BUL 3310 EXAM QUESTIONS WITH
COMPLETE SOLUTIONS 2024/2025
LATEST UPDATE
What is product liability? - Answer-the seller can be liable for the harm they cause a
consumer or bystanders. Can be based on negligence, misrepresentation, strict liability,
and warranties
What is false misrepresentation? - Answer-a company wants to sell products and they
do not add the bad side effects and the consumer doesn't know and then suffers the
bad side effects
Does a company have to warn consumers about a danger that is obvious or commonly
known? - Answer-no
What is the market shared liability test? - Answer-the plaintiff has the burden of proof, if
the plaintiff cannot identify the single party that is liable, then all of the parties share the
liability
What is comparable negligence? - Answer-something along the lines of: plaintiff was
30% liable and the manufacture was 70% liable
What happens if a carpenter hurts himself using a bandsaw? can he sue? - Answer-No
he cannot sue because he is a knowledgeable user of the band saw
What is the dormant commerce clause? - Answer-applies to intra state activity that
affects commerce among other states
What does the Privileges and Immunities Clause state? - Answer-States must give
SAME privileges to non-state citizens as residents and States cannot discriminate
against non-residents engaging in basic behavior
What does the Full Faith and Credit Clause state? - Answer-that property and contract
rights in one state must be honored in another state and factual documents included ex.
Drivers license, birth certificate
, What is the Commerce Clause? - Answer-Fed gov can regulate inter and intra state
commerce and If a state enacts a regulation that is only to be applied within states
borders but affects commerce in other states the regulation might be struck down
Under the constitution, the 14th amendment does what? - Answer-gives each person in
the state equal protection under the law, federal gov can deny equal protection though
the 5th amendment
What is Strict scrutiny? - Answer-a law that inhibits a fundamental right (ex. Right to
vote) or a classification based on a trait (ex. Race) , gov must have compelling interest
(ex. To not allow felon to vote)
What is Intermediate Scrutiny? - Answer-sometimes actions are upheld, sometimes
struck down, gov must have important interest, discrimination on the basis on gender
What is Rational basis? - Answer-Rational basis
What are the 3 balancing tests? - Answer-Strict scrutiny, Intermediate Scrutiny, Rational
basis
Describe Freedom of Speech. - Answer-reasonable restrictions can be placed, person
cant use words to incite violent actions, political speech regulation falls under strict
scrutiny, gov can place time place and manner regulations
Describe Freedom of Religion. - Answer-under the 1st amendment gov cannot establish
religion nor prohibit people from practicing a religion
What is mistake of fact and what is an example of it? - Answer-It opens mitigation, ex. a
missing speeding sign and you get a ticket for speeding. in court you will fight the ticket
using mistake of fact because the speeding sign was missing
What is agency crime? - Answer-its when your the agent to the criminal and you were
just doing what you were told to do without asking questions and you didn't know you
were assisting someone to break a law.
Sexual harassment is usually what kind of crime? - Answer-A non intentional crime
What is lack of capacity? - Answer-can use this as a defense to say that the defendant
lacked mental capacity and insanity
What is Involuntary intoxication of drugs or alcohol? - Answer-if someone drugs you and
you commit a crime you can use it as a defense, it doesn't remove you from the
financial liability from the damages you caused. (torts and negligence)
COMPLETE SOLUTIONS 2024/2025
LATEST UPDATE
What is product liability? - Answer-the seller can be liable for the harm they cause a
consumer or bystanders. Can be based on negligence, misrepresentation, strict liability,
and warranties
What is false misrepresentation? - Answer-a company wants to sell products and they
do not add the bad side effects and the consumer doesn't know and then suffers the
bad side effects
Does a company have to warn consumers about a danger that is obvious or commonly
known? - Answer-no
What is the market shared liability test? - Answer-the plaintiff has the burden of proof, if
the plaintiff cannot identify the single party that is liable, then all of the parties share the
liability
What is comparable negligence? - Answer-something along the lines of: plaintiff was
30% liable and the manufacture was 70% liable
What happens if a carpenter hurts himself using a bandsaw? can he sue? - Answer-No
he cannot sue because he is a knowledgeable user of the band saw
What is the dormant commerce clause? - Answer-applies to intra state activity that
affects commerce among other states
What does the Privileges and Immunities Clause state? - Answer-States must give
SAME privileges to non-state citizens as residents and States cannot discriminate
against non-residents engaging in basic behavior
What does the Full Faith and Credit Clause state? - Answer-that property and contract
rights in one state must be honored in another state and factual documents included ex.
Drivers license, birth certificate
, What is the Commerce Clause? - Answer-Fed gov can regulate inter and intra state
commerce and If a state enacts a regulation that is only to be applied within states
borders but affects commerce in other states the regulation might be struck down
Under the constitution, the 14th amendment does what? - Answer-gives each person in
the state equal protection under the law, federal gov can deny equal protection though
the 5th amendment
What is Strict scrutiny? - Answer-a law that inhibits a fundamental right (ex. Right to
vote) or a classification based on a trait (ex. Race) , gov must have compelling interest
(ex. To not allow felon to vote)
What is Intermediate Scrutiny? - Answer-sometimes actions are upheld, sometimes
struck down, gov must have important interest, discrimination on the basis on gender
What is Rational basis? - Answer-Rational basis
What are the 3 balancing tests? - Answer-Strict scrutiny, Intermediate Scrutiny, Rational
basis
Describe Freedom of Speech. - Answer-reasonable restrictions can be placed, person
cant use words to incite violent actions, political speech regulation falls under strict
scrutiny, gov can place time place and manner regulations
Describe Freedom of Religion. - Answer-under the 1st amendment gov cannot establish
religion nor prohibit people from practicing a religion
What is mistake of fact and what is an example of it? - Answer-It opens mitigation, ex. a
missing speeding sign and you get a ticket for speeding. in court you will fight the ticket
using mistake of fact because the speeding sign was missing
What is agency crime? - Answer-its when your the agent to the criminal and you were
just doing what you were told to do without asking questions and you didn't know you
were assisting someone to break a law.
Sexual harassment is usually what kind of crime? - Answer-A non intentional crime
What is lack of capacity? - Answer-can use this as a defense to say that the defendant
lacked mental capacity and insanity
What is Involuntary intoxication of drugs or alcohol? - Answer-if someone drugs you and
you commit a crime you can use it as a defense, it doesn't remove you from the
financial liability from the damages you caused. (torts and negligence)
