MGMT217

A company cannot receive trade dress control of a color in all uses.

True

A constitution is fundamental law which establishes the powers of the government and the limits of that power.

True

A firm can make a decision to either patent a product or make is subject to trade secret law, but using one generally eliminates the use of the other.

True

A long-arm statute is a state law that allows state courts to reach beyond the state to obtain jurisdiction over non-residents.

True

American common law dates back to colonial times.

True

An offer may be revoked before the offeree has a chance to respond to it.

True

Assault is intentional conduct that places a person in fear of immediate harm, but it need not actually involve personal harm.

True

Contracts created by intoxicated persons, or persons under the influence of drugs, are always voidable at their option.

True

If a contract is made under duress or undue influence, it may be disaffirmed because there was no real consent.

True

If you are driving and, because you are talking on your cell phone and not paying attention, you accidentally run into another car, you have been negligent.

True

If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely to apply.

True

If you promise to give $1 million to a church, which begins new construction based on your promise, you may be held legally obligated to make the gift even though there is no contract.

True

In a case alleging interference with a contractual relation, the defendant must have known the plaintiff had a contract with a third party.

True

A case involving in rem jurisdiction means a court has authority to control property such as a house, but does not include intangible property, such as stock in a company.

False

A suit involving a dispute for $1 million over a contract signed in California, for business to be done in California, under California law, with parties from two different states could only be tried in California courts.

False

A suit involving a dispute for $45,000 over a contract signed in California under California law with parties from two different states could be tried in federal court using California law or in a California court using California law.

False

Federal courts have jurisdiction over matters such as divorce if the parties to the case now live in separate states.

False

If a stranger tells you to invest all your money in a company, and you do, and it collapses, losing all your money, you have a good fraud suit against that person.

False

If someone calls you from a city in another part of the country and tells you they want to strangle you, there has probably been an assault.

False

Law is intended to be independent of the social values of members of society.

False

Law, as we know it today, was first developed in the middle ages.

False

Only federal statutes may violate the Constitution.

False

Privity of contract is a contract with an express warranty.

False

Suggestive trademarks are provided no legal protection.

False

Suggestive trademarks receive the highest level of legal protection for marks.

False

The tort of fraud requires the wrongdoer to intentionally mislead another party.

False

Wrongful use of intellectual property usually results in a tort suit for conversion.

False

Strict liability for defective products may arise from either an implied warranty or an express warranty.

True

To be liable of a tort in negligence, one must have owed a duty of care to the party who suffered an injury.

True

You return a lost dog to its owner. You did not know a reward was being offered for the dog. You do not have a legal right to the reward.

True

Commercial leases, compared to residential leases, tend to: a. be much longer b. be more likely to be of short duration c. be more controlled by state statute d. all of the other choices e. require the landlord to provide most interior furnishings

a. be much longer

The proximate cause of an injury is the ____ cause of the injury. a. legal b. definite c. foreseeable d. most likely e. probable

a. legal

Each year about one-half million tort suits are filed. Most are in ____ courts. a. none of the other choices b. appellate c. municipal d. federal e. small claims

a. none of the other choices

In New York Times Co. v. Tasini, involving the electronic database reproduction of previously published newspaper articles, the Supreme Court held that: a. none of the other choices b. electronic reproduction is not subject to the Copyright Act c. the publisher newspaper had the reproduction rights since they were "works for hire" d. the publisher newspaper had the reproduction rights as derivative works e. the publisher newspaper had the reproduction rights under the Copyright Term Extension Act of 1998

a. none of the other choices

Intentional torts: a. none of the other choices b. are based on careless actions of defendants c. only concern actions that inflict harm on humans d. are determined by state statute e. are determined by international statute

a. none of the other choices

The doctrine that protects judges from suits for damages for judicial acts is called: a. none of the other choices are correct b. the doctrine of judicial worth c. the doctrine of judicial cause d. the doctrine of judicial knowledge e. the doctrine of judicial privilege

a. none of the other choices are correct

Defenses to a negligent act include: a. none of the other choices b. assumption of the risk and comparative negligence c. comparative negligence d. existence of proximate cause e. assumption of the risk

b. assumption of the risk and comparative negligence

Businesses can: a. are always the plaintiff in intentional tort cases b. can be involved in both negligence and intentional torts c. only be involved in intentional torts d. are always the defendant in negligence court cases e. only be involved in negligence torts

b. can be involved in both negligence and intentional torts

A binding obligation that goes with property when it is transferred to a new owner, who must abide by the obligation, is called a: a. lien b. covenant c. mortgage d. possessory e. none of the other choices are correct

b. covenant

A burden on another person's estate is a(n): a. possession b. easement c. life estate d. fee absolute e. profit

b. easement

In Hinson v. N&W Construction, where Hinson submitted the low bid to N&W for plumbing work to be part of a larger construction project by N&W, but then refused to do the work when construction was started by N&W, the court held that Hinson: a. was not liable because there was no consideration paid by N&W to create a contract b. none of the other choices c. was liable to N&W for the value of the contract based on a breach of contract d. could not be relied upon by N&W because he was not licensed for such work e. was not liable because there was not a contract due to lack of proper acceptance by N&W

b. none of the other choices

Furniture, since it is movable, is an example of: a. taxless property b. none of the other choices are correct c. real property d. intangible property e. fake property

b. none of the other choices are correct

If a company attempts to steal the good name of another by using a well-respected name to sell their product they could be sued for: a. assault b. none of the other choices are correct c. patent violation d. easement violation e. battery

b. none of the other choices are correct

The United States Constitution is: a. the second highest legal authority; the executive is the highest legal authority b. none of the other choices are correct c. an understanding between the people and the government d. the second highest legal authority; the declaration of independence is the highest legal authority e. an unwritten document

b. none of the other choices is correct

A ____ occurs when one party to a contract enters into it with false information or accidentally makes an error in a significant matter. a. voidable mistake b. unilateral mistake c. consolidated mistake d. bilateral mistake e. known mistake

b. unilateral mistake

A(n) ____ is when one party to the contract has the right to avoid a legal obligation. a. executed contract b. voidable contract c. real contract d. formal contract with an escape clause e. parol evidence contract

b. voidable contract

Jennifer enters into a contract when she is sixteen. When she reaches the age of majority she may manifest her intent to be bound to the contract; that is, to ____ the contract. a. exculpate b. covenant c. none of the other choices d. adjudicate e. assert

c. none of the other choices

Under the strict liability doctrine, the focus is on the problems with the product, rather than: a. problems with the court process b. the rationality of the conduct of the manufacturer c. none of the other choices are correct d. the appropriateness of the conduct of the manufacturer e. integrity of the manufacturer

c. none of the other choices are correct

The American Law Institute's definition of strict liability has been revised in: a. the Restatement (Third) of Torts b. none of the other choices are correct c. the Second Amendment of the U.S. Constitution d. the Bill of Rights e. the Constitution

c. the Second Amendment of the U.S. Constitution

Intellectual property owners can sue for ____ if their intellectual property is used without authorization. a. hearsay b. slander c. battery d. infringement e. emotional distress

d. infringement

In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property: a. is owned by the person who runs the business b. owner owes the public no particular duty of care c. none of these d. is safe for public admission e. is surrounded by guards at all times

d. is safe for public admission

The term res ipsa loquitur means: a. the thing speaks to the court b. an event was the proximate cause of an injury c. the thing reveals the truth d. none of the other choices e. an event was the cause in fact

d. none of the other choices

A ____ is any word, symbol, device, or any combination of these that is used, or intended to be used, in commerce to certify regional or other geographic origin. a. property mark b. trade dress c. trade name d. none of the other choices are correct e. real mark

d. none of the other choices are correct

Which of the following is an example of personal property: a. patents b. land c. trees d. none of the other choices are correct e. buildings

d. none of the other choices are correct

Property interests are people's right: a. to sell property "without preconditions" b. to obtain property by the claimant process c. to advertise property d. to deny others the use of "things" in which there is a legal interest e. none of the other choices are correct

d. to deny others the use of "things" in which there is a legal interest

With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will: a. use a "risk standard" to help judge when liability should be imposed b. presume duty almost always exists where there is a risk of physical harm c. move away from the notion of the "substantial factor" d. rely less on the notion of proximate cause e. all the other choices

e. all of the other choices

____ are often used in place of a partnership or corporation. a. tax-avoidance trusts b. ultimate trusts c. corporation trusts d. private trusts e. business trusts

e. business trusts

Which of the following is an example of personal property: a. buildings b. patents c. land d. none of the other choices are correct e. furniture

e. furniture

Chattel is the traditional term for: a. real property b. patents c. livestock d. false property e. none of the other choices are correct

e. none of the other choices are correct

The orange exterior of Home Depot stores is an example of: a. a real mark b. a certification mark c. a service mark d. a patent e. none of the other choices are correct

e. none of the other choices are correct

__________ judges are the only federal judges not appointed by the president. a. district court b. US courts of appeals c. federal circuit court of appeals d. supreme court e. none of the other choices are correct

e. none of the other choices are correct

Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was: a. liable in tort law to consumers who bought the good under the rule of strict liability b. liable in tort law to any injured consumer if negligence by the producer could be shown c. liable in contract to all consumers who used the product under the rule of res ipsa loquitur d. not liable in tort or in contract law e. not liable unless there was a contractual relationship between producer and injured party

e. not liable unless there was a contractual relationship between producer and injured party

A constitution is best described as: a. the statutory law of the land b. the accessory law of the land c. the nuanced law of the land d. the supplementary law of the land e. the fundamental law of the land

e. the fundamental law of the land

For Amy's sixteenth birthday her parents give her money so she can make a down payment on a car she wants. She enters into a contract with a car dealer to make payments. This is a: a. unenforceable contract b. void contract c. valid contract d. none of the other choices e. voidable contract

e. voidable contract

The US Constitution created these three branches of federal government

executive, legislative and judicial