Miscellaneous Quiz / Davis v. Happyland Case Law

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Can you name the Davis v. Happyland Case Law?

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A defendant may be held liable for 'consequences of reasonably forseeable users and reasonably obvious misuse.'
Though he may testify to his underlying facts and data, an expert cannot be used as a conduit for hearsay
'Causation has two components: cause in fact (or direct cause) and proximate cause.'
Negligence per se claims substitute 'substitute the defendant's statutory violation for proof of duty and breach.'
'a great deal of evidence that would be entirely admissible in a traditional action based on negligence, recklessness, or strict liability is simply inadmissible in an action based
Witnesses may not 'offer legal conclusions or legal interpretations.'
A product is defectively designed when 1.) it is not reasonably safe or 2.) the forseeable risks of harm could have been avoided by adopting an alternative design
A jury should consider 6 factors when weighing risk against utility in a SL case
'requisite intent' only applies to intent to 'manufacture, distribute, or otherwise dispense,' NOT to 'significant quantity' or 'Schedule I Substance.'
In strict liability, relevant evidence pertains to the product as it was sold, not the defendant's 'carefulness or subjective intent.'
If it is more likely than not that a statement was made by the person it was alleged to have been made by, the court must assume the statement was made by that person.
Midlands has a modified comparative fault regime where the responsiblity of all relevant parties is considered
A defendant's statutory violation is excused if '(a) it neither knew nor should have known the factual circumstances that rendered the statute applicable, or (b) the defendant's vi
In assessing the reliability of expert testimony, judges should consider the data and methods, not the conclusions

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Created Dec 19, 2010ReportNominate
Tags:case, davis, decision, law

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