– Question 1: If you are injured by a product, you may wish to sue those companies or individuals that made or sold the product for product liability. There are 3 types of product liability cases: negligence, misrepresentation and strict liability. For each of these 3, briefly explain what you would need to prove. Which of the 3 seems easiest to prove from a plaintiff’s perspective? Why ?
c. Strict liability
– Question 2: The following 3 cases all deal with the court’s interpretation of the U.S. Constitution’s 4th Amendent protection against unreasonable search and seizure. For each of the 3 cases, briefly summarize the facts (1-2 sentences). (The facts of a case are the details of what happened.) Then explain what the court decided in that case. (You do not need to inlude information like this “The Court of Appeals overtuned the District court’s decision…” The only decision that matters in a case is the last and final one.)
a. Navarette v. California
b. Maryland v. King
c. Riley v. California or U.S. v. Wurie
– Question 3: The 3 major forms of alternative dispute resolution (ADR) are negotiation, mediation and arbitration. Answer the following questions about ADR.
a. Why is ADR preferable to litigation (going to court)? Give at least 3 reasons why it is preferred.
b. Arbitration – How many parties are involved ? What does the arbitration do ? Who make final decision in arbitration ? Is the decision binding on the parties?
c. Mediation – How many parties are involed ? What does the mediator do ? Who make the final decision in mediation ?
d. Negotiation – How many parties are involved ? Who makes the final decision ?
– Question 5: Answer the following questions with respect to copyrights.
a. How is copyright protection obtained ?
b. Can copyright protection be renewed by an individual ?
– Question 6: Answer the following questions with respect to patents.
a. What are the requirments for abtaining a patent ?
b. How do you obtain a patent ?
c. How long does utility patent for an invention last ?
d. What happens at the end of the patent period ?
– Question 7: Answer the following questions with respect to trademark
a. What kinds of things may a company protect with a trademark (Be specific).
b. Can generic names be trademarked ?
c. Howlong does trademark protection last ? CAn it be renewed ?
d. What is trademark dilution ?
– Question 8: In order to bring lawsuit in a court, the plaintiff must have standing to sue, the court must have jurisdiction to hear the case and the case must be brought in the proper venue. For each of these important requirements, answer the following questions.
a. The plaintiff (person with a complaint or grievance against the defendant ) must have standing to sue.
* Define standing to sue
b. Jurisdiction (authority)
* How many a court get jurisdiction over the plaintiff ?
* How is jurisdiction over the defendant normally obtained by a state court ?
* What is a long-arm statue ?
* What does the concept of venue require
– Question 10: Explain the following protections the U.S. Constitution gives to citizens of the United States that have been accused of a crime.
a. The 4th Amendent protection against unreasonable search and seizure.
b. The Exclusionary Rule
c. The Fifth Amendent Privilege against self-incrimination.
d. The Fifth Amendent protection against double jeopardy.
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