Recently, product liability lawsuits have been filed against McDonald's Restaurants and Kraft Foods, the maker of Oreo cookies. The plaintiffs allege that the products of these companies caused them to suffer from obesity. Given what you know of strict liability theory, assess the plaintiffs' likelihood of success. What elements of strict liability will be the hardest for plaintiffs to prove?

Answers

Answer 1

Recently, product liability lawsuits have been filed against McDonald's Restaurants and Kraft Foods, the maker of Oreo cookies. The plaintiffs allege that the products of these companies caused them to suffer from obesity the lawsuit was filed addressing strict liability.

By demonstrating that the sellers, in this case McDonald's and Kraft Foods, did not include sufficient warnings or labels to show and inform the user of the potential dangers of consuming their products, the plaintiff may be successful. However, it is difficult for the plaintiff to demonstrate that the notion that fast food and cookies are bad for a person's health defies logic.   Many people today are aware of the dangers associated with eating unhealthy fatty foods. Therefore, the plaintiff would have a difficult time proving that element. Kraft and McDonald's both have two possible defenses. First, they might claim that the plaintiff used the item contrary to how the makers intended. They might contend that the plaintiff consumed excessive amounts of their product without taking care of their own health, assuming that it is well known that fatty and sugary foods are unhealthy. In a similar vein, the defendants may demonstrate that the plaintiff's obesity was a result of misusing the product. Even though the defendants are still liable, raising the comparative negligence defense could lower the total amount of damages awarded to the plaintiff.

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Related Questions

which constitutional amendments related to the court system are important to understand for someone working in the field of criminal justice?

Answers

Certain parts of these additional amendments and the Bill of Rights have had a major impact on the criminal justice system. These amendments include the fourth, fifth, sixth, eighth, and the fourteenth amendments. Their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes.

in your own words explain what justice brennan meant when he said ¨we do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.¨ do you agree with Brennan? why or why not

Answers

la conte menaing

Explanation:

soiry

Question # 11
Multiple Select
There is huge competition for prosecutors’ jobs because:


They deal with high-stakes court cases.

Prosecutors are known for being among the best lawyers in the nation.

Most say the challenging work is also very rewarding.

They are paid extremely well.

Answers

Answer:

Probably 3. and 4. but it seems subjective

Explanation:

Prosecutors are known for being among the best lawyers in the nation.

They deal with high-stakes court cases.

Most say the challenging work is also very rewarding.

Just got it right : )

Myron Effriham is out of money. However, he will be paid in two days. Myron knows that he can cash a personal check with his employer at any time. He also has figured out that if he folds the check he’s about to write many times and wets the crease over the electronic coding, the automatic check-routing machines will kick it out to be handled manually. Manual handling will cause at least another day’s delay before the check gets to his bank. Therefore, he could cash a check late today and, in effect, use his employer’s money to live on until payday. Is this ethical? Would anyone be injured by Myron’s action? Is it illegal?

Answers

This is not ethical, he should ask for their help instead of just taking it. No one would be injured and everyone would probably be okay. It is illegal because he would use his employers money to live on until payday and its not his money.

Myron's actions are not ethical, could harm his employer, and are illegal. It would be wiser for him to seek alternative means of financial assistance rather than resorting to deceitful tactics.

What is ethics?

The study of ethics, often known as moral philosophy, "involves systematizing, defending, and endorsing conceptions of good and bad action,".

Axiology is a subfield of philosophy that consists of the fields of ethics and aesthetics. These fields are concerned with issues of value.

With the definition of terms like good and evil, right and wrong, virtue and vice, justice and crime, ethics aims to answer concerns about human morality.

The theoretical significance and context of moral claims, as well as how to assess their veracity, is the subject of meta-ethics. Normative ethics, which is concerned with the methods used in practice to choose a moral path of conduct.

Applied ethics, which deals with what a person has a responsibility to do in a particular circumstance or area of activity.

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A construction contractor brought a breach of contract claim in federal court against a homeowner who had hired the contractor to build an apartment over an existing garage. The action turned on the scope of the work covered by the contract. The contractor and the homeowner were the only witnesses at the bench trial, and they strongly disagreed about the scope of the work. At the end of the trial, the judge stated findings of fact on the record but never issued a written opinion. Neither party objected to the findings. The judge found in favor of the homeowner, and the contractor appealed. Is the appellate court likely to overturn the findings?

Answers

Answer:

No, because the appellate court must give due regard to the trial judge's opportunity to determine witness credibility.

Explanation:

Appellate courts or appeal courts are those that are empowered to review judgements that have been given at trial by lower courts.

Appeal courts exist at the state and federal level and they do not use a jury to review judgements.

In the given instance the construction contractor and home owner did not disagree on the findings of the trial judge and never issued a written opinion.

The appeal court is not likely to overturn the findings because they must give due regard to the trial judge's opportunity to determine witness credibility.

The trial judge should give a written opinion on the matter before the appeal court can delibrate

How does tolerance relate to blood alcohol content (BAC)?

Answers

Answer:

Tolerance does not lower your BAC. People with high tolerance will have lower BAC levels.

Tolerance relate to Blood Alcohol Content (BAC) as a person with tolerance requires a higher Blood Alcohol Content (BAC) than a non-tolerant person to experience some of the same effects.

Basically, tolerance means that your body is suppressing its normal responses to toxins.

What is Blood Alcohol Content (BAC)?

Blood alcohol concentration, or BAC, is the metric used to measure the amount of alcohol in a person's bloodstream at a given time.

This alcohol content can be determined by testing the person's breath, blood, urine, or saliva, with breath testing being the most common method of testing as practiced by law enforcement.

Percentage of alcohol in a drink affects Blood Alcohol Content (BAC) level. The higher the percentage the higher the BAC. The type of alcohol, fizzy drinks are absorbed more quickly.

Hence, the answer was given and explained above.

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Do you support or oppose the death penalty? Give me couple sentences and why.

Answers

Answer:

Well I do support the death penalty. Even thought it might sound harsh, I still belive in the fair law. Like what they did in the Persian empire, an eye for an eye. If you kill someone, sure you won’t be affected that much but their families won’t see you sitting in a cell for 2-3 life sentences and eventually being set free as a “justice is served” moment. In fact if you killed someone, you would be put to death. It also sets an example for other people to not convict this crime to prevent future murders or whatever violent and unlawful things that could be comed up with.

yeah i like the death penalty too tbh. i think it’s very reasonable in many cases

is a lab worker who analyzes scientific evidence considered "line" or "staff"?

Answers

Answer:

Staff

Explanation: If the member in question is working in the lab, then that means he is part of the Staff Group.

The two 13-year-old girls are accused of stabbing a classmate with the intent of murdering her. According to the prosecutor, the girls planned the deed as a tribute to the fictional Slender Man, a paranormal creature who has supposedly been in existence for centuries. The girls found Slender Man on a Web site and decided to kill their friend to show devotion to the figure. Despite multiple stab wounds, the victim managed to crawl out of the woods where she had been abandoned. She was taken to a hospital and survived.
Was this crime an intentional murder (a homicide)? Should the two girls be charged as adults?

Answers

Answer:

yes it was a homicide and yes the two girls should be charged as adults.

Explanation:

I understand they listened to "Slenderman" but while the girls are getting charged they should seek to help their mental health . Because something could actually be wrong inside their heads. Even if it was someone telling them to do it , they still injured the female.

Based on the given information, these activities is considered intentional murder, and the two girls will be charged as adults.

What is intentional murder?

Intentional murder refers to an act of killing attempted by an individual in order to harm another person knowingly. unintentional murder is referred as harming another person mistakenly in self-defense.

In the given case, it is explained that  The two 13-year-old girls are charged with purposefully attacking a classmate in order to kill her. The girls planned to murder their friend with respect to Slender Man after discovering him on a website.

The woman walked out of the woods where she had been placed despite having many stab wounds. Based on the woman's conditions and her statement the two girls are charged with homicide as they did the action in whole senses.

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An __________ is one in which the tortfeasor is willful in bringing about a particular event that causes harm to another party.

Answers

Answer:

An intentional is one in which the tortfeasor is willful in bringing about a particular even that causes harm to another party.

introduction to the fiber analysis webquest activity find 5 examples of each type of fiber and give a brief

Answers

Law enforcement organizations all across the world employ fiber analysis, a technique for locating and studying fibers, to gather evidence during an investigation.

Law enforcement organizations also utilize fiber analysis to pinpoint suspects around the crime site. When a suspect or victim is in close proximity to one another, fibers can transfer. Fiber transfers can also happen during break-ins when the intruder's fibers get entangled. Since fiber evidence is a sort of trace evidence, it will probably be very minute, maybe even microscopic. Due of its lower reliability than DNA, this technology is typically not utilized to actually identify a criminal in an inquiry.

Three basic methods for fiber examination include UV-Vis MSP, polarized light microscopy, and FTIR. Different kinds of microscopes RTF-are used in WE-R polarized light microscopy and UV-V is MSP to examine samples.

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What is the purpose of statutory laws? *
A)They give executive agencies their power
B)They limit the power of government
C)They allow state legislations to make laws
D) They protect the right of the people

Answers

I believe it should be A

the person who acquires real property under the terms of a will is known as a ​

Answers

Answer:

Devisee

Explanation:

Devisee is the term associated to the individual who is left with the real estate property according to the terms of the bill. A devisee may or may not be related with the decedent. It is because of the presence of devisee in the will of the decedent that the devisee receives the property and becomes the owner of it. In the case where the property is left with with the devisee becomes the owner.

What purpose does it serve if we punish individuals who break the law?

Answers

Answer:

They learn from their mistakes and depending on how severe the punishment is, this prevents other people from breaking the law which will essentially make the world a safer place to live in, without people being constantly in fear that something could happen to them.

Explanation:

Punishing individuals who break the law serves several purposes, including:

Deterrence: Punishment serves as a deterrent to others who may be considering breaking the law. The fear of punishment can discourage people from committing crimes.

Rehabilitation: Punishment can also serve as a means of rehabilitating offenders, helping them to understand the impact of their actions and encouraging them to change their behavior.

Retribution: Punishment can also be seen as a way of holding offenders accountable for their actions and providing a sense of justice for victims and society as a whole.

Protection: Punishment can also serve to protect society by removing dangerous offenders from the community, either through imprisonment or other forms of punishment.

Public safety: Punishing individuals who break the law can also help maintain public safety by removing individuals who pose a threat to society.

Restitution: Punishment can also include restitution, which would be a form of compensation to the victims of the crime.

It is important to note that punishment should be proportionate to the crime committed and should aim to achieve a balance between punishment, rehabilitation, and reintegration of the offender into society.

A box is 19cm long, 6cm wide and 27 cm high. Can it hold 3,500cm3 of soil?​

Answers

Answer:

NO

Explanation:

because it can maximum hold 3078

The police are investigating a crime that occurred at Shoprite. They find a red umbrella in the store where a man was assaulted by an unknown person. Three blocks away from Shoprite, investigators find a wallet with the same fingerprints on them as the umbrella. The place where the umbrella was found is called the...

A) Primary Crime Scene
B) Secondary Crime scene
C) Tertiary Crime scene
D) Accomplice

Answers

primary Crime scene because the criminal escaped

Your supervising attorney asks you to sign a document as a witness although the document was not signed by the client in front of you

Answers

It is not appropriate for an attorney to ask a witness to sign a document that was not signed by the client in front of them. This is because it is considered to be a violation of legal and ethical guidelines

. A document that has been signed by a client in front of a witness is considered to be legally binding and is considered to be a "wet signature." A document that has not been signed by the client in front of a witness is not considered to be legally binding and is not considered to be a wet signature. Signing a document as a witness without the client present can be considered as a fraud and is a violation of legal and ethical rules. Therefore, as a legal professional, it is important to ensure that any document is signed in a manner that is consistent with legal and ethical guidelines, and to refuse to sign a document that does not meet these standards.

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What is another name for the first day of winter

Answers

Answer:

winter solstice that's all I have

Explanation:

enough

Answer:

Winter solstice

Explanation:

This astronomical event appears on calendars as the first day of winter—but meteorologists have already gotten a head start on the season.

you switch a track to save 5 innocent people or let them die, what would you do

Answers

Answer:

I mean if i dont know those 5 people i would just let them die

Explanation:

Switch the track I believe

The European Union is an example of which of the following?
A. A tax
B. A trade agreement
C. A law
D. A statute

Answers

Answer:

A trade agreement

Explanation:

Answer:

B. A trade agreement

Explanation:

how can you tell if something has a balanced or unbalanced force acting on it

Answers

Answer:

To determine if the forces acting upon an object are balanced or unbalanced, an analysis must first be conducted to determine what forces are acting upon the object and in what direction. If two individual forces are of equal magnitude and opposite direction, then the forces are said to be balanced.

Explanation:

Stay frosty!

Answer:

If it is balanced, the object stays still. If it is unbalanced, the object is in motion.

What type of crime shows one of the most serious trends as people live longer, and involves an increased number of professionals in the field who are willing to risk client harm in fraudulent schemes?

Answers

White collar crime involves  an increased number of professionals in the

field  who are willing to risk client harm in fraudulent schemes.

This type of crime is divided into groups which are occupational and

corporate crime. White collar crime mostly involves embezzlement of funds.

This is usually carried out by the professionals in that field.

The white collar crime are usually willing to risk client harm in fraudulent

schemes for their personal gains and is mostly carried out by men than

women as it is easier to convince people it is legit as a man than a woman.

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Under the common law, from the 1500s until today, the law has allowed past property owners to place limitations on the uses of real property in the future through the use of covenants (promises) as set forth in real property deeds as well as use of the fee defeasible estates (i.e. "To John Doe, so long as the property is used as a tobacco farm") and the evolution of zoning statutes and practice. Thomas Jefferson argued vehemently that no past owner of real property (dead or alive) should be allowed to restrict a future owner of real property concerning its present use; however, the Virginia State Legislature disagreed with him and land use limitation continues today. Jefferson described this practice as "Allowing the dead to control the lands of the living."Was Jefferson right, or should we maintain the practice of allowing past property owners to place land use limitations in deeds of lands sold or gifted? Further, should the government be allowed to determine how a private property owner uses his/her respective land?

Answers

Answer:

v

Explanation:

h

the foundation for a constitutional monarchy in england began with the

Answers

The foundation for a constitutional monarchy in England began with the Toleration Act of 1489.

The Toleration Act of 1489 laid the groundwork for a constitutional monarchy in England. The Bill of Rights Wonderful Revolution. The Nantes Decree. In order to secure religious freedom for its people, France engaged in combat with both the Holy Roman Empire and Spain during the Thirty Years' War. keep alive the kings' divine right. The Anglo-Saxon invasion of England signalled the beginning of the true monarchy in Britain. A new system of government known as the Heptarchy was instituted across the nation once they had started the takeover of Britain. Under the Heptarchy, England was divided into seven principal kingdoms. 

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distinguish social behavior and legal behavior for example

Answers

Answer:

What is the difference between ethical behavior and legal behavior?

The distinction is important. Actions are 'legal' if they do not violate the laws or codes of the local government, state, or federal government. ... A formally adopted code of ethics is a legal requirement; when you violate a state or local government code of ethics there are specific consequences.

Explanation:

Which of the following rules concerning the explanation of the Rescorla-Wagner Model is NOT correct?A) if the strength of the US is greater than the strength of expectation, all CSs paired with a US get excitatory conditioning (V increases).B) if the strength of the US is less than the strength of expectation, all CSs paired with a US get inhibitory conditioning (V decreases). {b}C) more salient (noticeable) CSs will condition slower than less salient CSs. {c}D) if the strength of the US equals the strength of expectation, no conditioning takes place. {d}

Answers

C) more salient (noticeable) rule concerning the explanation of the Rescorla-Wagner Model is NOT correct CSs as this will condition slower than less salient CSs.


The Rescorla-Wagner Model is a mathematical model that explains how classical conditioning works. It states that the amount of learning that takes place during conditioning depends on the difference between the strength of expectation and the strength of the unconditioned stimulus (US).

According to the model, if the strength of the US is greater than the strength of expectation, all conditioned stimuli (CSs) paired with a US get excitatory conditioning (V increases). If the strength of the US is less than the strength of expectation, all CSs paired with a US get inhibitory conditioning (V decreases). And if the strength of the US equals the strength of expectation, no conditioning takes place.

However, the model also states that more salient (noticeable) CSs will condition faster than less salient CSs, not slower as stated in option C. This is because more salient CSs are more likely to be noticed and associated with the US, leading to faster conditioning.

Therefore, the correct answer is option C) more salient (noticeable) CSs will condition slower than less salient CSs. This statement is NOT correct according to the Rescorla-Wagner Model.

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Which concept in historical inquiry is most relevant to creating modern laws that serve all citizens, not just the most powerful and influential?



autobiography



suffrage



historiography



the Doctrine of Preemption

Answers

The concept in historical inquiry that is most relevant to creating modern laws that serve all citizens, not just the most powerful and influential, is historiography. (Option C).

What is Historiography?

Historiography refers to the study of the methods, sources, and assumptions used by historians to create a particular interpretation of history. By examining the ways in which historical narratives have been constructed, historians can identify the biases and perspectives that have shaped the development of laws and policies in the past. This knowledge can then be used to develop more equitable and just laws and policies in the present.

By understanding how power dynamics have influenced the creation of laws and policies in the past, modern lawmakers can work to create laws that are more inclusive and serve the needs of all citizens. For example, by examining the history of suffrage and the struggle for voting rights, lawmakers can better understand the ways in which political power has been unequally distributed in the past and work to create laws that ensure all citizens have an equal say in the political process.

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Do you believe that there are too many lawsuits in the United States? If so, do you place more blame for the problem on lawyers or on individuals who go to court? Is there anything that would help the problem?
What if any are the positive outcomes of lawsuits?

Answers

Answer:

do a protest

Explanation:

If one of the outstanding class-action lawsuits against a Canadian gig employer were to be found in favour of the plaintiffs (i.e. in favour of the gig workers suing their employers), the employer would likely be responsible for paying retroactively for various rights these workers had that were not fulfilled. Briefly describe the types of payments these employers would find themselves owing to their workers.

Answers

The types of payments employers would have to make if they were found liable in a class-action lawsuit in favour of their gig workers would vary, depending on the specific employment terms it violated.

The employer could be responsible for calculating and paying back wages for the hours worked, since typically gig workers are paid “by the job” or project completion without taking accrued vacation time or overtime into account.

They might be on the hook for unpaid overtime or vacation pay, as well as for other entitlements such as holiday pay, employer-paid contributions to pension plans, and medical and/or dental benefits. If the employer had been in violation of health and safety laws, they could also be out of pocket for medical expenses, as well as for any damages suffered by the employee, such as pain and suffering or loss of income.

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Corporal injury to spouse - Is it same as domestic violence?

Answers

Yes, Corporal injury to spouse - Is it same as domestic violence as-

The term "corporal injury" in criminal law refers to any physical harm that results in a traumatic condition. This usually refers to a visible or verifiable injury, no matter how minor or serious.

A physical wound caused by force is referred to as a corporal injury.

It doesn't matter how much force is used. Furthermore, it makes no difference if the force was applied with a weapon or even a firearm. Even whether the force resulted in a minor or severe bodily injury is irrelevant. The only thing that matters is whether the force the victim was subjected to resulted in a traumatic injury of some kind. Many more states have amended their criminal laws to remove outdated terminology like "corporal injury" and replace it with clearer definitions of the crime's elements.

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