Mie305 Exam 2 Verified Questions And Answers Graded A 2024

reeves v stake {Ans: south dakota built a cement production plant and sold to both in and out of state customers. production got to be too much and they had limited supplies, so sold to only in state customers and provided surplus to out of state. customer got mad and sued saying they were discriminating against out of staters, congress decided it was justified to favor local customers if you're simply a market participant}main difference between regular negligence case and product liability {Ans: defendant must prove that their product wasn't faulty rather than plaintiff proving defendants fault}Constructive taking {Ans: Govt regulates use of land so much that it's considered taken without transfer of title}basic elements of negligence claim {Ans: 1) duty- defendant owed plaintiff duty of care 2) breach of duty- did not act reasonably 3) causation- breach of duty was cause of damages (can be proximate or cause-in-fact) 4) damages- plaintiff incurred damages}deterrence {Ans: discourages people from being reckless through display of punishments possible. says to others that they must take reasonable care around others because intentional or negligent cause of harm will come at a cost.}Independent agencies {Ans: agencies in the executive