Question
1. Driver Dan is driving 45 mph on a street that has a posted 30 mph speed limit. Pedestrian Patty jaywalks in the middle of
1. Driver Dan is driving 45 mph on a street that has a posted 30 mph speed limit. Pedestrian Patty jaywalks in the middle of block, stepping out from between parked cars into the street, where she is hit by Dan and seriously injured. Patty sues Dan to recover for her injuries. Explain how "contributory negligence" and "comparative negligence" doctrines would apply to her claim.
2. In a product liability claim based on strict liability, the plaintiff must show that the product was "defective" in some way. Describe four types of "defects" that could be the basis for a claim, and give an example of each.
3. Explain what "procedural due process" generally means and the minimum that is usually required before governmental action is permitted that takes away or impairs a person's life, liberty or property. Illustrate with an example.
4. Explain the basic differences between a Chapter 7 bankruptcy and a Chapter 11 bankruptcy, noting in particular what the usual different result is (1) for the bankrupt company that filed the action, and (b) for the general unsecured creditors of the bankrupt company.
5. Assume that a product causes an injury due to a hidden manufacturing defect (the product's internal wiring was incorrectly assembled, causing the product to explode when it is switched on). Explain whether (a) the retailer of the product, and (b) the manufacturer of the product can be held liable to the injured plaintiff if (1) the plaintiff's claim is based on negligence, and (2) the plaintiff's claim is based on strict liability.
6. Explain what "work for hire" means with respect to an employee who produces copyrightable work product as part of his or her job, and who generally owns the resulting copyrights.
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