Business Law - Quiz 3 (Ch 6 & 7)

The law that applies to ISPs and protects them from liability for posting defamatory statements from a third party is:

Communications Decency Act.

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

______ does not prevent an injured party from bringing civil charges against a defendant once they are found innocent in a criminal case.

Double jeopardy

Haji is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Haji will be prosecuted by

a district attorney or an attorney general.

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations' competitor Travel Inc., for a list of Travel's clients. This is most likely

commercial bribery.

Dana downloads music into her computer's cloud memory without authorization. This is:

copyright infringement.

Kohl receives from Lily a camera stolen from Mark. Kohl knows that the camera is stolen, and he intends to keep it. Kohl is

criminally liable.

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

embezzlement.

For ________ to succeed as a defense, both the suggestion and the inducement must take place.

entrapment

ConnectWeb, Inc., operates a subscription-based service that extends the software and data storage capabilities of its subscribers. This is an example of:

cloud computing.

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights. She says her reason is to promote the artists' work. This is an example of:

copyright infringement.

Web Invest Inc. buys and sells domain names with the click of a mouse. The high rate at which domain names change hands, and the difficulty in keeping track of mass automated registrations, have created a situation where:

cybersquatting can easily flourish.

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

grant Leo immunity from prosecution.

Pia registers a domain name—quallitytires.com—that is confusingly similar to the domain name qualitytires.com used by Quality Tires Inc. Quality Tires Inc. also owns the trademark of quality tires. Pia has a "bad faith intent" to profit from the domain name by selling it to Quality Tires. This would be:

illegal by cybersquatting.

Volatile Investments Inc. sends e-mail ads to all e-mail address they can find on the Web, or otherwise generate with software. Under the CAN-SPAM Act, Volatile's marketing method:

is prohibited.

Bud works at a Cheap Stuff Store from which, without authorization, he takes merchandise that he has not paid for home for his own use. This is

larceny.

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.

Mix Restaurant Corporation owns the trademark "Mix." Remix Café Company begins to use the mark without authorization as their domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that:

no proof is necessary.

The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is an example of:

peer-to-peer (P2P) networking.

More than half of the states have enacted some type of legislation that:

prevents employers from asking employees or prospective employees their social media passwords.

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

prohibited for the employer.

CallTalk Corporation, a phone calling service, uses its mark "calltalk" as its domain name. Later, Converse Inc. uses the domain name "caltalk" (a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell sexually explicit phone conversations. This is an example of:

trademark dilution.

Without authorization, Java Joe uses the trademark of The Best Coffee Company to help promote his cheap, flavorless coffee candy, which is not at all similar to The Best's products. Therefore it diminishes the distinctive quality of the coffee company's mark. This is an example of:

trademark dilution.

Afford Motors LLC, an auto broker, uses the trademark of Ford Motor Company in a meta tag without Ford's permission. This is an example of:

trademark infringement.

Ross registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand of sweet fried potatoes that has a domain name of sweetfriedpotatoes.com. This is an example of:

typosquatting.

Via the Internet, Britta enters false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is

a cyberterrorist

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

a license.

Rue obtains permission from Saga Corporation to use the firm's game app, Boggle, on their mobile devices. Rue does not obtain any ownership rights in the app. This is an example of:

a license.

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act (ACA), alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, their recovery may include:

actual damages and profits.

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

Sid offered the bribe.

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

a felony.

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct; a crime punishable by imprisonment up to one year. This crime is

a misdemeanor.

ABC Corporation wants to create something that will help protect their trade secrets and still allow communication between employees of all of their branches. What would be their best option?

an internal social media network.

Outsourcing Inc. registers a domain name that is the same as the trademark of Resourcing LLC, and offers to sell the name to the mark's owner, Resourcing LLC. This is an example of:

cybersquatting

Mobile Device Company (MDC) discovers that defamatory statements about its products are being posted in an online forum. NuView Inc., the Internet service provider, whose users are posting the messages, can disclose the poster's identity:

only when ordered to do so by a court.

Erica, 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 cause

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

within the employer's rights.

______ can excuse one from criminal liability under the theory of mistake.

Mistake of fact

Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitute

robbery.

Insider trading is a violation of _______.

securities law

______ states that all evidence derived from illegal means, normally must be excluded from the trial proceedings.

Fruit of the poisonous tree

__________ engages in financial transactions to conceal the identity, source, or destination of illegally gained funds.

Money laundering

Bruno buys and sells stocks and bonds. Bruno may be subject to penalties under the Racketeer Influenced and Corrupt Organizations Act

for the commission of securities fraud.

Chuck signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

forgery.

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. Payback Inc. should first:

gain unauthorized access to Q Web's servers.

Firms that violate the FCPA can be fined up to $2 million. Individuals can be fined up to _______, and imprisoned for up to five years.

10,000

Under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which of these would be allowed?

Mailing a seasonal coupon out to a previous customer.

Under _________, a court may impose criminal liability on corporate officers regardless of whether they participated in, directed, or even knew about a given criminal violation.

responsible corporate officer doctrine

Dean solicits investors for a nonexistent business, eApps. Dean is arrested and charged with "mail fraud." This requires intent to

defraud the public.

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible:

if it is shown to be reasonably necessary for BeFriend's business.