Homework Assignment No. 2

Business Law I/Torres/Fall 2020

Section I.(Multiple Choice - Max. 20 Points).

This section contains five multiple choice questions.Write the correct response to each question on the space provided.Each correct response is worth four (4) points.

1.__________.Look at the following case citation and select the response that appropriately identifies the Court that issued the opinion in that case:United States v. Park, 421 U.S. 658 (1975)

A.A United States District Court

B.A United States Circuit Court of Appeals

C.The United States Supreme Court

D.The United States Bankruptcy Court

2.__________.Look at the following case citation and select the response that appropriately identifies the Court that issued the opinion in that case: Laaperi v. Sears, Roebuck & Co. 787 F.2d 726 (1^st Cir. 1986)

A.A United States District Court

B.A United States Circuit Court of Appeals

C.The United States Supreme Court

D.The United States Bankruptcy Court

3.__________.Look at the following case citation and select the response that appropriately identifies the Court that issued the opinion in that case:Cippolone v. Liggett Group, Inc., 683 F. Supp. 1487 (D.N.J. 1988)

A.A United States District Court

B.A United States Circuit Court of Appeals

C.The United States Supreme Court

D.The United States Bankruptcy Court

4.__________.Look at the following case citation and select the response that appropriately identifies the Court that issued the opinion in that case:Lugosi v. Universal, 25 Cal.3d 813, 603 P.2d 425 (1976)

A.The United States District Court for the District of California

B.The State Supreme Court of California

C.A California state trial court

D.None of the above

5.__________.Look at the following case citation and select the response that appropriately identifies the Court that issued the opinion in that case:Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358 (1960)

A.The United States District Court for the District of New Jersey

B.The State Supreme Court of New Jersey

C.A New Jersey state trial court

D.None of the above

Section II.(Max. 10 Points)

This section contains five fill-in-the-blank questions that can be properly responded to by using FindLaw.com, LII or both.Write the response for each question in the space provided.Each correct response is worth one (1) point.

6.The _______ Amendment to the U.S. Constitution prohibits the taking of life, liberty or property by government without Due Process of Law.

7.Title _____ of the U.S. Code pertains to "Commerce and Trade."

8.Under Chapter ________ of the U.S. Code pertaining to "Commerce and Trade," will you find the federal statutes pertaining to "Cigarette Labelling and Advertising."

9.The New Jersey Products Liability Act can be found under Title ______ of the New Jersey Statutes.

10.Title _______ of the New Jersey Statutes pertains to "Unfair Practices."

11.The New Jersey Consumer Fraud Act can be found under Title _______ of the New Jersey Statutes.

12.The New Jersey Statutes that pertain generally to "for profit" Corporations may be found under Title ___________ of the New Jersey Statutes.

13.The Uniform Commercial Code for the State of New Jersey may be found under Title ________ of the New Jersey Statutes.

14.Title ______ of the New Jersey Statutes contain the New Jersey Code of Criminal Justice, or the Criminal Laws of the State of New Jersey.

15.Title _______ of the New Jersey Statutes contains the New Jersey Tort Claims Act.

Section III.(Max. 20 Points)

This Section contains several short answer questions that require you to read two judicial opinions from New Jersey courts that involve allegations of a "defective" product.Each case offers the opportunity to obtain ten (10) points.The maximum number of points achievable for this section is twenty.

Using Google Scholar, find and read the cases of Volin v. General Electric Co., 189 F.Supp.3d 411 (D.N.J.2016) and DeBenedetto v. Denny's, 421 N.J. Super. 312(Law Div. 2010) and respond to the following questions:

1.With regard to the Volin v. General Electric case, involving an allegation of Plaintiff's purchase and use of a defective GE gas range, explain:(a) why the Plaintiff argued that the GE range was a defective product under New Jersey's Product Liability Act (PLA),(b) whether the District Court agreed with Plaintiff; and (c) why the District Court agreed or disagreed with the Plaintiff.

2.With regard to the DeBenedetto v. Denny's case, involving allegations against Denny's of "defective food," explain:(a) what the Plaintiff alleged about Denny's food (i.e., why it was "defective"); and (b) why the Court dismissed the Plaintiff's Complaint against Denny's after finding that the food may well have been "defective."

Section IV.(Optional Extra Credit - Max. 6 Points)

Your full and correct response to this Question will earn an additional six (6) points for this assignment.

Identify three general types of product defects that can lead to a successful strict-liability-in-tort claim.