acct 2700 test 2

One good defense against strict product liability is that

the goods were altered after they were sold

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is

the privilege against self-incrimination

13. 14. Question WorkspaceCheck My WorkMarket-share liability is a

theory used to divide damages among multiple distributors of a harmful product

Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can

track individuals' Web browsing activities

A criminal defendant has the right to confront accusers and to present his or her own witnesses

true

Crimes are offenses against society as a whole

true

If a defendant can succeed in convincing the court that a plaintiff's injury resulted from a commonly known danger, the defendant normally will not be liable

true

If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court

true

In a criminal case, the state must prove its case beyond a reasonable doubt

true

Individuals who frequently buy and consume supersized portions of food will not succeed in lawsuits against the manufacturers if they become overweight.

true

Many states require the sender of an e-mail ad to tell recipients how to opt out of receiving future e-mail ads from the sender.

true

The U.S. Constitution provides safeguards that apply not only in federal but also in state courts

true

Using another's trademark as a meta tag may be permissible.

true

Because many products cannot be made 100 percent safe for all uses, sellers are only liable for products that are

unreasonably dangerous

Beau devises a scheme to send fraudulent e-mails—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Beau intends to obtain money and personal data. This is

wire fraud

Odell is an employee of Packing Corporation. She uses social media in a way that violates her employer's stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is

within the employers rights

Why can't you sue the manufacturer when a sharp knife cuts you?

Because there is a commonly known danger of cutting oneself when using a knife

When a manufacturer argues that it engaged in reasonable quality control efforts, that argument will act as a sufficient defense in a strict product liability lawsuit

False

In a strict product liability lawsuit, who has to show why or in what manner the product became defective

No one

_____ occurs when courts look at the risk of harm from a product as designed compared to the utility to the user and to the public.

Risk-utility analysis

7. Question WorkspaceCheck My WorkAcme, Co. was using dynamite to blast rocks at a quarry. They exercised all reasonable care, but Tom was still injured by a piece of debris. Acme can be held strictly liable for Tom's injury

True

If a defective product injures a bystander, the bystander can sue the manufacturer for strict liability.

True

In a strict product liability lawsuit, the product must be in a defective condition when the defendant sells it

True

The doctrine of strict product liability applies to suppliers of component parts

True

Without establishing cause in fact, a plaintiff cannot succeed on a claim even if she proves injury

True

Haute Dawgs Corporation allows its trademark to be used as part of a domain name for Haute Dawgs NY Inc., an unaffiliated company. Haute Dawgs NY does not obtain ownership rights in the mark. This is

a license

Because of the loss of significant amounts of revenue as a result of unauthorized digital downloads, file-sharing has created problems for

all of the choices

Each of the following is an example of a manufacturing defect except:

conformity with design specifications

Jade transfers selected musical recordings, without the copyright owners' authorization, through her phone to her friends. Jade does not charge her friends for this "service." This is

copyright infringement

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights to the illustrations and stories. This is

copyright infringement

Khan, the owner of Lakeside Park, trusts Moira to manage the resort's daily cash flow. One night, without Khan's knowledge or consent, Moira takes and keeps $1,000 from the receipts. This is most likely

embezzlement

A social media post is not subject to discovery in litigation

false

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar

false

Cybersquatting is legal when the person offering for sale a domain name that is the same as another's trademark intends to profit from the sale.

false

Federal law permits the sending of unsolicited commercial e-mail to randomly generated e-mail addresses.

false

In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty

false

One of the purposes of criminal law is to compensate the victims

false

When the defense of comparative negligence is successful at trial, it completely absolves the defendant of liability

false

Payback Inc. discovers that defamatory statements about its policies are being posted in an online forum. Q Web Inc., the Internet service provider whose users are posting the messages, refuses to reveal the users' identities. To obtain those identities, Payback should initially

file a suit against the anonymous users.

Chic signs Del's name, without authorization, to the back of Del's paycheck, which was issued by Earth Foods Market. This is

forgery

When a user or customer is injured because of fraudulent misrepresentation, the seller must have:

intended to induce the buyer's reliance on the misrepresentation

Assumption of the risk

is a viable defense in a product liability action

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed

larceny

Sales Corps Inc. provides tablets for its employees to use "in the ordinary course of its business." Sales Corps intercepts the employees' business communications made on these devices. Under the Electronic Communications Privacy Act, this is

permissable

Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

probable cost

In product liability suits, statutes of limitations normally are set by

state law

________ often allow for unlimited liability for manufacturers of defective products, no matter how far in the past

statutes of limitation

Syd offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Syd is charged with the crime of bribery. The crime occurred when

the bribe was offered

Prodigious Profit, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by

the companies that own the sites and the apps.

CallTalk Corporation, a phone-time seller, uses its mark "calltalk" as its domain name. Later, Converse Inc. uses the domain name "callltalk" (a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell sexually explicit phone conversations. This is

trademark dilution

The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud

true

In a product liability action , a contractual relationship between the manufacturer and the injured plaintiff must exist before the plaintiff can sue the manufacturer in court.

False

Gunter installs a large glass door in his house and then runs into it, breaking his nose. Gunter sues the manufacturer, because he was not warned about the possibility of such an injury. Will Gunter prevail in his lawsuit?

No, because everyone knows that people may run into glass doors; therefore, the manufacturer does not have to provide such a warning

Privity of a contract

The relationship that exists between the promisor and the promisee of a contract.

Anyone can circumvent encryption software or other technological antipiracy protection without penalty

false

Employers are prohibited from taking actions against employees or applicants based on their social network postings

false

File-sharing can be used to download others' stored music files without raising copyright issues

false

Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods

false

In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privac

false

Larceny involves force or fear, but robbery does not

false

Seymour is accused of a crime. To obtain information about the crime from Seymour, the state can

grant Seymour immunity from prosecution

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

if the evidence is "fruit of the poisonous tree."

Halogenics, Inc., manufactures a medical device that is heavily regulated by the government and has to undergo a rigorous pre-market approval process. Halogenics can use the following defense if it is sued:

preemption

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

robbery

The doctrine of strict product liability does NOT apply to which of the following

Advertising agencies

In which of the following situations would strict liability apply:

-A person keeps a tiger as a pet, which bites a guest in the person's home -A company who transports highly flammable gases but exercises reasonable care at all times

Select the TWO public policy reasons from the following list for the application of strict liability in product liability cases

-Manufacturers can better bear the cost of injury -Manufacturers should bear the cost of injury as an operating expense since it is profiting from its activities

Morabido mails registered letters, sends e-mails, and places ads in local newspapers where it sold a defective weed killer. Huntington knows of the recall but ignores it, applies the weed killer to his crops, suffers damages, and sues. Which defense can Morabido use at trial?

assumption of risk