Read Chapters 4, 6 and 7 and answer the following questions. Fully correct answers to the multiple choice questions are worth 2 points each. Fully correct answers to the short answer essay questions are 5 points each-please refer to the question.

1. The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

a. none of the choices.

b. the states.

c. the national government.

d. the people.

2. MallowMars, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate

a. any commercial activity in the United States.

b. only activities that are in intrastate commerce.

c. only activities that are in local commerce.

d. none of the choices.

3. New York state legislature enacts a law that regulate trucking but affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

a. the courts' authority to determine that a law is unconstitutional.

b. the purpose of interstate commerce.

c. the state's interest in regulating the matter.

d. the statute's impact on noneconomic activity.

4. A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

a. both the decision and the law are invalid.

b. both the decision and the law apply concurrently.

c. California's law takes precedence.

d. the EPA's decision takes precedence.

5. Most of the guarantees by the Bill of Rights have been held to limit

a. federal actions only.

b. federal and state actions.

c. federal and state actions, and actions by nongovernment entities.

d. actions by nongovernment entities only.

6. Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

a. discouraged.

b. forbidden.

c. protected.

d. required.

7. ABC Pencils, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

a. equally extensive.

b. less extensive.

c. more extensive.

d. non-existent.

8.. Vermont enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. AVVRO, Inc. files a suit to block the law's enforcement. The court would likely hold that this law violates

a. no clause in the U.S. Constitution.

b. the establishment clause.

c. the free exercise clause.

d. the supremacy clause.

9. Damages that are intended to compensate or reimburse a plaintiff for actual losses are

a. compensatory damages.

b. reimbursement damages.

c. actual damages.

d. punitive damages.

10. Jake throws a rock intending to hit Milo but misses and hits Leon instead. On the basis of the tort of battery, Leon can sue

a. Jake.

b. Milo.

c. the rightful owner of the rock.

d. no one.

11. Luke trespasses on Ready Hardware's property. Through the use of reasonable force, Ready Hardware' security guard Ned detains Luke until the police arrive. Ready Hardware is liable for

a. assault.

b. battery.

c. false imprisonment.

d. none of the choices.

12. Jackie, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief. The statement is defamatory if

a. a recipient of one of the handbills repeats it.

b. Ked suffers emotional distress.

c. the statement is true.

d. the statement is false.

13. Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne's lipstick. Jayne does not ask the model's permission. The model can sue Jayne for

a. battery.

b. fraudulent misrepresentation.

c. defamation.

d. appropriation.

14. Ben knows that the brakes on his car do not work, but he tells Cindy, a potential buyer, that there are no problems with the car. On this assurance, Cindy buys the car. On learning the truth, she may sue Ben for

a. trade libel.

b. conversion.

c. fraudulent misrepresentation.

d. appropriation.

15. Jenny Lee is an appliance salesperson. To make a sale, she asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

a. fraud if the statement is not true.

b. fraud if Jenny Lee believes that this statement is not true.

c. fraud if Jenny Lee is stating her opinion, not the facts.

d. not fraud.

16. Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Gooey Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with a

a. bargaining relationship.

b. business relationship.

c. contractual relationship.

d. customer relationship.

17. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

a. appropriation.

b. wrongful interference with a contractual relationship.

c. no tort.

d. wrongful interference with a business relationship.

18. Oakes enters Parnell's property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed

a. trespass to land.

b. trespass to personal property.

c. slander of title.

d. no tort.

19. Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for

a. appropriation.

b. conversion.

c. malicious prosecution.

d. wrongful interference with a business relationship.

20 . Bette backs out of City Parking Garage, colliding with Dill's car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as

a. a blameless person.

b a faultless person.

c. a professional person.

d. a reasonable person.

21. Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda Bubbles beverage, which proves defective and injures her. One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that

a. Soda Bubbles is making a profit from its activities.

b. Talia is a person, not a business.

c. making and selling products are abnormally dangerous activities.

d. Soda Bubbles and Talia are in privity.

22. Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

a. market-share liability.

b. none of the choices.

c. negligence.

d. product misuse.

23. Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except

a. the design of the fans.

b. the production process used to make the fans.

c. the warnings on the labels of the fans.

d. a consumer's unforeseeable misuse of a fan.

24. Forest & Field Company makes and leases a backhoe to Gallagher. Due to a defect attributable to Forest & Field's negligence, Gallagher is injured in an accident in which his neighbor Helga is also hurt. In a product liability suit based on negligence, Forest & Field may be liable to

a. Gallagher only.

b. no one.

c. Gallagher and Helga.

d. Helga only.

25. Garden Tool Company makes chain saws. Hadrian is injured while using a Garden Tool saw and sues the company for product liability based on negligence. To win, Hadrian must show that

a. Garden Tool did not use due care with respect to the trimmer.

b. Garden Tool used puffery in its advertising.

c. Hadrian was not experienced in the use of trimmers.

d. Hadrian was in privity with Garden Tool.

26. -27. What is meant by strict liability? In what circumstances is strict liability applied? (Fully correct answers are worth 5 points each, total 10 points.)

28. To avoid liability on a negligence theory in a product liability suit, list the ways in which a manufacturer must exercise due care? (Fully correct answer is worth 5 points)

29. Under the Restatement (Second) of Torts, Section 402A, what are the requirements for a cause of action in strict liability

in a product liability suit? (Fully correct answer is worth 5 points.)