the United States to that of the European Union.

Explain the features of Section 402A of the Restatement of Torts (Second).

Discuss Sugarman's "Performance-based regulation." Is this a viable means to create safer products or is it unnecessary government interference?

The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are

The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys) is

The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(an):

The most notable exception to caveat emptor was for

The term caveat emptor means:

What did the Food Safety Modernization Act (FSMA) do? Has it accomplished what it should have? Why or why not?

Law, Ethics, Business: An Introduction

The Duty of Loyalty: Whistleblowing

Privacy and Technology

Valuing Diversity: Stereotyping v. Inclusion

Workers Rights as Human Rights: Health and Safety in the Global Workplace

Environmental Law and Justice: Responsibility and Survival

Marketing and Technology: Choice and Manipulation

Ownership, Creativity and Innovation: Intellectual Property

Filters