課程名稱︰英美侵
課程性質︰法學組必修
課程教師︰葉俊榮
開課學院：法律學院
開課系所︰法律學系
考試日期（年月日）︰100/6/20
考試時限（分鐘）：100
是否需發放獎勵金：是
（如未明確表示，則不予發放）
試題 :
I. Quenstion One (50%)
Among the tort law cases that we read and discussed in this semester:
A.Some of them presented the issue of tort law consequences of regulatory
noncompliance, what are they and what's that about?
B.Some of them dealt with judicial announcements that mark a clear departure
from prior holdings, what are they and what's that about?
C.Some of them involved a clear departure from traditional qualitative analysis
towards a quantitative choice, what are they and what's that about?
II. Question Two (50%)
You step out of Tanya's office, wondering how to do the assignment, Well, it
is the kind of work that you have lone expected for, isn't it?
"It is only a shot, and my advice is to take it now!" Doctor X explained it
to you and your accompanying mother. This is something you recall while in the
high school when the federal government launched a national vaccination program
directed to the widespread infection of the New Flu I2U2. "Gee, lucky, I am OK"
Not Pat Robertson and others about your age who received that vaccination
around the same time. Pat alleged she got stroke due to the vaccination years
back. The same allegation has been around the U.S. after an article published
in the April/2011 issue of New England Journal of Medicine. Dr.Bill Schneider's
piece reads in part:
[N]ational vaccination program directed to the prevention of I2U2 in 1998
is believed to have a 35% chance of causing stroke. The weakened I2U2 virus
could have stayed in the tissue and turned active after some 12 years of
"sleep" when other internal or environmental conditions are met.
Smoking, taking oral contraceptives and frequent sex are believed to be
contributing factors to the problem.
Pat Robertson come to yourlaw firm (James, Pickering and Warner) and talked
to Tanya Warner (your boss, senior partner) in front of you about the
allegation. You later found out the national vaccination program was conducted
by FDA but the vaccine was provided by Doow, 5M, Ways, Liland and Johnson Jr.,
five pharmaceutical companies. A joint venture among these five companies,
after 5 years of research and human experiment, produced MINTANG, the first New
Flu I2U2 vaccine, and got a permit from the FDA for manufacture and marketing.
They marketed MINTANG in different brand names, however. When you investigate
the issue further, you found out MINTANG is regulated as a prescription drug
and the warning to physician reads in part:
MINTANG uses weakened I2U2 virus and thus there is a minamal but
unavoidable chance of developing blood clotting when in pregnancy, heavy
smoking or frequent sex.
You know these companies would try their best to buy themselves out of these
law suits. And that's why Tanya directed you do some prliminary investigation
legal analysis in a memo due to be on her table next Monday.
Please show me your memo before submitting it to Tanya...
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