Law test 2

Crimes are private wrongs. T/F

false

Defamation liability requires publication of the defamatory statement to an appreciable number of people. T/F

false

During a "Terry Stop" officers may not conduct a pat down search of an individual without a warrant. T/F

false

For battery to exist, the victim must be aware of a harmful or offensive contact at the time that contact occurs. T/F

false

If one party threatens to commit battery on another individual tomorrow, then this is an assault. T/F

false

In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else. T/F

false

In the case of false imprisonment, the plaintiff must be under confinement for a long time.

false

The language of the Bill of Rights only refers to actions of the federal government so the protections of the Bill of Rights do not apply to state government action. T/F

false

The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff. T/F

false

There is no tort liability for fraud or deceit where the defendant did not actively make a false statement, but instead failed to disclose something. T/F

false

In an assault case, it is irrelevant: A. Whether the threatened contact actually occurs. B. Whether there is any intent or not C. Whether there is an apprehension o harmful contact. D. Whether there is any reasonable apprehension of imminent battery.

A

Melissa hurts a rock with the intention to his Dave, with whom she has just fought. The rock hits Stacey, instead, who is sitting next to Dave. Melissa is liable for battery under the clause of: A. Conversion B. Private nuisance C. Actual Malice D. Transferred intent

D

Store owners' "conditional privilege" defense against intentional tort claims brought by detained shoplifting suspects, recognized by most states, usually: A. requires that the store owner act with police consent. B. requires that the store owner act with written consent of suspects. C. requires that the store owner act on evidence against suspect. D. requires that the store owner act with reasonable cause.

D

The first amendment limits government power to enact and enforce criminal laws by prohibiting: A. Warrantless searches. B. Arbitrary discrimination among different classes of people. C. Cruel and unusual punishments. D. Laws that restrict freedom of speech.

D

What occurs during an arraignment of a criminal defendant. A. Defendant is informed of charges against them and pleads guilty or not guilty. A. Private Dwellings B. Offices C. Mail D. Items left in an open field.

D

Which of the following characterizes false imprisonment? A. Unintentional confinement of a person with consent B. Partial confinement of a person by blocking an exit, when several exist C. Intentional confinement of a person with consent D. Unfounded assertion of legal authority to detain a person

D

Which of the following characterizes false imprisonment? A. Unintentional confinement of a person with consent B. Partial confinement of a person by blocking an exit, when several exist C. Intentional confinement of a person with consent D. Unfounded assertion of legal authority to detain a person.

D

Which of the following characterizes searches? A. It is covered by the fourth amendment B. Warrants are not required for a search on private property. C. Consensual searches without warrants violate the Fourth Amendment. D. Customs searches are valid without a warrant.

D

Which of the following is a criticism of the U.S.A Patriot Act. A. It covers a narrow range of activities associated with terrorism. B. It does not permit warrants for "roving" wiretaps C. It delays the sanctioning of search warrants. D. It gives undue freedom to law enforcement agencies

D

Which of the following is NOT one of the four distinct torts that make up the invasion of privacy cause of action? A. Intrusion on Solitude B. Breach of Contract C. Public Disclosure of Private Facts D. False Light Publicity

B

Humorous or satirical accounts ordinarily are not considered to be defamation unless: A. a reasonable reader believes them to be real events. B. they are political in nature. C. the plaintiff can prove that they are about him/her. D. they expressly state so.

A

In a case of intentional interference, a defendant generally escapes liability when his contract interference: A. was guided by public interest. B. was defamatory in nature. C. was regarding prospective competitive advantage. D. was guided by a void bargain

A

In some states if the plaintiff in a negligence action substantially contributes to the harm at issue, then the plaintiff will not recover. This theory of negligence is called what? A. Contributory Negligence B. Premise Liability C. Criminal Negligence D. Negligence per se

A

Which of the following is also termed slander of title or a trade libel? A. Defamation B. Injurious falsehood C. Copyright violation D. Plagiarism

B

Ingmar wanted to buy Otto's land. Otto did not want to sell. In order to pressure Otto into selling the land, Ingmar brought a private nuisance lawsuit against Otto. In this case, Ingmar has probably committed the tort of: A. abuse of process. B. malicious prosecution. C. defamation. D. deceit.

A

Many courts have adopted a test in resolving the proximate cause question, under which a defendant who has breached a duty of care is liable: A. only for the "natural and probable consequences" of his actions. B. for all injuries sustained by the plaintiff. C. even for injuries caused by the plaintiff's negligence. D. for at least 50 percent of the damages.

A

_____ believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties. A. Utilitarians B. Ethical Pragmatists C. Virtue Ethics D. Deontologists

A

_____ to land may be defined as any unauthorized or unprivileged intentional intrusion upon another's real property. A. Trespass B. Nuisance C. Conversion D. Battery

A

________ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior. A. Intent B. Negligence C. Liability D. Battery

A

What is the main aim of commercial torts? A. To enable product creation for commercial purposes B. To provide immunity in cases of fraud C. To maintain standards of commercial morality D. To ensure smoother commercial negotiations

C

What is the term to describe a plaintiff's failure to exercise reasonable care for her own safety? A. Premises liability B. Strict liability C. Contributory negligence D. Assumption of risk

C

Most defamation cases brought by public official or public figure plaintiffs are won by the defendant, because the plaintiff was unable to prove: A. damages due to defamation. B. actual malice. C. defendant made the statements. D. the actual statements were untrue

B

Negligence cases that address duties that run from possessors of real estate (land and buildings) to those who enter that property are often called: A. special duty cases. B. premises liability cases. C. strict liability cases. D. negligence per se cases.

B

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action. This exception reflects the consideration of _____ in a negligence case. A. personal characteristics B. context C. special duties D. deliberateness

B

Corporations may be held criminally liable even in the absence of proof that high corporate officers ordered or acquiesced in the offense charged. T/F

true

Generally speaking, statements made during judicial proceedings are absolutely privileged and, therefore, shield against defamation liability. T/F

true

If one individual opens the mail of another without permission to do so, then the injured party can sue under the tort law theory of invasion of privacy. T/F

true

If one individual signed another's name to a petition for a political and social issue that the person had deep moral objection to, then that injured party could sue under the theory of invasion of privacy. T/F

true

In order to prove actual malice in a defamation claim, the plaintiff must show that the defendant had knowledge of the falsify of the statement. T/F

true

In the United States a defendant in a criminal trial is presumed innocent. T/F

true

Punitive damages are not meant to compensate victims for their injuries. T/F

true

Sounds the reverberate across the plaintiff's land are more likely to be classed as a nuisance than as a trespass to land. T/F

true

The eighth Amendment forbid cruel and unusual punishment T/F

true

The equal protection clause prevents states and the federal government from enacting criminal laws that discriminate against different clauses of individuals. T/F

true

in Miranda v. Arizona the united supreme court mandated that police officers have to give suspects a warming about their rights. T/F

true

In a copyright infringement case, the successful plaintiff may recover either the damages sustained by the plaintiff or the profits realized by the defendant, but not both. T/F

false

Nuisance involves the invasion of another's property. T/F

false

Owners of commercial property enjoy greater privacy expectation in their property for Fourth Amendment purposes than do owners of residential property. T/F

false

The fifth amendment guarantee indigent defendants the right to court-appointed counsel. T/F

false

Trademark protection in the United States is for 30 years. T/F

false

Voluntary intoxication usually serves as a complete defense to criminal liability. T/F

false

If an individual can foresee that his/her actions will cause a risk of harm to another, then the individual has a duty to protect that other person from harm. T/F

true

Obscene noncommercial expressions receive no First Amendment protection. T/F

true

Officers may conduct a warrantless search of an individual at the time o an arrest. T/F

true

The standard of proof in a tort case is the preponderance of the evidence. T/F

true

There is usually no liability of injurious falsehood for false statements that are made negligently and in good faith. T/F

true

Under the U.S.A Patriot Act, T/F

true

Unlike the inventions protected by patent law, copyrightable works need not be novel. T/F

true

Attendees of free public lectures and church services would be called: A. trespassers B. licensees C. invitees D. business visitors

C

Which of the following is most likely to be classed as a nuisance (rather than as a trespass to land)? A. Firing a machine gun through an adjoining landowner's airspace. B. Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land. C. Leaving smelly, unsanitary garbage on your ex-landlord's land after the expiration of your lease. D. Chasing another person onto an adjoining landowner's land.

B

. A trademark owner who wins an infringement suit may obtain a(n) _____ against uses of the mark that are likely to cause confusion. A. license B. assignment C. injunction D. writ

C

Which of the following characterizes section 43 (a) of the Lanham Act? A. It is a consumer remedy. B. It addresses everything except advertisements. C. It is available only to commercial parties. D. It creates a state law of unfair practices.

C

. Adam published his personal opinion about the current condition of politics stating, "Though the government is unable to fulfill the demands of the public, they demand votes; they really are beggars on streets." Can politicians sue him for defamation under tort? A. No, because as a general rule the material in a newspaper is totally exempted. B. Yes, because defamation in a newspaper is always a tort. C. Yes, because Adam wrote even though he did not have authority. D. No, because statements of pure opinion do not amount to defamation.

D

4. In a lawsuit for intentional interference with contractual relations, the existing contract includes: A. void bargains B. illegal contracts C. contracts to marry D. unenforceable contracts

D

. The "modified impact rule" does not require an element of direct physical contact. T/F

False

A patent granted on September 2, 1997 will be valid for 17 years from that date unless the patent was for an ornamental design. T/F

False

A tort is a civil wrong which is also the same as breach of contract. T/F

False

Generally, property owners do not owe a duty of care to trespassers, who regularly enter the land without authorization. T/F

False

In a case involving an ultrahazardous or abnormally dangerous activity, the plaintiff must prove recklessness on the defendant's part. Any lower fault standard would be unfair to the defendant in such a case. T/F

False

In a strict liability case, the plaintiff must prove that the defendant breached a duty. T/F

False

Negligence per se is defined as negligence where one party is a citizen of a foreign nation. T/F

False

Negligent defendants are never liable for the consequences of an unforeseeable intervening T/F

False

Television and radio broadcasts usually are classified as slander rather than as libel because they involve spoken words rather than written ones. T/F

False

The U.S. constitution allows ex post facto criminal laws. T/F

False

The doctrine of "Res ipsa loquitur" means the thing speaks for others. T/F

False

Under the principle of "Respondeat Superior" an employer is not liable for torts committed by employees. T/F

False

United States has adopted a "first-to-file" approach to patent law. T/F

False

Whatever the type of injury experienced by the plaintiff, the usual rule is that only punitive damages are recoverable in a negligence case. T/F

False

With a tort the government, either the state or federal government, prosecutes an individual for a harm to society. T/F

False

A patent can be transferred through an assignment to another party. T/F

True

Contributory negligence is an individual's failure to take care for their own safety. T/F

True

Even though no one else had developed an invention like that of the patent applicant, the application will be denied if, at the time of the invention, the invention would have been obvious to a person having ordinary skills in the area. T/F

True

In many cases, a blind person will be held to a different standard of reasonable care than a person who can see. T/F

True

Negligence is conduct by an individual that fails to protect others from the risk of harm. T/F

True

Proximate causation presupposes the existence of actual or but-for causation; you can't have the former without the latter. T/F

True

Public figure Pam sues a newspaper for defamation based on statements regarding her stand on a public issue. Pam must prove the newspaper's "actual malice" in order to recover any damages. T/F

True

Social guests are licensees in some states. T/F

True

Special duties that run from possessors of real estate to those who enter that property are called "premises liability" cases. T/F

True

The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior. T/F

True

What is the basic recovery for copyright infringement? A. Only the owner's actual damages B. Only the attributable profits by the infringer C. Owner's actual damages and the attributable profits of the infringer D. Punitive damages

C

When a court applies the exclusionary rule in a criminal case, it means that: A. The case will be dismissed. B. The defendant will be convicted C. The evidence will not be admitted at trial D. An arraignment will not take place.

C

Which of the following can recover damages for proven actual injury, but not presumed or punitive damages, by proving only fault? A. A public official plaintiff involved in a subject of public concern B. A public figure plaintiff involved in a subject of private concern C. A private figure plaintiff involved in a subject of public concern D. A private figure plaintiff involved in a subject of private concern

C

Which of the following characterizes a trademark? A. It includes generic terms. B. It is easier to transfer trademark rights compared to patent rights. C. Federal registration of a trademark lasts for 10 years. D. Descriptive marks are protected on the basis of their primary meaning.

C

Which of the following draws on the personal property right connected with a person's identity and her exclusive right to control it? A. Writing a political editorial on a public figure B. Signing a person's name on a petition that he/she is against C. Commercially using someone's name D. Spreading malicious gossip about a well-known person

C

Ann is troubled with the noise of the old generator set up by her neighbor Jose at his residence. The noise the generator makes is unbearable. Ann sues Jose for nuisance. Will she succeed? A. No, because it is reasonable noise. B. No, because generator is not her personal property. C. No, because she cannot interfere with Jose's personal matters. D. Yes, because the noise is interfering with plaintiff's use and enjoyment of land

D

Which of the following distinguishes a copyright from a patent? A. Copyrightable works need not be novel. B. Copyright law gives exclusive rights to the creator of a work. C. Copyright laws prevent others from using the work originally created by someone. D. There are proper copyright laws in the U.S

A

Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another? A. Employment reference B. Intracorporate communications C. Accurate media reports D. Opinion polls

A

Which of the following parties enter a property with the possessor's consent, but for his/her own purpose? A. Licensee B. Trespasser C. Invitee D. Attendee

A

_____ Is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender "toes the line" and meets other judicially imposed conditions for the period specified by the court: A. Probation B. Retribution C. Prevention D. Rehabilitation.

A

"Books are Us" (BU), a bookstore, is being sued for defamation after it sold a book containing false, defamatory statements about the plaintiff. What is BU's best defense to this lawsuit? A. BU is not the publisher of the book. B. BU did not intend to harm the plaintiff. C. BU had no knowledge of the contents of the book. D. BU did not violate any criminal law or regulation in selling the book

B

Today, trespassers who are injured while on someone else's land: A. never recover against the landowner in negligence. B. recover against the landowner in negligence only when this is permitted by statute. C. recover only when the possessor knows they are likely to trespass. D. recover only when the owner willfully and wantonly injures them after their presence is known.

C

. In some states that have eliminated assumption of risk as a separate defense; assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense. T/F

True

Patent law is always an area of exclusive federal jurisdiction. T/F

True

There is no international copyright that automatically protects a copyrighted work everywhere in the world. T/F

True

Under many "mixed" comparative negligence systems, a plaintiff recovers nothing where the plaintiff's own negligence was 50% or more responsible for the plaintiff's injury. T/F

True

Under the theory of negligence law, each person must act as a reasonable person of ordinary prudence. T/F

True

Unforeseeable acts are held to be an intervening cause. T/F

True

When Congress created the U.S. Sentencing comminsion and charging it with creating sentencing guidelines, congress sought (among other things) to decrease the discretion of judges in making sentencing decisions. T/F

True

A defendant's constitutional right to be free from compelled testimonial self-incrimination not only bars the prosecution from calling him/her as a witness at the trial of a criminal case against him/her, but also bars the plaintiff from calling him/her as a witness at the trial of a civil case against him/her. T/F

false

At a preliminary hearing in a felony case, the government must prove its case by the "Beyond a reasonable doubt" standard. T/F

false

Copyright protect is a state government action. T/F

false

The World Intellectual Property Organization is a leading provider of conciliation for bad faith action. T/F

false

The basic recovery for copyright infringement is only the owner's actual damages. T/F

false

The general rule on the duration of a copyright is that it lasts for 50 years from the time the copyrighted work was created and fixed in tangible form. T/F

false

Under the Restatement's fault requirement for injurious falsehood cases, the plaintiff must prove that the defendant possessed ill will or spite motives toward the plaintiff. T/F

false

A trademark is any word or symbol used by a seller to identify its products from the competition. T/F

true

A valid defense for battery is the free and intelligent consent given. T/F

true

Although the Lanham Act is the federal trademark statute, Section 43(A) of the statute may be invoked in various situations that do not involve trademark rights. T/F

true

Copyrights and patents cannot last forever and only have limited legal lengths. T/F

true

Customer lists are not patentable but may be subject to trade secret protection. T/F

true

Ms. Green is a teacher at a high school. She is teaching a class on civics and photocopies a chapter about government ethics by Mr. Blue. Ms. Green uses the photocopy to prepare a class discussion for her students and after the class she destroys the photocopy. Ms. Green is not guilty of a copyright violation. T/F

true

One may also challenge a patent's validity without first being sued for infringement by filing a declaratory judgment action that seeks a court ruling of invalidity. T/F

true

Patent infringement may occur even if the defendant's use did not involve a literal reproduction of the patented item. T/F

true

When a judge's sentencing decision is challenged on appeal, the governing standard will be one of reasonableness. T/F

true

. Jack had taken his girlfriend Jenny on a long drive. While driving on the highway, he suddenly had a severe headache and lost control of the car. They were hit by a passing car. The doctor had earlier warned Jack that he has a brain tumor, due to which he would experience occasional pains. Jenny sued Jack for negligence. Will she succeed? A. Yes, because Jack could reasonably foresee severe pain which might lead to accidents. B. No, because Jack did not intend to cause an accident. C. Yes, because Jack caused the accident. D. No, because she should have sued the driver of the passing car which hit them.

A

. What effect does the rule of res ipsa loquitur have in a negligence case? A. It creates a rebuttable presumption of breach of duty. B. It creates a non-rebuttable presumption of causation. C. It results in strict liability of the defendant. D. It results in strict liability of the plaintiff.

A

A copyright comes into existence upon the: A. creation and fixing of a protected work. B. creation of an idea. C. creation of a protected work. D. creation of a message

A

A defendant who is negligent is not liable for the unlikely or unforeseeable harm that results. This rule is called: A. the proximate cause. B. the distal cause. C. the just cause. D. the "but for" rule.

A

A firm claiming a trade secret must show that it: A. took measures to ensure secrecy. B. gave adequate compensation for the work. C. has a license to produce the product. D. has enough research to back the product.

A

A patent can be viewed as a contract between the inventor and who? A. The federal government B. The state government C. The consumer D. The International Office of Intellectual Property

A

A trademark is considered to be abandoned when: A. the owner fails to use it. B. it acquires a generic meaning. C. it has been obtained by fraud. D. it is suggestive or arbitrary

A

Although not a complete defense to criminal liability, ______ may diminish the degree of a defendant's responsibility in a crime. A. Voluntary intoxication B. Premeditation C. Infancy D. Insanity

A

Catherine decided to have lunch at Tom's, one of the most popular restaurants in town. She ordered soup before her main course as usual. The soup served to Catherine contained a maggot floating about in it. Fortunately, she noticed this before she had it. She sued Tom's for negligence. The most likely result will be: A. Catherine will not win since she did not sustain any damages. B. Catherine will not win as maggots in soup are foreseeable. C. Catherine will win if she proves emotional distress. D. Catherine will win because the restaurant failed to use due care.

A

Dave tells Dora that Phil, a financial advisor, has been stealing money from his clients. Dora then repeats Dave's statement to Tom, telling Tom that the information comes from Dave. All these statements are oral, defamatory, and false. Phil sues Dave and Dora for defamation. Which of the following is true? (Don't consider defenses and privileges). A. Phil can recover against Dave and Dora without proving special damages. B. Because Dora only repeated Dave's statement and identified Dave as its author, she can't be liable to Phil. C. Because Dave only communicated his statement to Dora, and not to an appreciable number of people, he can't be liable to Phil. D. Phil must prove special damages in order to recover against Dave and Dora.

A

Negligence "per se" is a legal rule that established a defendant's negligence when: A. a statute intended to protect persons like the plaintiff has been violated. B. the defendant intended to harm the plaintiff. C. the plaintiff intended to harm the defendant. D. both the defendant and the plaintiff intended to harm each other.

A

One day, Jon carelessly left a rake next to the sidewalk when he went to lunch. Deb, a customer of the bank, stepped on the rake as she walked next to the sidewalk and was injured. Which statement is most likely correct? A. The bank is liable for Deb's injuries. B. The bank is not liable for Deb's injuries, because she should have used due care. C. The custodian is liable for Deb's injuries but not the bank. D. The bank is not liable for Deb's injuries because the rake had a latent defect.

A

Pam and Deb were in a car accident. Deb went through a red light, hitting Pam from the side. Pam was driving 45 miles per hour in a 25-miles-per-hour zone. Pam sues Deb based on negligence for damages. If Pam loses the suit for speeding, which of the following is the most likely reason? A. The lawsuit was filed in a "contributory negligence" state. B. The lawsuit was filed in a "comparative negligence" state. C. Pam is uninsured. D. Pam's accident was seen as "res ipsa loquitur."

A

Parsons, a pedestrian watching a construction project, sees that a metal beam being lifted by a crane is about to drop on some unsuspecting workers. Thus, he rushes to the scene to warn the workers. For his efforts, he is struck by the falling beam. He sues the construction company for negligence. Which of the following is true? Assume that the falling beam was caused by a breach of duty on the company's part. A. Parsons will recover against the company. B. Parsons will recover, because it is foreseeable that a pedestrian would run onto the scene of an accident such as this. C. Parsons will not recover, because he knowingly and voluntarily assumed the risk of being struck by the beam. D. Parsons will not recover, because he should have instead sued the worker operating the crane

A

Rebecca goes for a ride in Owen's car, even though he has told her that the car's brakes frequently fail. In case of any injuries due to this defect, Rebecca would be said to have: A. an implied assumption of risk. B. contributory negligence. C. strict liability. D. negligence per se.

A

The _____ that the plaintiff is required to prove are his usual—and typically his only—remedy in injurious falsehood cases. A. special damages B. statutory damages C. compensatory damages D. punitive damages

A

The patent application must include a(n) _____ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention. A. specification B. drawing C. proposal D. idea

A

What is the term for bodily injury that can be recovered in a negligence action? A. Personal Injury B. Contract Injury C. Future damages D. Consequential damages

A

What section of the United States Constitution empowers Congress to promote progress of science by enacting copyright and patent laws? A. Article I § 8 B. Article I § 15 C. Article 2 § 5 D. Article 3 § 1

A

. Ann had gone hiking into the woods. On the way, one of the tires of her new car failed. Her vehicle was rendered inoperable. The road was deserted. Rick, a co-hiker was passing on the way. He abducted her and sexually assaulted her. Ann wants to sue the car company for negligence. Will she succeed? A. No, because she had voluntarily assumed the risk while passing through the deserted road. B. No, because Rick's sexual assault is an unforeseeable intervening cause. C. Yes, because the company has breached its duty. D. Yes, because the tire's failure only resulted in her injury.

B

. Homer's negligence caused an automobile accident with Bart. As a result of the collision, Bart's car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and is injured. Patty sues Homer. In order to avoid liability, Homer's best defense is that: A. there is no actual cause between the negligence and the injury. B. there is no proximate cause between the breach of duty and the injury. C. Bart's car was the one that collided with the telephone pole. D. the electrical power lines should not have fallen under the force of a car.

B

. Which of the following would have an argument to being exempted from using materials that were copyrighted? A. A business owner attempting to make money off the materials B. A news organization transmitting information to the public C. A consumer attempting to avoid paying for the materials D. An author who copies the materials to make money without permission

B

. _____ affords a remedy for the wrongful institution of criminal proceedings. A. Abuse of process B. Malicious prosecution C. Wrongful use of civil proceedings D. Deceit

B

. _____ is the plaintiff's voluntary consent to a known danger. A. Contributory negligence B. Assumption of risk C. Comparative negligence D. Negligence per se

B

A legal theory that imposes liability even if the defendant acts with all reasonable care and caution is called: A. assumption of risk. B. strict liability. C. superseding event. D. contributory negligence.

B

Amtul and Hassan were involved in an automobile accident. Amtul's car, worth $10,000 was destroyed. Hassan suffered no personal injuries or property damage. The case went to the court and a jury determined that Amtul was 30% at fault and Hassan was 70% at fault. Under what legal theory would Amtul be able to recover $7,000 from Hassan? A. Contributory negligence B. Comparative negligence C. Negligence per se D. Res ipsa loquitur

B

Any word, name, symbol, device, or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a: A. copyright. B. trademark. C. signature. D. patent.

B

How can a patentee transfer ownership of the patent to another party? A. Specification B. Assignment C. Delegation D. Infringement

B

Jill voluntarily uses Joe's lawn mower, even though Joe had told her that his mower frequently fails and can even cause accidents. In case of an accident, Joe has the defense of: A. contributory negligence. B. assumption of risk. C. comparative negligence. D. comparative fault

B

Most of the court's attention in trademark infringement cases is concerned with the: A. dispute over profits made by the defendants. B. likelihood of confusion over the trademark. C. time period of the trademark rights. D. generic nature of the disputed trademark

B

The defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent is called: A. defamation. B. conversion. C. interference. D. libel

B

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called? A. Strict liability cause B. Exculpatory clause C. Intervening cause D. Actual cause

B

Which of the following characterizes copyright transfer? A. Oral transfers are valid and recognized. B. Ownership can be retained while licensing part of the work. C. It leads to a transfer of ownership for that period of time. D. It allows everything except the performance of the work

B

Which of the following is NOT an element of the common law claim of negligence? A. The defendant owed a duty of care to the plaintiff. B. There were substantial monetary damages due to the actions of the defendant. C. The defendant committed a breach of his duty to the plaintiff. D. The breach committed by the defendant was the actual and proximate cause of injury to the plaintiff

B

Which of the following is true of 'invasion of privacy'? A. Public figures do not enjoy any right to privacy. B. There are four distinct torts related to it. C. It is a subject of the Second Amendment of the U.S. Constitution. D. Examining a person's public records amounts to an invasion of privacy

B

Which of the following is true of an injurious falsehood case? A. It is the same as a tort of defamation. B. The degree of fault required for liability is unclear. C. Damages for emotional distress are not recoverable. D. There is liability for false statements made in good faith

B

Which of the following parties enter a land without its possessor's consent and without any other privilege? A. Invitees B. Trespassers C. Guests D. Licensees

B

Which of the following sometimes serves as an alternative to claims of trademark infringement? A. Trademark abandonment B. Trademark dilution C. Trademark protection D. Trademark disparagement

B

Which of the following statements is true of copyright? A. Copyrights and patents last forever. B. There are different copyright rules for pre and post 1978 works. C. Congress enacts copyright rules under the WIPO. D. Copyrights for a work-for-hire last for 50 years.

B

Which type of marks is most likely to be registered for trademark protection? A. Suggestive B. Arbitrary C. Descriptive D. Generic

B

You are walking down a street and you pass by a beer brewery. A barrel rolls out of a third story window and injures you. You have no idea how this accident occurred, and you will have difficulty proving that the brewery was at fault. What legal theory will serve you best if you sue the brewery? A. Negligence per se B. Res ipsa loquitur C. Strict liability D. Battery

B

An essential element of the tort is that the alleged defamatory statement must be "of and concerning" the plaintiff. Why? A. It is extremely difficult to prove. B. It places a burden on the defendant. C. It aims to protect reputation. D. It concerns public figures

C

Carlos has written a novel. He wants to protect his intellectual property with a copyright. What must he do first? A. He must apply to the U.S. Copyright Office for a copyright. B. He must produce a certificate that he is the original author. C. He must put the novel in some tangible form, like a hard copy or a compact disc. D. He must certify that his story is original and novel.

C

Today, a "tort reformer" is someone who wants to: A. help more injured plaintiffs recover more money. B. make tort law more clear, coherent, and rational through uniform legislation. C. deal with the "insurance crisis" by limiting plaintiffs' ability to recover damages. D. get rid of negligence law and replace it with strict liability

C

Eleanor Rigby is an employee of Strawberry Fields Music, Inc., a firm that specializes in the preparation of original music for possible use by advertisers in TV and radio commercials. In January 2000, Rigby wrote a song that is protected by copyright. She wrote the song as part of her regular duties as a Strawberry Fields employee. Rigby and Strawberry Fields did not have a written agreement concerning ownership of the copyright on the song. In February 2000, Rigby and Strawberry Fields published the song by making large numbers of copies available to the public. Statements A through D deal with ownership of the copyright on the song and with the duration of the copyright. Which statement is legally accurate? A. Rigby owns the copyright, which will expire 50 years after her death. B. Rigby owns the copyright, which will expire in 2100. C. Strawberry Fields owns the copyright, which will expire in 2075. D. Strawberry Fields owns the copyright, which will expire 50 years after Rigby's death.

C

How long is the legal temporary monopoly that present patent laws provide to the inventor after the filing of the patent application? A. Ten years B. Seventeen years C. Twenty years D. The lifetime of the inventor.

C

In case of conflict of ownership between employee and employer over a trade secret, the employer is normally held to be the owner when: A. the employee agreed to divulge or use trade secrets. B. other employees had no contribution in the work. C. the employee was hired to do work related to it. D. the employee was not given adequate compensation for the work.

C

In general, liability for defamation requires: A. widespread communication of the defamatory statement. B. communication of the defamatory statement from the plaintiff herself. C. publication of the defamatory statement. D. the identification of the source of the defamatory statement.

C

In which of the following cases is it most likely that a plaintiff will only have to prove negligence on the defendant's part to recover for defamation? A. Statements that a U.S. Senator had someone killed while in office. B. Statements that Madonna had someone killed. C. A statement that you or I murdered an innocent person during a robbery. D. A credit report on a construction contractor.

C

Patent _____ occurs when a defendant, without authorization from the patentee, usurps the patentee's rights by making, using, or selling the patented invention. A. assignment B. licensing C. infringement D. violation

C

Patrick sues Derek for negligence. At the trial, it is determined that Patrick's negligence was 40% responsible for his injury, and Derek's negligence was 60% responsible. Patrick's losses total $10,000. Under a pure comparative negligence system, he will recover: A. nothing. B. $4000. C. $6000. D. $10,000

C

Phil decided to rescue Bobo, the dancing bear, from a traveling circus that was closing its business. Although Bobo was a well-behaved grizzly bear, Phil took great caution to make sure that Bobo would not escape from his yard by reinforcing the yard's fence with steel and padlocking the gate. One day, without notice, Bobo rushed the fence, knocked the padlock off the gate, and escaped from Phil's yard. Bobo lunged at a young child in the neighborhood, injuring him. Based on these facts: A. Phil will be liable, only if he breached a duty of due care owed to the child. B. Phil will be liable if the harm that resulted to the child was foreseeable to Phil. C. Phil will be liable, regardless of the steps that he took to secure the yard. D. Phil will most likely not be liable.

C

Questions of proximate cause assume the existence of _____. A. intervening cause B. strict liability C. actual cause D. comparative fault

C

Susan was hired by Teddy & Co. as a sales woman. However, the management on seeing her intelligence and capabilities allowed her to use the office library and research facility to create an inventive product. Susan now wants to patent the product in her own name. This is not permissible under the: A. doctrine of equivalents. B. respondeat superior doctrine. C. shop right doctrine. D. doctrine of assignment.

C

The damages recoverable in a patent infringement case cannot be less than: A. court costs and interests. B. reasonable royalty for the invention by the creator. C. reasonable royalty for the use of the invention by the infringer. D. three times the damages actually suffered, and to be decided by the court

C

The difference between a public figure and a private one regarding defamation cases is that: A. only the public figure can file a case. B. the private figure generally loses such cases. C. the public figure has to prove "actual malice." D. the private figure does not enjoy conditional privileges.

C

The effort by legislatures to cap monetary damages in civil cases is called what? A. Constitutional Reform B. Criminal Reform C. Tort Reform D. Contract Reform

C

Which of the following is generally true regarding the tort of conversion? A. It involves both real property (land and interests in land) and personal property. B. As its name implies, conversion always involves the transformation of the plaintiff's property into something else—e.g., its destruction, alteration, etc. C. A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft. D. Conversion involves all interferences with the plaintiff's property rights—whether serious or nonserious.

C

Which of the following is most likely to involve both defamation liability and liability for putting a person in a false light? A. Saying that a philosopher favors Plato's philosophy over Aristotle's, when in fact the reverse is true. B. Falsely saying that an anti-abortion activist favors a candidate that is conservative and is antiabortion. C. Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old. D. Signing a conservative Christian clergyman's name to a petition advocating greater sexual freedom for homosexuals which the clergyman supports the petition in private.

C

Which of the following is protected by copyright laws in computer programs? A. Organization B. Structure C. Source code D. Presentation of information

C

Which of the following permits a firm to register a trademark in all its signatory nations simultaneously by filing an application for registration in any signatory nation and was joined by the United States in 2003? A. The Berne Convention B. The Paris Convention for the Protection of Industrial Property C. The Madrid Protocol D. The Kyoto Protocol

C

Which of the following personal traits or conditions will not change the normal reasonable person standard to which defendants are subject? A. Blindness. B. Deafness. C. Voluntary intoxication. D. Childhood.

C

Which of the following serves essentially the same function as a magistrate's probable cause determination? A. Arraignment B. special deterrence C. Indictment D. Incapacitation.

C

6. In order to qualify as a trade secret, it must: A. be developed through research. B. be known to the general public. C. be the work of a company. D. possess sufficient value or originality

D

A trade secret differs from a patent, in that, a trade secret: A. grants a monopoly to the creator. B. stimulates creative activity. C. is guarded by the creator. D. is nonpublic by definition.

D

A(n) ______ shields the author of a defamatory statement regardless of his/her knowledge, motive, or intent. A. demurrer B. transferred intent C. intentional tort D. absolute privilege

D

According to the CTEA, the protection period for pre-1978 works is: A. 50 years. B. 65 years. C. 75 years. D. 95 years

D

Fred Sweet runs dancing classes for middle-aged and elderly people. Some of Fred's customers lack physical coordination, and injuries from kicks, falls, etc. are common. Fred naturally fears that injured customers will sue him for negligence. Thus, he makes each customer sign a written contract containing a clause relieving Fred of all liability for injuries suffered during his dancing classes. However, fearful that he will lose business if potential customers become aware of his strategy, Fred states the clause in fine print and doesn't point it out to them. An injured customer sues Fred in negligence. Fred wants to defend on the basis of the clause in the contract. Which of the following is the biggest weakness in Fred's position? A. That Fred tried to use an exculpatory clause at all, because such clauses are invalid on public policy grounds. B. That Fred tried to use an exculpatory clause to relieve himself of negligence liability. C. That Fred has superior bargaining power, which makes the customer's acceptance of the exculpatory clause involuntary. D. That Fred used a fine-print exculpatory clause, which means that the customer lacked knowledge of the clause's existence.

D

Goods lawfully bearing trademarks or using patents and copyrighted material but entering the American markets without authorization are called _____. A. counterfeit goods B. Shanzai goods C. black market goods D. gray market goods

D

Libel is distinct from slander, in that, libel: A. involves views on public figures. B. involves only content in print. C. involves only content on the Internet. D. is more permanent in nature

D

People who engage in abnormally dangerous activities: A. are liable only if they are negligent. B. are liable only if they intended to cause harm. C. are liable only if they consciously disregard the risks inherent in that activity. D. are liable even if they are not at fault.

D

State X has a "Sunday Closing Law" making it a crime to operate a retail business on Sundays. The law's legislative history reveals that it was enacted to promote respect for the Sabbath by all the people of the state, and thus to promote public decency and morality. One Sunday, Judy Smith slips on a puddle of spilled soft drink at Joe's Hamburger joint (which is operating in violation of the statute), and suffers an injury to her spine. The soft drink would not have been spilled if the store had not been open on Sunday. Judy sues Joe in negligence. One part of her complaint relies on the doctrine of negligence per se. Under the doctrine of negligence per se: A. Judy will recover because the spilled drink posed a reasonably foreseeable risk of harm, and Joe failed to eliminate that risk. B. Judy will recover because Joe violated the Sunday Closing Law. C. Judy will not recover because she was not within the class of persons intended to be protected by the statute. D. Judy will not recover because she did not suffer harm of a kind that the statute was intended to protect against

D

The common law has, traditionally, allowed plaintiffs to recover for libel without proof of _____. A. punitive damages B. criminal damages C. liquidated damages D. actual damages

D

The doctrine of res ipsa loquitur can be translated as: A. "you may have the body". B. "to show, prove, or ascertain". C. "by what warrant". D. "the thing speaks for itself"

D

The most important example of strict liability principles in modern legislation is: A. Road safety legislations B. Environmental acts C. Disabilities acts D. Workers' compensation acts

D

You are standing on a street corner. A truck belonging to the Safety First Trucking Co. (SFTC) carrying radioactive nuclear waste has a tire blown out, which causes the truck to overturn near you. Radioactive waste escapes from the truck and covers half your body. As a result, you suffer serious medical harm. What legal theory of recovery that is available to you will not require you to prove that SFTC was at fault? A. Negligence B. Express warranty C. Implied warranty D. Strict liability

D

The owner of a theatre negligently failed to install the requisite number of emergency exits. During the show of Shakespeare's Macbeth, one of the intoxicated viewers got carried away and burned himself. The entire hall was ablaze. There was only one emergency exit. Thus many people were killed in the stampede. Will the theatre owner be liable for negligence? A. No, because the intervening cause of an intoxicated viewer burning himself absolves the theatre owner's liability. B. No, because the viewer's reaction was completely unforeseeable by any reasonable man of ordinary prudence. C. Yes, because the harm was foreseeable and the owner cannot escape his liability. D. Yes, because though the harm was unforeseeable, the owner still cannot escape his breach of duty.

D

Troika Corp. owns an apartment complex at which break-ins and prior instances of criminal activity had occurred. However, no security-related measures have been adopted. As a result, a criminal intruder easily enters the complex and physically attacks a tenant. Which of the following is true regarding the case? A. Troika has no liability for breach of duty. B. Troika is liable only for actual cause. C. Troika is liable only for proximate cause. D. Troika is liable for proximate and actual cause.

D

What allows a defendant to be held liable for infringement even though the subject matter he used contained elements that were not identical to those described in the patentee's claims of invention, but nonetheless, may be seen as equivalent to those of the patented invention? A. Literal infringement B. Double jeopardy clause C. Strict liability D. Doctrine of equivalents

D

What can the plaintiff usually elect to receive in lieu of the basic remedy in a case of copyright infringement? A. Punitive damages B. Liquidated damages C. Special damages D. Statutory damages

D

Which of the following characteristics is NOT considered by the court to determine the "reasonableness of the risk"? A. Magnitude of the foreseeable harm B. Social utility of the defendant's conduct C. Personal characteristics of the defendant D. The defendant's subjective mental state

D

Which of the following characterizes the transfer of trademark rights? A. It is much easier than transferring patent interests. B. They may only be assigned to another person. C. They cannot be sold unless it involves a sale of goods. D. An uncontrolled license is generally not advised.

D

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)? A. Using binoculars to look from your apartment into a neighbor's bedroom. B. Tapping someone's telephone, because this is a nonphysical intrusion. C. Examining someone's bank account. D. Examining public records concerning a person

D

Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears? A. The physical arrangement and ordering of pieces of factual information on pages in a reference book. B. The melody of a song. C. The dialogue spoken by actors in a TV commercial. D. The theme of a short story.

D

Which of the following is most likely to involve liability for violating the so-called "right of publicity"? In each case, assume that the plaintiff's name, likeness, work, etc. was appropriated without the plaintiff's permission. A. Using the work of an unknown artist to illustrate the T-shirts one makes and sells. B. Using the picture of the owner to sell beer at a pub. C. Using a picture of a race car to sell chewing tobacco. D. Using Madonna's name to sell women's apparel.

D

Which of the following is true of patents? A. Patents fall under the jurisdiction of state laws. B. Naturally occurring things are patentable. C. Abstract ideas are not patentable. D. U.S. patent laws have changed since the mid-1990s.

D

Which of the following kinds of marks are denied placement on the Principal Register? A. Those which are geographically descriptive B. Those containing fanciful names C. Those consisting of surnames D. Those consisting of government insignia

D

Commercial speech receives what form of protection under the first Amendment: A. intermediate protection B. Full constitutional protection C. Minimal protection D. No protection

A

Rachael was arrested by the police on suspicion of possession of a controlled substance. She was informed of her Miranda Rights. Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation. Her confession is: A. Admissible, according to Supreme Court precedent. B. Inadmissible because it was obtained in violation of her fourth amendment rights. C. Admissible, according to the "search incident to a lawful arrest" exception to Miranda. D. Inadmissible because it was obtained in violation of her fifth Amendment rights.

A

Strict liability offenses: A. dispense with the requirement of proof of any criminal intent on the part of the defendant. B. are so classified because the punishments imposed on violators are especially harsh in comparison to the punishments for other criminal offenses. C. impose liability on a defendant for the act of another party. D. are commonly criticized on the ground that a person may not be convicted of such an offense without being shown to have committed a wrongful act.

A

The ________ Amendment protects against compelled testimonial self-incrimination by establishing the "[n]o person..... shall be compelled in any criminal case to be witness against himself" A. Fifth B. Fourth C. sixth D. Eighth

A

What is the basic remedial device in cases of Fourth Amendment violations? A. Exclusionary rule. B. Due process clause C. Habeas Corpus D. Counterclaim

A

What is the standard of proof that the plaintiff must satisfy in a tort case? A. Preponderance of the evidence B. Beyond-a-reasonable-doubt C. Benefit of assumption D. Burden of proof

A

What occurs during an arraignment of a criminal defendant. A. Defendant is informed of charges against them and pleads guilty or not guilty. B. Both the prosecutor and defense select a jury for trial. C. the prosecutor and defense argue over the admissibility of key evidence. D. The jury delivers its verdict of the case.

A

What type of damages is awarded to an injured party in a tort case to cover damages for the harm that the injured party suffered. A. Compensatory damages. B. Punitive damages C. Criminal fines D. Liquidated damages

A

When conducting an investigation of terrorism federal authorities seek warrants from what court? A. FISA court B. Federal District Court for the District of Columbia C. The international Criminal Court D. The UN High Court on Terrorism

A

Which United States Supreme Court case indicated that the searches incident to arrest exception does not permit a police officer from searching a smart phone of an individual who was arrested without a warrant? A. Riley V. California B. Miranda V. Arizona C. Maryland V. King D. Marbury V. Madison

A

A(n) ________ is a serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude. A. Misdemeanor B. Felony C. Tort D. Infraction

B

According to the law, crimes are statutory offenses; this essentially means that: A. It must be proved that the crime is dangerous or detrimental to society. B. A behavior is not a crime unless a state legislature has criminalized it. C. The prevention of crime should include deterrence and rehabilitation. D. Courts may assess punitive damages in order to punish the wrongdoer.

B

Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun. For approximately three weeks, officer Roy Holt had had probable cause to believe that Alex Hood, a private citizen, possessed an arsenal of machine guns in his apartment. Acting on this probable cause but without a warrant, Holt knocked on the door of Hood's apartment and asked Hood if he could come in to talk to him. Hood let Holt in. Then, without Hood's consent, Holt began searching the entire apartment. Holt found several machine guns in the bedroom closet. He arrested Hood for an alleged violation of the statute mentioned above. In a pretrial motion, Hood's attorney has asked that the court apply the exclusionary rule and suppress the evidence yielded by Holt's search of Hood's apartment. Should the evidence be suppressed? A. No, because Holt had probable cause to believe that Hood had the machine guns in his apartment. B. Yes, because the unconsented search did not fall within the exceptions to the general rule that warrantless searches are unreasonable. C. No, because Hood voluntarily allowed Holt to enter the apartment and because the machine guns were in plain view in the closet. D. Yes, because the search, though warrantless, was conducted by an officer who was acting to further the public's safety.

B

Average Corp. was convicted of violating the federal mail fraud statute due to the activities of some of its employees, who had used the U.S. mail to perpetrate a fraudulent scheme designed to advance the otherwise legitimate business interests of Average. Average has appealed, arguing that its conviction should be set aside because the employees in question were relatively minor officials of the company and were acting without the knowledge or consent of any high-level corporate officer. In addition, Average argues that the involved employees were acting in violation of a longstanding and well-known Average policy against fraudulent schemes. Should Average's conviction be set aside? A. Yes, because Average could not have had the necessary mens rea. B. No, because the involved employees were acting within the scope of their employment and for the benefit of Average. C. No, because nothing in the facts indicates that Average should qualify for the protection of the due diligence defense recognized by most courts. D. Yes, because high-level corporate officers must be involved and they were not involved. Here in order for criminal intent to be imputed to the corporation.

B

The Double Jeopardy Clause: A. establishes that a person cannot be prosecuted by the state for a state crime after being acquitted of a federal crime, if the two alleged crimes involved essentially the same facts. B. protects criminal defendants from having to undergo more than one prosecution by the same sovereign for the same criminal offense. C. establishes that a single criminal act with multiple victims cannot result in more than one criminal prosecution. D. bars a private plaintiff from pursuing a civil case against the defendant who was criminally prosecuted for the same alleged conduct.

B

The Equal protection clause is derived from which amendment to the U.S. constitution. A. First B. Fourteenth C. Tenth D. Second

B

The _____ Amendment forbids cruel and unusual punishments. A. First B. Eighth C. Fourteenth D. Fifteenth

B

The necessary intent for assault is the same as the required for battery, which is the cause: A. Loss of reputation B. Offensive contact C. Conversion of one's property D. Contractual breach

B

The standard of proof in a criminal case is: A. Proof by a preponderance of the evidence. B. Proof beyond a reasonable doubt. C. Proof that there is " more likely than not" D. proof beyond the presumption of innocence.

B

Which of the following is slander rather than libel? A. A defamatory statue B. An oral defamatory statement C. A defamatory magazine article D. A defamatory TV broadcast

B

Which off the following is guaranteed by the Sixth Amendment? A. The right to remain silent B. The right to a speedy trial by an impartial jury C. The right to refuse custodial interrogation D. The right to refuse unreasonable searches.

B

_____ are intended to punish flagrant wrongdoers and to deter them. A. compensatory damages B. Punitive damages C. Liquidated damages D. Tort Damages.

B

_______ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses. A. Recidivism B. Rehabilitation C. Retribution D. Probation

B

Davis throw a dagger at Smith, intending to kill Smith. However, the dagger misses Smith and strike the hat on Potter's head. The dagger does not make contact with Potter's body. Unharmed but finding the whole thing offensive, Potter sues Davis for battery. Which of the following is most True? A. Davis is not liable because he did not intent to make contact with Potter. B. Davis is liable to Potter for Negligence C. Davis is no liable because Potter did not suffer any physical harm. Davis is liable to Potter for battery

D

"White-collar crime" is the term used to describe a wide variety of offenses committed by: A. the average working class. B. poor Americans. C. businesspersons. D. juveniles.

C

A defendant's act must have been prohibited by statute at the time he/she committed it and the penalty imposed must be the one provided for at the time of his/her offense. This essentially indicates: A. Encouragement or deterrence laws. B. The presence of nulla poena sine lege laws. C. Prohibition of ex post facto criminal laws. D. The presence of retributive justice.

C

A(n) _______ is a formal change signed by the prosecutor outlining the facts supporting the charges against the defendant. A. Booking B. Indictment C. Information D. Arraignment

C

Jack was an employee of ABC Corp. Harry, the president of ABC, had reasonable grounds to believe that Jack had stolen money from the corporation. ABC fired Jack. One month later, Jack applied for employment at DEF Corp. The vice president for Human Relations at DEF contacted Harry and asked about Jack's performance at ABC. Harry responded, "I believe that Jack stole money while working here". DEF declined to hire Jack. Jack later discovered what Harry had said, and is now suing Harry for defamation. What is the likely outcome of this case? A. Jack will win because Harry's statement harmed him. B. Jack will win because Harry did not have absolute proof that Jack had stolen money. C. Harry will win because he had a conditional privilege to make that statement. D. Harry will win because he had an absolute privilege to comment on a former employee's performance.

C

Kathy was accused of securities fraud. During the government investigation, she destroyed relevant documents. Under the Sarbanes-Oxley Act of 2002, Kathy may: A. be civilly but not criminally liable for the destruction of documents. B. face fines but not prison for the destruction of documents. C. face fines and/or a maximum of 20 years in prison. D. be considered a "whistleblower."

C

Most serious crimes require mens rea, or criminal: A. Behavior B. Violation. C. intent D. Prosecution

C

The Racketeer Influenced and Corrupt Organizations Act's (RICO's) most controversial sections allow: A. federal prosecutors to seek pretrial orders freezing a defendant's assets. B. the government to seek injunctions against future racketeering activities. C. private individuals to recover treble damages for a statutory violation. D. government intervention in white-collar crimes.

C

What is recidivism? A. A special theory of deterrence B. A quasi-criminal offense punished by light fines C. Repeat offenses by previously punished offenders. D. Attempts to change the behavior of convicted offenders.

C

What tort defined in Restatement (second) of Tort requires behavior that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency"? A. Battery B. Assault C. Intentional infliction of emotional distress D. Conversion of property.

C

What tort defined in the Restatement (Second) of Torts requires behavior that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency"? A. Battery B. Assault C. Intentional Infliction of Emotional Distress D. Conversion of Property

C

Which of the following is a provision of the Sarbanes-Oxley Act of 2002? A. It imposed a maximum of 15 years of imprisonment as punishment for the destruction of documents. B. It decreased the maximum term of imprisonment for mail fraud and wire fraud to 15 years. C. It provided legal protection for corporate employees who act as whistleblowers. D. It shortened the statute of limitations period within which certain securities fraud cases may be filed.

C

______ is the failure to use reasonable care, with harm to another party occurring as a result. A. assault B. Recklessness C. Negligence D. Liability

C

57. The expansion of corporate criminal liability in imputing the criminal intent of employees to the corporation falls under the scope of: A. mens rea. B. presumption of innocence. C. double jeopardy. D. respondeat superior.

D

64. Which of the following characterizes the Computer Fraud and Abuse Act (CFAA)? A.It is a statute enacted by a state legislature. B. It imposes only civil liabilities in fraud cases. C. It imposes only criminal liabilities in fraud cases. D. It imposes liabilities in cases concerning interstate commerce.

D

Agreements under which corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities are called: A. non-prosecution agreements. B. plea agreements. C. deferred guaranty agreements. D. deferred prosecution agreements.

D

Assume that a state, acting through the appropriate country prosecutor, plans to initiate a felony prosecution against Joe Beck. Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text. Which of the following is an accurate statement? A. if a preliminary hearing is held and the judge conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the judge (who resided over the preliminary hearing) will find Beck guilty and sentence him accordingly. B. If the prosecutor decides to follow the information route to initiating the felony prosecution, Beck is entitled to insist that a grand jury be convened to determine whether he should be prosecuted by the state. C. If a preliminary hearing is held, the state must prove Beck's guilt beyond reasonable doubt in order to carry its burden of proof at the preliminary hearing stage. D. If a preliminary hearing is held and the magistrate conducting it concludes that there is probable cause to believe that beck committed the charged felony, the magistrate binds over the defendant for trial in the appropriate court.

D

Infraction: A. Involve significant moral culpability on the offender's part. B. Are not punishable by fines. C. Are a serious crime. D. Are not punishable by confinement in jail.

D

Which of the following is true about the Fifth Amendment and the production of records? A. It would allow a Bogus Inc., officer who has custody of Bogus records to resist a subpoena demanding production of those records if the contents of the records could incriminate that officer personally. B. It would prevent a sole proprietor from being compelled to produce his/her business records if the act of producing such records was not testimonial in nature. C. It may be asserted by a corporation, partnership, or other collective entity on the same basis that an individual human being could assert it. D. It does not protect "required records" from being subpoenaed and used against the record keeper in criminal prosecutions.

D

Which of the following is true of the foreign Intelligence Surveillance Act (FISA) A. It was enacted as a result of the U.S.A Patriot act B. It has not been amended after its enactment. C. It prohibits surveillance or monitoring without a warrant. D. It has expanded the government's ability to monitor the phone calls of suspected terrorists.

D

_______ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived. A. Duress B. Recklessness C. Exculpation D. Negligence

D

the Fourth Amendment to the U.S. constitution: A. Protect persons against all searches and seizures B. Provides protection to places or items as to which the Court found no reasonable expectations of privacy such as open fields and personal bank records. C. Provides protection to matters such as voluntary conversations between criminal defendants and government informants. D. protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

D

Special deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses. T/F

False