Foundation Of US Law
Answer these questions
17. Where does the Commerce Clause come from? Why is it said to have had a greater impact upon business than any other provision in the U.S. Constitution? Give three examples of decisions that have flowed from the Commerce Clause.
18. There is no right to absolute free speech in the U.S. Explain why this is true and give three examples to support this statement.
19. Due process of law is the very foundation of U.S. law. What is it and specifically how do substantive and procedural due process differ?
20. What is the Equal Protection Clause of the U.S. Constitution? How do courts evaluate whether the Equal Protection Clause has been violated?
21. How does the tort of “assault” differ from that of “battery”?
22. What are the elements of the tort of misrepresentation? Please give me an example of this tort.
23. What are the elements of the unintentional tort of negligence and provide an example of when it might be applied?
24. Discuss the defenses to a product liability lawsuit.
25. What is “strict liability” and when is it applied? Give three examples of situations when this doctrine may be applied.
26. Discuss the priority of law in the U.S.
27. List and discuss the defects in manufacture and design that would give rise to a product liability lawsuit.
28. What is “standing to sue?”
29. What is the appropriation of the right to publicity?
30. List and discuss the four elements of Negligence.
