Acct 215 #2

What international agreement established standards for international protection of trademarks?

Madrid Protocol

A Petty Offense is a subset of which of the following?

Misdemeanor

Which of the following is not eligible for a copyright?

News

What is the domain name of www.iastate.edu?

iastate.edu

How can you use another's trademark legally?

obtain a license

The duration of a patent is ______

20 Years

In which of the following situations would the fair use factors be the least likely to protect a professor?

A professor shows an entire movie in his class after charging admission to see the movie

Under the common law, which of the following is a not a required factor for proving a case of defamation?

A reasonable person would have been offended by the statement

Of the following, which would an inventor or business not want to protect under trade secret law?

A simple recipe

Harbor, aid, or concealment a person who has committed a crime is the definition of

Accessory after the fact

What is the prohibited wrongful act in a criminal case called?

Actus Reus

trademark dilution

An unauthorized use might dilute the value of the owner's trademark. Whereas infringement requires another party using the same or a confusingly similar mark on competing or related products, trademark dilution allows the owner of the mark to prevent third parties from using the mark on completely unrelated products where there is no likelihood of confusion.

What can you put a trademark on?

Colors Emblems Strong mark products

The textbook lists all of the following as types of patents, except:

Construction patent

Assume Horace invents a new device which will revolutionize the medical field. Horace writes a user manual for the device. Horace wants to protect the manual he wrote. Horace should protect the manual with a

Copyright

What is the right of an author or originator of a literary or artistic work, or other production that falls within a specified category, to have the exclusive use of that work for a given period of time?

Copyright

The Fair Use factors are applied in cases of potential

Copyright infringement

credit card fraud

Credit card fraud is committed when, without authorization, a criminal uses a credit card holder's information to obtain a benefit with such information.

In cyberspace, trademarks are sometimes referred to as what?

Cyber marks

According to the textbook, phishing, punishable by more than one year in prison, would be considered a

Cybercrime

cybersquatting

Cybersquatting refers to a party registering a domain name that was identical or very similar to a well-known mark and attempting to resell that do-main name to the mark owner for a profit.

Which of the following best describes arson?

Destroying one's property with fire and or explosives

fanciful marks

Fanciful marks are those that did not exist in the language prior to their use as a mark, such as "Exxon" or "Kodak."

Assume Marissa is an employee of HighTimes Incorporated. Marissa reports to the vice-president of marketing. The vice-president reports directly to the CEO of the company. If the vice-president of the company orders Marissa to commit a crime, and she does, which of the following statements is true?

HighTimes Incorporated could be held criminally liable

The party that owns the intellectual property of rights and issues the license is called the

Licensor

1st degree felony charge has a maximum sentence of?

Life in prison

Sarah is the leader of an organized drug-selling ring. In order to safely obtain profits made from her illegal business, she opens up a nail salon through which her drug money flows. This is an example of what kind of crime?

Money Laundering

mens rea

Most crimes require a certain culpable (blameworthy) mental state in addition to the actus reus. The legal term for a guilty mind is mens rea. Mens rea can be broken down into two categories: specific intent and general intent. Ex. Returning to the previous example, if Bob is angry with Bill and intends to punch him in the face in order to hurt him, then Bob would have the necessary mental state to be convicted of the battery. However, let's suppose that Bob and Bill were walking down an icy sidewalk when Bob slipped. In his attempt to break his fall, Bob reached out and accidentally hit Bill in the face. In this example, Bob committed the same act (hitting Bill in the face), but he did not have any blameworthy intent, so he would not be prosecuted for battering Bill.

phising

Phishing is the act of accessing another's computer with the intent to use information from that computer to commit a fraud.

Elaina has created a new product which she hopes to release next year. The product is a unique mirror used in operating rooms of hospitals. Elaina is worried because there is an existing product called the Extender in the market that is somewhat similar. If Elaina files for patent protections, the Extender might be considered

Prior art

Existing information and concepts that prove a patent's claims or components are not new or novel is referred to as

Prior art

Fourth Amedment

Protection against unreasonable search and seizure Requires probable cause warrants

Which of these would be easiest to claim protection for?

Strong marks

The Holy Trinity includes all protections except?

Suggestive Marks

According to the book, which of the following treaties or agreements specifically prevents a country from giving preferential treatment to its own citizens versus citizens from other countries when it comes to granting intellectual property rights?

The Agreement on Trade Related Aspects of Intellectual Property (TRIPS)

What is the legal difference between trademark infringement and trademark dilution?

Trademark dilution generally requires a famous mark

Crimes occurring in the business context are usually called?

White-Collar Crimes

Which of the following types of fraud requires the use of an electronic communication?

Wire fraud

world intellectual property organization

World Intellectual Property Organization (WIPO) is governed by the United Nations and oversees PCT applications

What is the act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner?

cybersquatting

Continuation-in-part application

which is similar to a continuation application. However, claims to the new subject matter in the continuation-in-part application are treated as filed on the date the continuation-in-part application was filed as opposed to the date on which the first patent application was filed, and new subject matter (new drawings, description, etc.) may be added to the continuation-in-part application.

miranda rights

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?" Once in custody, the Supreme Court has ruled that a person may not be questioned unless he or she is first advised of certain rights. You may be familiar with these rights, called Miranda rights, from the frequent depiction of them on TV crime shows.

US v Park (1975)

1974, John Park part of food store charged with Fed Food, Drug and Cosmetic Act of 1938 for allowing food to be contaminated and then shipped interstate commerce court of appeals appealed case to Supreme court held that Park, by virtue and position had responsibility to ensure sanitation of food.

Ponzi Scheme

A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors.

What can be protected under the Copyright Act?

A cartoon

mistake of fact

A common defense against a specific intent crime is "mistake of fact." There is a well-known legal maxim that says "ignorance of the law is no excuse," and generally that is true. A defendant can usually be held criminally liable even if the defendant was not personally aware that there was a criminal statute prohibiting the act. However, a mistake about the facts may be a defense for some crimes

trade secret

A trade secret is knowledge not known to the public or reasonably ascertainable that provides some economic advantage to the owner and that the owner treats as a secret.

trademark

A trademark generally refers to a name, logo, tagline, symbol, or other distinguishing characteristic of a product or associated with the product

All of the following are white collar crimes except

Arson

immunity

As part of a plea agreement, the accused may also ask for immunity, or a promise from the government not to prosecute some or all of the crimes charged, in exchange for the accused's willingness and cooperation in catching and testifying against others engaged in even more serious crimes

Assume Randy believes a customer in his store is attempting to steal certain products. Randy wrestles the customer to the ground and shoves the customer into a locked storeroom until the police arrive. It turns out Randy was wrong. The customer was not attempting to steal anything. Assuming Randy acted unreasonably, the customer might be able to sue Randy for

Battery and false imprisonment

Ryan registers a famous trademarked company name as an internet domain name. He is hoping the owner of the famous trademarked name will offer him large sums of money for the domain. According to our textbook, what Ryan has done can be defined as

Cybersquatting

Assume Natalie is an attorney for Bella Corporation. Bella Corporation gives Natalie a check for 5,000 dollars. The money is to pay for postage and other related expenses incurred by Natalie while representing Bella Corporation in a products liability lawsuit. Natalie uses the money to instead pay for her daughter's birthday party. Natalie then repays the money to the client account before anyone notices. Based on these facts alone, Natalie has committed the crime of

Embezzlement

Any evidence that is obtained in violation of the accused person's constitutional rights is automatically excluded is known as what?

Exclusionary Rule

An exception to liability for copyright infringement is made under the ___________.

Fair Use Doctrine

forgery

Forgery is the making or altering of a writing with the intent to defraud another. The most common example is signing someone's signature without the person's permission

This is the act of stealing information such as name, date of birth, or Social Security number and then using those to gain the victim's financial assets

Identity theft

grand jury

In federal courts, if the crime is a felony, the accused has a constitutional right to a grand jury. This means the prosecutor must present evidence to a panel of citizens, who decide if there is enough evidence to proceed.

Steve is at a bar and was drinking with friends. Mike gives him a contract to sign and Steve then owes him $100,000. What defense protects Steve?

Intoxication

The following was at issue in the in the Mazer case

Lamp statuettes

larceny

Larceny is the taking and carrying away of another's tangible property with the intent to deprive the person of such property.

Which of the following statements is not considered defamation per se? Assume all statements are untrue and published to a third party.

Lisa is an attorney who got a divorce because she was never home with her family

Big Joe has been falsely reporting income that he obtained from an illegal activity as income from a legitimate source on his federal income tax return. What crime has Big Joe committed?

Money laundering

money laundering

Money laundering occurs when illegally obtained money is channeled through legitimate people or accounts in order to mask its criminal origins.

Martha learns that Pepsi has invented a new soft drink called Kewl Kiwi. Martha learns about the soft drink through Pepsi s website. Martha decides that she is going to purchase some shares in Pepsi before Kewl Kiwi is sold in stores. Martha has committed

None of the above

How often is voluntary intoxication a good defense?

Rarely, unless you were intoxicated to the point of being out of one's mind

Which of the following legal concepts prevents the government from bringing a criminal lawsuit against a defendant after a certain period of time has lapsed?

Statute of limitations

The US patent and trademark office (USPTO)

The US Patent and Trademark Office (USPTO), which is under the US Department of Commerce, has the authority to grant patents in the United States.

first-sale doctrine

The first-sale doctrine requires the patent owner to relinquish all rights in an individual article after an authorized sale so that the purchaser is free to use or resell that article without any restrictions.

theft of trade secrets

The theft of trade secrets involves the intentional taking, copying, or using of another's trade secrets with the knowledge that the owner of the trade secret will be injured by such action.

patent cooperation treaty (PCT)

There is a type of international patent application that is valid in nearly 190 countries. This international patent application is a result of the Patent Cooperation Treaty and is called a "PCT application."

A(n) __ is a distinctive mark, motto, or device that can protect a business name, product name, or a mark associated with a business?

Trademark

A(n) _____ is a distinctive mark, motto, or device associated with a business.

Trademark

The famous Nike symbol referred to as the Swoosh would be an example of a

Trademark

Tomato Company wishes to sue Veggie Corp. Veggie Corp has been using Tomato's trademarked product name "Tomato Fresh" without Tomato Company's permission. Customers are confused as to whose product they are buying. Tomato Fresh is not a famous mark. Tomato's best theory of recovery would be based upon

Trademark infringement

Which of the following describes a certification mark?

Used by one or more persons, other than the owner, to certify the characteristics of specific goods or services

Stan was at a bar where he drank too much alcohol. He became intoxicated on his own accord. He then took his friend's car thinking it was his own car. Stan's intoxication may help prove which of the following defenses if charged with the crime of larceny?

Voluntary intoxication

Assume Tabitha uses a copyrighted research paper as an integral part of her essay for her Literature 220 class. Tabitha cites the research paper properly in her essay. Which of the following is not a factor of the fair-use analysis discussed by the book?

Whether the original author was cited

embezzlement

embezzlement occurs when a fiduciary is lawfully entrusted with personal property of an-other and then fraudulently takes or uses that property for his or her own gain. For example, assume Kathleen is employed as an accountant at Fastpace Corp. Kathleen is entrusted with paying the company's bills. She abuses her power by fraudulently paying her husband, who has not provided any services or resources to the company. Kathleen was entrusted with the company's assets but fraudulently used them for her own gain, so she has committed the crime of embezzlement. Furthermore, it is important to note that she has committed embezzlement even if she intends to repay her employer

Which trademark includes made up words?

fanciful marks

plea

The accused can enter a plea of not guilty, guilty, or in some cases, nolo contendere. If the accused enters a not-guilty plea, then the case is docketed for trial. If the plea is "guilty" or "nolo contendere," then the judge will schedule the case for sentencing. A plea of nolo contendere is a plea in which the defendant does not admit guilt but does not contest the charges; Latin for "I do not wish to contend."

Assume Craig visits a local car dealership to buy a used car. While walking through the car lot owned by the dealership, Craig trips on a crack in the cement parking lot. In order for Craig to sue the dealership for the tort of negligence, Craig must prove all of the following except:

The car dealership knew of the crack in the cement

continuation application

The continuation application is virtually identical to the first application except for the claims. This allows the inventor to pursue the broad claims in the continuation while simultaneously enjoying an issued patent on the narrower claims.

actus reus

The criminal act, often called the actus reus, or guilty act, is the act, or in some cases an omission of an act, that society has deemed unlawful.

The tort of negligence requires

The defendant to owe the plaintiff a duty of care

The term trade dress refers to

The image and overall appearance of a product

insanity

The insanity defense, despite its popularity on TV shows and in movies, is a relatively uncommon and a very difficult defense to establish. Instead of negating an element of the offense or providing a justification or excuse, an insanity defense instead results in a special verdict. Instead of being acquitted and going free, an insanity defense, if successful, results in a verdict of "not guilty by reason of insanity," and the accused is then committed to a mental institute.

Nikolas is in custody and being questioned by the police. Which of the following statements are true?

The police must read him his Miranda Rights before questioning him or the evidence of his statements might be excluded at trial

Assume Pepsi Company tells an employee to hack into the computer system of rival Coca Cola to steal Coca Cola's secret formula. Pepsi is successful. Pepsi has most likely committed the crime of

Theft of trade secrets

nonobvious

To be nonobvious means the invention cannot simply be a combination of prior art teachings that when combined are a simple compilation. For example, Michael has a new invention. He takes a computer screen and mounts it to a desk. Michael has potentially a new invention if no inventor has done this before. However, his invention appears to be obvious based upon prior art teachings from computer screens and desks.

useful

To be useful is a very low bar only requiring that the invention be useful for its intended purpose. Nearly any credible usefulness (inherent in the invention or explicitly recited in the application) will suffice. For example, a watch that tells time in dog years meets this requirement if it does indeed tell time in dog years

Which of the following torts requires a contract be breached?

Tortuous interference with a contractual relationship

Norton Enterprises has unique product packaging for its products. The packaging has a specific color and other distinguishing features that make it memorable. Based upon these facts alone, the packaging of a product may be protected under the concept of

Trade dress

trade dress

Trade dress refers to the aesthetic of a product or its packaging. For example, the decor and general look of a restaurant. Trade dress generally refers to the aesthetic of a product or its packaging and may be legally protected if it serves as a source identifier

What is the difference between trade names and trademarks?

Trade names refer to a business name and not necessarily to a trademarked name; trademarks are protected under federal and state law and act as identifiers of a product

How are trade names different from trade marks?

Trade names refer to business name; trade marks apply to products

Which of the following forms of intellectual property would be least likely to be licensed by its owner to numerous users?

Trade secret

Assume Jerry has created a new type of manufacturing process which he thinks will revolutionize the way rubber tires are manufactured. Jerry is interested in protecting his intellectual property for as long as possible. Jerry does not wish to make his process known to the public. He believes the process is complicated enough that most manufacturing employees he hires will not understand the process being utilized. For potentially perpetual protection, Jerry should protect his manufacturing process using

Trade secret law

In the case of Dalmatia Import Group v. FoodMatch Inc, which of the following forms of intellectual property was at issue?

Trade secrets

Tim's store and Tom's store use the same mark on competing or related goods or services. This use by both stores often confuses the consumers as to the origin of those goods and services. Assume Tim trademarked his mark and Tom just copied Tim's trademark. This is an example of?

Trademark Infringement

James Nike has been selling hamburgers at his restaurant. The burgers are called the Big Nike. Nike Corporation, the maker of famous footwear, would like to sue James. Customers know that the hamburgers have nothing to do with the famous name Nike trademarked b y Nike Corporation. Nike's best theory for recovery would be

Trademark dilution

trademark infringement

Trademark infringement exists when a party uses a mark associated with goods or services and that party's use of the mark is likely to cause customer confusion as to the source of those goods or services

Which of the following forms of intellectual property attempts to protect distributors of products from having competitors use a confusingly similar name or mark?

Trademarks

Alex enters on the land of Horace with the intent to take Horace's prized cat. Alex is unable to find the cat so he leaves without taking anything of value. While on Horace's land, Alex causes damage to the door of Horace's house. Alex most likely committed the tort of

Trespass

According to the textbook, an artisan's lien is a defense raised against the tort of

Trespass to personal property

Assume Madison hides her roommate Kelly's textbook for class. Madison thinks this is a funny thing to do. She also wants to get a better grade than Kelly. Based upon these facts alone, Madison has most likely committed the tort of

Trespass to personal property

Which of the following cases illustrated the Responsible Corporate Officer Doctrine?

US v. Park

burglary

Under the common law, burglary is the breaking and entering into the dwelling house of another at NIGHT with the intent to commit a felony.

robbery

Under the common law, robbery is the taking of a person's tangible personal property by force, intimidation, or threat of violence with the intent to deprive them of that tangible personal property. The taking must be from the person or in the person's presence to be considered robbery.

active inducement

Under the theory of active inducement, one who distributes a device (software in this case) with the intent to induce infringement is liable.

Jeff submits a patent application to the USPTO. The USPTO is concerned as to whether or not anyone will be interested in buying Jeff's invention. Under patent law, whether the marketplace will demand the product is a consideration regarding a product's

Usefulness

Deanna has an idea for a new invention. The invention will steam clean clothes in less than 10 minutes. Deanna should protect the design of her invention with a

Utility patent

If Austin creates a new machine for use in his manufacturing business, Austin should consider protecting the invention with a (an)

Utility patent

Sarah has an idea for a new electric tooth brush which she hopes to sell in the United States only. The tooth brush will be novel in its function. Sarah should protect the function of her invention with a

Utility patent

Which of the following does not necessarily require knowledge on the part of the infringer?

Vicarious infringment

Nick is at a bar when an undercover police officer buys him a shot of alcohol. Nick feels really good after taking the shot of alcohol so Nick decides to drink more alcohol. The police officer then asks Nick whether or not Nick would like to steal a car. Nick agrees but is too intoxicated to understand the consequences of his actions or what he is really doing. He steals a car the police officer shows him sitting behind the bar with its keys in it. Nick is then arrested and charged with larceny. Based upon these facts alone, his best defense is

Voluntary intoxication

In some cases it may be fair to use something that is copyrighted. This is determined by the fair use factors. Which of the following is not a fair use factor?

What type of person used the copyrighted material?

defense of laches

When defendants raise the defense of laches, they are asserting that the patent owner waited too long to bring the infringement claim

general deterrence

When someone commits a crime, society has an interest in punishing the lawbreaker such that other members of society see the harsh consequences and are deterred from breaking the law themselves; this is referred to as general deterrence

Rebecca owns a beauty supply store. One day a customer named Melissa enters the store during business hours and slips after stepping in a puddle of spilled shampoo. Melissa suffers a broken arm because of her fall in the store. The shampoo bottle had fallen from a shelf after another customer had knocked it off a shelf while reaching for a bottle of hairspray. Based upon these facts alone, which of the following questions will be the hardest for Melissa to prove if she sues Rebecca for negligence?

Whether Rebecca breached her duty of care Slipping on spilled shampoo is a foreseeable outcome of having spilled shampoo on your store floor. What the problem does not tell us is whether or not the defendant breached their duty of care. It might be that they were running to get a mop bucket or a wet floor sign. We need to know more about whether or not they acted reasonably.

Which of the following is not a question asked when trying to determine whether or not the tort of negligence has been committed?

Whether the plaintiff could foresee the consequences of a breach of care? "Whether the plaintiff could foresee the consequences of a breach of care?" - this should actually say "defendant" instead of "plaintiff."

Jessica is hired to tell her story after being arrested and unlawfully detained in a foreign country while on spring break. Jessica writes a 200 page novel for Masterson Publishing. Jessica's work would be referred to under Intellectual Property law as a

Work for hire

Assume Jerry is fired from his job after his boss lies about Jerry's job performance. Jerry would like to sue his employer and not his boss. Based upon these facts alone, Jerry should most likely bring a lawsuit against his former employer for

Wrongful termination

Assume Jeremy is angry at his former employer. Jeremy was fired two weeks ago for joy riding on the floor waxing machine. Jeremy decides to break into the office building where he used to work. Jeremy attempts to burn the building to the ground. While inside the office building Jeremy steals the secret recipe the company uses to make its best selling hot sauce. Using our textbook's definitions, what crimes might Jeremy have committed?

`Theft of trade secrets

model penal code

a model set of criminal statutes that many states have adopted, to varying degrees. The Model Penal Code provides several levels of mental intent: purpose, knowledge, recklessness, and negligence.

service mark

a service mark refers to the same subject matter when associated with a service provided. An example of a trademark is the name "Sony," and an example of a service mark is the name "Expedia.

specific deterrence

aims to persuade the individual lawbreaker to refrain from committing crimes in the future so as to avoid additional punishment.

work for hire

certain works are considered a "work for hire," and their copyright term extends for the shorter of 120 years after creation or ninety-five years after publication. A work will be a work for hire under copyright law if the author was an employee and prepared the work within the scope of the author's employment, or if the author and a party with whom the author is contracted expressly agree in writing that the parties intend for the work to be a work for hire.

plant patents

cover newly invented strains of asexually reproducing plants Utility and plant patents last for twenty years from the date of filing Because an inventor may also protect new strains of asexually reproducing plants with a utility patent, plant patents are rarely used.

design patents

cover the nonfunctional ornamental aspects of the invention design patents last for fourteen years from the date of issue

utility patent

cover the way something functions or the specific arrangement of parts Utility and plant patents last for twenty years from the date of filing

organized crime

covers a wide range of criminal activities that are coordinated by a central power structure, such as a powerful Mafia crime family. Businesses can be part of the organized crime, either by being a front for clandestine illegal activity or by laundering illegally obtained money and making it appear that it was earned honestly.

What amendment prohibits double jeopardy?

fifth

Misdemeanor

generally misdemeanor crimes are those crimes for which the maximum punishment is a year in jail or less

The agreement on trade related aspects of intellectual property rights (TRIPS agreement)

highlights the fact that intellectual property (and the respect for the intellectual property rights of others) is not only of great importance to fully developed economies but also to economies in the developing world. The TRIPS Agreement is administered by the World Trade Organization, and any member thereof is bound by the TRIPS Agreement. TRIPS applies to patents, copyrights, trademarks, and certain trade secrets. The TRIPS Agreement requires that member countries not treat domestic owners of intellectual property more favorably than nondomestic owners, and that nondomestic owners have the same access to legal procedures and tribunals as domestic owners enjoy when seeking to exercise their rights.

merger doctrine

holds a criminal defendant cannot be convicted of lesser included offenses and the greater offense ex. criminal defendant who is found guilty of second-degree murder cannot also be convicted for first-degree murder, as second degree murder is a lesser included offense of first-degree murder

property crimes

include crimes committed against the property of another, such as burglary, larceny, arson, or forgery.

An arbitrary term:

includes terms that have nothing to do with the product

What is property resulting from intellectual, creative processes? (patents, trademarks and copyrights are examples)

intellectual property

mail fraud

mail fraud occurs when someone uses the US Postal Service to make a false representation to obtain an economic advantage.

beyond a reasonable doubt

means the trier of fact cannot have any reasonable doubt the defendant is guilty. This is a much higher burden and much more difficult for the government to prove than a preponderance of the evidence

Preponderance of the Evidence

means the trier of facts, judge or jury, finds it is more likely than not that the defendant is liable

What are words inserted into a website's key-words field to increase the site's appearance in search engine results?

meta tags

the racketeer influenced and corrupt organization Act (Rico)

passed in 1970 by the US Congress with a specific goal of targeting the Mafia by enabling prosecutors to charge the "bosses" of a criminal organization with the crimes of their underlings under the theory that all the criminal acts were part of a large "criminal enterprise."

rehabilitation

seeks to improve or correct the criminal's character or behavior so he or she can reenter society and meaningfully contribute to the community without committing other crimes. Rehabilitation programs can take many forms, including drug treatment, psychological therapies, and job-training programs.

general intent

sometimes a person may act out of carelessness or neglect and act in such a way that causes harm to society; this is referred to as general intent. Those with general intent can still be held criminally liable for their actions, though typically the punishment will not be as severe

Berne convention

the Berne Convention, which is an international treaty for copyright, provides international protection for copyrights of citizens of any member country. That is, if a US author owns a copyright, every country that is a signatory to the Berne Convention must recognize that copyright in each member country.

Intellectual Property

the broad term that generally refers to products of the human creative spirit such as inventions, creative works (e.g., songs, plays, visual media), trademarks and service marks, trade secrets, and other know-how. Intellectual property generally derives its value from a characteristic other than its physical properties.

In a criminal case, when is the jury's verdict given?

the jurors are unanimous

patent infrigement

the making, using, selling, offering for sale, or importing into the United States the invention as defined by the claims of the patent. When a party performs one of these acts without the permission of the patent owner or a license from the patent owner, that party is considered to infringe the patent. This is referred to as direct infringement and does not require the party's knowledge that a patent exists.

blackmail

the obtaining of assets by threatening harm to a victim or the victim's property. As an example of blackmail, assume Julie knows Simon has cheated on his wife with a woman named Jezebel. Julie threatens to tell Simon's family what he has done unless Simon gives Julie $12,000

If a firm makes, uses, or sells another's patented design, product, or process without permission, what occurs?

the tort of patent infringement

Responsible Corporate Officer Doctrine

under the "responsible corporate officer" doctrine, officers or directors can be held criminally responsible even for crimes they didn't know about or approve of, if they failed to meet their responsibility as corporate leaders to ensure compliance with the law

voluntary intoxication

voluntary intoxication means the defendant voluntarily consumed an intoxicating substance knowing it would cause impairment.

wire fraud

wire fraud occurs when the misrepresentation occurs by phone or other means of electronic communication

justification defense

with a justification defense society generally condones or approves of the action taken by the defendant. Self-defense, defense of others, defense of property, necessity, and consent. "I broke the law to avoid an even greater harm." Example: speeding in violation of the law in order to transport dying victim to hospital

legal excuse

with a legal excuse, the conduct is not condoned by society, but society determines punishment is less appropriate because of other mitigating circumstances.

Which of the following defenses has the best chance of being effective against the crime of larceny?

"I thought the property was mine"

What year did Congress try to overrule the Miranda Rights rule?

1968

State v. Casey's General Stores, Inc. (1998)

1996 employee sold alcohol to underage person without asking for license Supreme Court of Iowa held that vicarious criminal liability extends to a corporation only when the misconduct of the employee violates a specific duty imposed specifically on the corporation by law or when the criminal act was done when the employee was acting within the scope of his or her authority or was acting for the benefit of the corporation and when the conduct was "authorized, requested, or tolerated" by the corporation's leadership then reversed conviction since no evidence that the illegal sales were authorized, requested, or tolerated by the corporation

Malcolm was recently injured by a drunk delivery van driver. Malcolm has asked the court for 5,000 dollars to repair his car. In addition, he has requested 10,000 dollars for pain and suffering. He also wants 600 dollars reimbursement for the rental car he used while his car was being repaired. Assume the court awards him the 5,000 dollar, 10,000 dollar and 600 dollar amounts. In addition the court orders the defendant to pay 40,000 dollars as a punishment. Which of the following dollar amounts would not be considered compensatory according to our textbook?

40,000

America invents act (AIA)

A HUGE change is switching from "first to invent" to "first to file" in terms of priority and novelty. This is more consistent with the rest of the world. It is argued it benefits large companies (Microsoft, IBM, etc.) On March 16, 2013, America Invents Act (AIA) changed the patent system in the United States from a first-to-invent system to a first-inventor-to-file system. In the United States, to have enforceable legal rights, the first person to file a patent application must be a true inventor. This change brought the US patent system into harmony with many other countries in the world.

Strict liability under tort law is most likely to apply to

A car manufacturer who uses reasonable care but manufactures a product with a defect

certification mark

A certification mark is a mark used to certify a good or service. A common example of a certification mark is the Good Housekeeping Seal of Approval.

copyright

A copyright is an intellectual property right designed to protect artistic works and broadly extends to "original works of authorship fixed in any tangible medium of expression."12 The subject matter of copyright law includes literary, musical, dramatic, pictorial, graphic, and sculptural works, as well as pantomimes, choreographic works, sound recordings, movies and other videos, soft ware, and architectural works

Which of the following actions might result in strict liability being imposed by a court of law?

A defective product is sold by a manufacturer

vicarious infringement

A defendant is liable for vicarious infringement when the defendant has the right and ability to control the infringer's conduct and receives a direct financial benefit from the infringement.

If larceny is punishable by the possibility of more than one year in prison, the textbook states that larceny would then be considered

A felony

felony

A felony is a serious crime, punishable by imprisonment for more than one year or by death.

Julian would like to trademark the name Burgers for her restaurant where she primarily serves burgers. The name Burgers would be most likely be considered

A generic term

Which of the following marks would least likely receive protection under trademark law?

A generic term

generic term

A generic term is incapable of functioning as a mark. Generic marks do not receive protection under trademark law. A generic term is a mark that only names the product associated with the term. An example is "burgers" for ground beef sandwiches or the term "computer" if used to sell a personal computer

Which of the following could not find a criminal defendant to be guilty of a crime by rendering a guilty verdict?

A grand jury

excuse defense

A legal excuse defense is a defense that states society does not condone or approve of the defendant's action, but society understands the reasonable person might have acted in the same manner as the defendant. Common types of legal excuse defenses include duress, intoxication, and entrapment. "I broke the law to prevent harm from occurring." Example: stealing something for a drug dealer be-cause he threatened to kill my family if I did not

secondary meaning

A mark owner may gain secondary meaning for a mark through exclusive use of the mark and heavy advertising. Secondary meaning is achieved when consumers recognize the mark as a source indicator for the goods or services associated with the mark.

If larceny is punishable by the possibility a maximum of eleven months in prison, the textbook states that larceny would then be considered

A misdemeanor

necessity defense

A necessity defense may be available to a person who breaks the law but did so to avoid an even greater harm to society. Typically, this type of justification defense arises when a person is acting in response to an emergency (not of his or her own making) and breaks one law in order to save the life or health of another. For example, Herman may break the posted speed limit in order to get his wife to the hospital in time to save her life.

apparent authority

A person acts with apparent authority if a reasonable person would have believed that the employee was authorized by the company to act in a certain manner because of representations made by the corporation.

Which of the following would be least likely to receive copyright protection under federal law?

A recipe written by Adria's grandmother which has been kept a family secret for 73 years

contributory infringement

A second type of indirect infringement occurs when a party provides a component that has a specific use as part of another article that is covered by a patent, even though that component standing alone does not infringe any patents. This type of indirect infringement is called contributory infringement A party commits contributory infringement when that party has actual knowledge of the activity that constitutes direct infringement and induces, causes, or materially contributes to the infringing conduct.

strict liability

A strict liability crime is a crime that prohibits a certain act (actus reus) without a mens rea element.

trade name

A trade name is the name a business uses when engaging in commerce but is not by itself a type of trademark. However, a trade name might become part of a trademark. For example, Coca-Cola is a trade name that also serves as a trademark

If Monica wants to protect her intellectual property so that customers know it is her product that they are buying, she should consider

A trademark

Two elements must exist for a person to be convicted of a crime: ______________ and _____________.

Actus reus; mens rea

Bill runs into the local bank. He shoots 2 people and steals $100,000. When he comes out of the bank, he jumps into Jill's car. Jill was waiting for him the whole time. Jill could be potentially charged with?

Aiding and Abetting

arraignment

An arraignment is the initial step in a criminal prosecution, whereby the defendant is brought to court to hear the formal charges and enter a plea

In the Mazer case, the court had to decide whether or not copyright protection extended to

An article of manufacture

Which of the following scenarios would most likely not create criminal liability for a corporation?

An employee Smith steals customer information without telling anyone and knowing his company would not tolerate his behavior

Of the following, which would an inventor or business not want to protect under trade secret law?

An invention that is easily reverse engineered

A misdemeanor is best described as

Any crime that is not a felony

Samsung V Apple

Apple sued Samsung for look and feel similar to their phones. Court awarded $1.05 billion but later reduced on appeal

The book defines the idea-expression dichotomy as

Applying when an idea is inseparable from its expression

arbitrary marks

Arbitrary marks are those that have no relation to the goods or services associated with the mark other than identifying the source. An example is "Apple" for electronic products.

Trademarks can be registered

At both the state and federal levels

verdict

At the conclusion of the trial, the jury (or judge in a bench trial) will consider all of the evidence and render a verdict. If the verdict is not guilty, then the accused is free to leave If, however, the verdict is guilty, then the judge will schedule a sentencing hearing, in which the punishment will be given

Under the common law, one generally did not owe a duty of care towards a trespasser. If a trespasser wanted to sue a defendant for negligence, the trespassing plaintiff could possibly prove a duty of care existed using the legal concept of

Attractive nuisance

What is the crime called when a debtor fraudulently transfers assets to favored parties prior to filing bankruptcy?

Bankruptcy Fraud

bankruptcy fraud

Bankruptcy fraud occurs when a person knowingly and fraudulently conceals assets or destroys, falsifies, or withholds documents in violation of the law governing a bankruptcy proceeding.

Which of the following is not commonly associated with Cyber Crime?

Battery

A trial where the criminal defendant requests to have a judge be the trier of facts is referred to as a (an)?

Bench trial

What standard of proof is required for a criminal case?

Beyond a reasonable doubt

Unless it is a strict liability crime, definitions of crimes will contain

Both mens rea and actus reus elements

Assume Chad is intoxicated after being dumped by his girlfriend Chandra. Which of the following crimes is Chad's voluntary intoxication least likely to work as a defense against?

Breaking the speed limit

bribery

Bribery is offering, giving, receiving, or requesting something of value with the intent to unlawfully influence a person or entity in a position of trust.

Assume Ralph offers a government building inspector 2 tickets to a Washington National's baseball game in exchange for favorable treatment by the government official. Ralph has committed the crime of

Bribery of a public official

bribery of a public official

Bribery of a public official is a federal crime designed to ensure that government officials act with the interest of the constituents in mind instead of their own financial interests

provisional patent application

Broadly speaking, a provisional patent application allows an inventor to make the invention "patent pending" and preserve his or her patent rights around the world for less expense than that incurred with filing a nonprovisional patent application. However, a provisional patent application expires one year after it is filed (along with the "patent pending" status of the invention) and will never mature into an issued patent unless the inventor files a nonprovisional patent application related to the provisional before the provisional patent expires

Which of the following brand names is considered a suggestive mark?

Burger King

All of the following are examples of suggestive marks except

Burger King Chapstick Dairy queen All of the above are suggestive marks

Brock breaks up with Katie on her birthday. In retaliation, Katie breaks into Brock's house at night when he is at work to steal his Pillow Pet If caught she would spend more than one year in prison and she knows this.. What crime has Katie committed?

Burglary

The requirement that someone commit the actus reus of the crime while intending to commit a felony was part of the common law definition for

Burglary

Which of the following crimes has an actus reus requirement which does not require an actual taking of personal property?

Burglary

What is a major difference between robbery and burglary?

Burglary has to have an intent of committing a felony

Which is an example of duress

Carl holds a knife up to you and tells you to rob a gas station for him

Good Housekeeping Seal of Approval is an example of a:

Certification mark

collective marks

Collective marks are marks used by a group of individuals such as a union or an association. Collective marks are marks that are used to certify a quality or characteristic of a product or service that is used by someone other than the owner but with the owner's permission.

arson

Common law arson requires the malicious burning of the dwelling (house) of another person. 1st degree arson is burning occupied structure such as a school or place where ppl are normally present 2nd degree arson is burning an unoccupied place such as a barn or unoccupied house or structure in order to collect insurance on property 3rd degree arson is burning an abandoned building or abandoned areas such as a field, forest or woods

Which of the following is stated by the textbook as a purpose of tort law?

Compensate a victim of a wrongful act

In the case of Liebeck v. Mcdonald's Restaurants, Ms. Liebeck was awarded

Compensatory damages and punitive damages

Assume a television reporter says he thinks a candidate running for office is taking money from foreign governments. The television reporter knows this is a lie but says it anyway during a live television program. The candidate, who is a public figure, suffers harm to their reputation. Based upon these facts alone, which of the following will be a key issue for the candidate if they bring a defamation lawsuit against the reporter?

Conditional privilege

As a general rule of patent law, an inventor may be prohibited from obtaining a patent license if her patent application is

Considered to only contain prior art

Assume Eric is injured while working on a construction site. Eric was helping build a large building. Eric was supposed to be wearing a plastic hat to protect his head. Eric was not wearing the hat. He was struck by a falling tool. A coworker dropped the tool from a ladder. Eric is now suing his employer for negligence. Which of the following common law legal concepts, by its definition, would result in a complete bar against recovery if the defendant can prove Eric was only 5% to blame for his own injury by not wearing the hat?

Contributory negligence

Assume Melanie is at a party at her best friend's house. She sees a necklace that she lost. She immediately starts to think that it was her best friend who must have stolen her necklace. Melanie takes the necklace without saying anything to anyone at the party only to find out it was not hers. Upon returning home, her husband tells her that he had actually taken her necklace to the jeweler to be cleaned. Based upon these facts alone, Melanie may be liable for the tort of

Conversion

One day Samantha is fired from her job. She is angry about the firing so she pushes her boss to the floor of his office. He is hurt by the fall. She then leaves his office and tells several employees that their boss is a pervert. She knows the statement is not true. His reputation is hurt because of the statement made by Samantha. She then tells a customer waiting in the lobby of the company that the company sells defective products. The customer quickly leaves the office because they do not want to buy inferior goods. Based upon these facts alone, which of the following torts was most likely not committed by Samantha?

Conversion

Idea-expression dichotomy

Copyright protection generally does not extend to the subject matter of patents, nor to an idea, concept, or principle.15 Although copyright protection is available to a particular expression of an idea, it does not extend to the idea itself. This concept is referred to as the idea-expression dichotomy

A ___________ can be defined as a wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment or, in some cases, death.

Crime

cybercrimes

Cybercrimes involve the use of a computer or computer-related technology. Examples are cyberhacking and phishing. Cybercrime is a category of crimes that include the use of a computer or a computer-related technology.

cyber hacking

Cyberhacking is the unauthorized access of another's computer with the intent to change the settings of the computer or to access information on the other's computer.

Assume Ryan reserves the domain name www.Coke.com and then attempts to sell the domain name to Coca-Cola company who produces the famous soda called Coke. Ryan could be engaging in

Cybersquatting

Hurting the reputation of another by telling an untruth about them most likely constitutes the tort of

Defamation

Marissa states true facts about her old employer to a newspaper. The facts are mainly true but are taken out of context and meant to embarrass her old employer. The newspaper story damages the employer's reputation. At best, her old employer could allege Marissa has committed the tort of

Defamation by implication

Civil law:

Defines the relationships between citizens or between citizens and their government.

Which of the following marks would be considered the least distinct according to the textbook?

Descriptive marks

descriptive marks

Descriptive marks describe the goods or services or a quality of the goods or services associated with the mark. For example, the term "Lite" describes a type of beer.

A store is trying to move into a new market using the name "Subday" saying every day is a day for a sub sandwich. This might result in a a lawsuit being brought by Subway Inc alleging which of the following? (assume no confusion exists on the part of customers)

Dilution

Which of the following is not a defense against a case of patent infringement?

Direct infringement

What type of networking has parts that are distributed all over the country or the world?

Distributed

Assume a criminal grabs a student named Emily while she is walking home from class. The criminal tells Emily she will be killed unless she drives a car while the criminal robs a bank. Emily does so but is arrested by the cops shortly after the bank robbery. Emily's best defense is

Duress

One day Thelma is approached by a villain names Louis. Louis tells Thelma he will take her life unless she drives a stolen car for Louis across state lines. Thelma does so but is arrested while in transit. Based upon these facts alone, Thelma's best defense is

Duress

duress

Duress is a little different from necessity. Unlike necessity, where under the circumstances society approved of the act normally considered unlawful, in a duress situation, society still condemns the act but understands that under the circumstances punishment would be inappropriate or unfair and therefore excuses, rather than justifies, the action.

prior art

During examination, the USPTO attempts to discover all relevant teachings and information that predate the filing of the patent application, which is referred to as prior art. Prior art means existing information and concepts that are relevant to the technology in the patent application.

Dan takes a $5 bill out of the tip jar that he is to turn in at the end of his shift at the ice cream shop. He continues taking $5 out for almost three months before he gets caught. The $5 is not part of his hourly wage. What crime could Dan be charged with?

Embezzlement

entrapment

Entrapment occurs when a law-abiding citizen is somehow coerced by law enforcement agents to commit a crime that he or she would not have otherwise committed. If a law-abiding citizen is somehow persuaded by law enforcement agents to commit a crime that he or she would not have otherwise committed, that citizen might be able to assert a defense of entrapment.

Miranda v Arizona

Ernesto Miranda suspicious of rape and kidnapping confession was used against him- did not speak English well said he wouldn't have done it if he knew he could be silent The Supreme Court held that the danger of police coercing a confession required additional procedural safeguards. The court held that suspects in custody must be advised of their constitutional right to remain silent and of the consequences of making a statement The court also extended the Sixth Amendment right to counsel to apply in custodial interrogations, thereby requiring that suspects be advised that they have a right to an attorney and furthermore that one will be provided at no charge if they are unable to pay for an attorney.

Assume Nelson was recently arrested on suspicion of embezzlement. When arrested and taken into custody, the police questioned Nelson. Nelson told him where he was hiding the embezzled assets in his home. The police did not obtain a search warrant. Assume the police did not give Nelson his Miranda Rights warning either. Which of the following concepts would prevent the state from using evidence obtained from Nelson's home at trial?

Exclusionary Rule

Fourteenth Amendment

Extended due process and most other constitutional protections/rights to the state level

Which of the following crimes requires the defendant hold a public office?

Extortion

extortion

Extortion is the fraudulent use of one's public office to wrongfully obtain assets from a victim.

Which of the following would be least likely to receive copyright protection?

Facts of a news story

Kent makes up a name for his company which provides transpiration services through a phone app. He is calling it Zambam Corporation. Kent would like to trademark his company name Zambam. Zambam is not a real word in any language. On the scale of distinctiveness, Zambam would be most likely considered

Fanciful

Tiffany has asked Randy to help her create a name for her business. She wants to trademark the business name. Which of the following is considered the most distinctive type of mark for a business name?

Fanciful mark

Which of the following marks would be considered the most distinct according to the textbook?

Fanciful marks

Which of the following sources of law allows a trademark owner to use the symbol (R)?

Federal statutory law

What degree of Felony results in life imprisonment?

First Degree

novel

For an invention to be considered new, or novel, no single teaching from prior art can disclose each and every element of the invention. A pocket knife with a bottle opener would not be considered novel because this invention already exists.

perjury

For example, telling a lie to the judge while testifying in court is called perjury and is a crime. Perjury is the intentional telling of an untruth while under oath to tell the truth. Likewise, in many financial transactions, the law imposes a duty to tell the truth, and if someone fails to do so, the person may be guilty of fraud

information

For misdemeanor cases, the prosecutor can take a formal charge, called an information, to the magistrate judge, who determines if there is enough probable cause to proceed. An information is a formal criminal charge made by a prosecutor without a grand jury indictment.

According to the textbook, embezzlement requires all of the following elements except:

Force

Alan was recently paid by Tracy for work Alan performed at Tracy's house. Tracy writes a check to Alan for $1,000. Before cashing the check at his bank, Alan adds a zero to make the check read $10,000 instead of $1,000. Based upon these facts alone, Alan may have committed the crime of

Forgery

Amanda signed a check made out to herself signing the CEO of her company's name. What crime is this an example of?

Forgery

Ashley gets a credit card offer in the mail. It was actually for Hannah, but Ashley signs Hannah's name with her information. What crime has Ashley committed?

Forgery

Assume Gina realizes she made a major mistake at work. She was supposed to make payment by a certain date on behalf of her company for an invoice from Zamda Company. Her late payment will cause the company to incur a penalty. In order to save the company from the penalty, Gina changes the date on the invoice from Zamda so the payment will not appear to be late. Gina then sends a copy of the altered invoice to Zamda with the check. Gina has most likely committed the crime of

Forgery

Melody recently broke up with her ex-boyfriend Tom. Melody and Tom worked together at DATA Corp. Melody stayed late at work one night and broke into the desk of Tom's boss. She used the letterhead of Tom's boss to write a fake note firing Tom from his job. Later in the night she decided to go back to work and steal Tom's favorite clock from his desk. She smashed the clock on the parking lot. Using our textbook's definitions, what crimes might Melody have committed?

Forgery

Assume Jake is approached by an old friend Terry. Terry tells Jake he can make a lot of money by becoming a salesperson for Beta Corporation. Terry tells Jake he should quit his job and come work for him as his employee at Beta Corp. Terry knows the company is not hiring. However, he lies to Jake about the job opportunity. Jake quits his job only to find out Beta Corp is not hiring. Based upon these facts alone, Jake should sue Terry for

Fraud

fraud

Fraud under the common law was knowingly altering, misrepresenting, or hiding the truth about some relevant fact so that another person would be deceived and act in a way that was to his or her detriment.

The case of the Association for Molecular Pathology et al v. Myriad Genetics contained a patent law question regarding

Gene sequences

What of the following are not protected under governmental law?

Generic Terms

A patent is a grant from the:

Government

identity theft occurs

Identity theft occurs under federal law when a person has been found to "knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law"

criminal liability

If an employee is acting within the scope of the employee's actual or apparent authority when he or she committed a criminal act and the corporation benefited as a result of the criminal act, then criminal liability usually attaches. When criminal liability attaches, the mens rea of the individual is imputed to the corporation as a whole.

specific intent

If an individual has specific intent, he or she acts with the belief and desire to accomplish that intent.

exclusionary rule

If evidence is obtained in violation of the Fourth, Fifth, or Sixth Amendments, the courts may apply the exclusionary rule. The exclusionary rule excludes any evidence that was obtained in violation of a defendant's Fourth, Fifth, or Sixth Amendment rights. The rule also extends to evidence obtained at a later time if it is "fruit of the poisonous tree." This means if the police were to find evidence by searching a defendant's home in violation of the Fourth Amendment, and that evidence led the police to find a murder weapon, the murder weapon would be excluded as fruit of the poisonous tree.

bench trial

If the accused wants to have the judge decide the case, it is called a bench trial If the crime is a felony or a misdemeanor with a potential punishment of more than six months in jail, the accused has the right to a jury trial, though the accused can waive this right and have the case decided by a judge.

sentence hearing

If, however, the verdict is guilty, then the judge will schedule a sentencing hearing, in which the punishment will be given

Assume Mike is a handsome and funny business law professor. He is also very physically fit and ridiculously charming. His handsomeness, wit, physical stature and charming personality drives his coworker Jamie to burn down their office building. Jamie claims he suffers from mental illness and pleads insanity at his criminal trial. Which of the following is an element of insanity under the Model Penal Code?

Inability to conform actions to the law because of a mental defect

Which of the following is issued by a grand jury?

Indictment

indirect infringement

Indirect infringement requires that the infringer has knowledge of the patent and that the accused infringer intended that its product infringe the patent. A party may indirectly infringe a patent in at least two ways. First, by actively inducing another's direct infringement of a patent by encouraging, aiding, or otherwise causing another to infringe the patent Second, is contributory infringement

What is the name of the defense used in law that refers to any person who has not reached the age of majority?

Infancy

infringement

Infringement is the unlawful use of another's right without their permission. That is, a patent allows the patentee to prevent others from making, using, selling, offering for sale, or importing to the United States the invention by granting the right to the owner to sue for infringement. The use of another's mark or a mark similar enough to cause confusion as to the true source of a good or service is called trademark infringement.

In a tort case, the plaintiff must generally prove to the court they suffered a (an)?

Injury

Which of the following terms means a defendant in a copyright infringement case committed copyright infringement with the good faith belief that the material was not copyrighted?

Innocent infringement

innocent infringement

Innocent infringement occurs when a defendant did not have notice of a copyright. It is allowed by courts as a defense to a claim of copyright infringement. This defense most often arises in situations where the defendant knowingly and intentionally used the copyrighted work but believed in good faith that his or her conduct is not infringing.

Sharing non-public information about a company with a friend in the hopes the friend will benefit financially by trading on the information might constitute the crime of

Insider trading

insider trading

Insider trading becomes illegal when someone buys or sells securities while possessing nonpublic information. In order to be guilty of insider trading, a person must first have a material fact. That material fact must also be nonpublic. The nonpublic material information must then be used by an insider in an improper way For example, Steve receives a nonpublic "tip" from his sister Michelle about her publicly traded company. She tells Steve that one of its products is going to be recalled and will affect the company's earnings report. She also tells him that he should sell his stock in the company before the news is made public. If Steve trades his stock based upon this nonpublic information, he has likely committed the crime of insider trading

Whether or not the defendant has engaged in predatory behavior is a key inquiry for a court to make when considering whether a plaintiff has committed the tort of

Interference with a business advantage

When a defendant raises this defense, the defendant is stating that something beyond the control of the defendant, and potentially the plaintiff, caused the plaintiff's injury without the plaintiff assuming the risk of injury?

Intervening cause

Assume Beth is running for a local political office but is not considered a celebrity or public figure. A news reporter breaks into Beth's home office and steals her income tax returns. The news reporter then releases the income tax returns. Based upon these facts alone, Beth might consider suing the news reporter for

Invasion of privacy

involuntary intoxication

Involuntary intoxication is defense against any crime as long as the intoxication rendered the defendant incapacitated. Involuntary intoxication means the defendant did not know he or she was consuming a substance that would cause him or her to become intoxicated or the defendant was forced to digest the intoxicating substance.

Which of the following would be least likely to receive copyright protection?

Jack's popular slogan created by his best friend Mike

Jami hits Tammy in the head with a book bag. Whether or not this is battery depends upon whether

Jami intentionally hit Tammy

The crime of theft of trade secrets would involve

Jim taking a secret recipe for jelly owned by his employer

Jim is angry at Peter. Jim goes to Peter's house with the intent to punch Peter in the face. Jim knows Peter will not let him in his house so Jim plans on engaging in criminal trespass and breaking into the house if he must. Before Jim is able to enter the house of Peter, Peter calls the police and they arrest Jim for criminal trespass. When the police arrive Jim is standing on Peter's front lawn yelling at him to come out of the house so he can punch him. Based upon these facts alone, what is the highest level of mens rea Jim has under the Model Penal Code for the crime of criminal trespass?

Knowledge

lanham act

Lanham Act, which is the federal law governing trademarks, provides a cause of action in federal court for unfair competition

Assume Jeremy is angry at his former employer. Jeremy was fired two weeks ago for joy riding on the floor waxing machine. Jeremy decides to break into the office building where he used to work. Jeremy attempts to burn the building to the ground. While inside the office building Jeremy steals a laptop computer which he intends to keep. Using our textbook's definitions, what crimes might Melody have committed?

Larceny

Assume Melvin impersonates a teacher in order to obtain access to the teacher faculty resource room at his school. Once inside the room, Melvin steals answers to a test. Melvin distributes the tests to his friends. Based upon these facts alone, Melvin has most likely committed the common law crime of

Larceny

Stan steals Mary's computer with the intent to deprive of her of the computer. Based upon these facts alone, Stan most likely commuted the crime of?

Larceny

Melody recently broke up with her ex-boyfriend Tom. Melody and Tom worked together at DATA Corp. Melody stayed late at work one night and broke into Tom's desk. She then took his prized golf ball signed by Tiger Woods. Melody took the golf ball and melted it using a torch in her garage. Later she returned to work and set fire the office building in which she and Tom worked. Using our textbook's definitions, what crimes might Melody have committed?

Larceny NOT arson because it's not a dwelling

Assume Natalie takes Amy's purse by force. Natalie punched Amy and then threatened her with a knife. Natalie did this at night after breaking into Amy's house intending to commit larceny which is a felony in her state. The merger doctrine would most likely apply in this situation to which of the following crimes?

Larceny and robbery

Assume Todd steals his roommate's wallet. Todd uses his roommate's identification to withdraw money from his roommate's bank account. He signs the name of his roommate on the withdrawal slip provided by the bank. Todd does not intend to give the wallet back to his roommate. Todd may have committed

Larceny, forgery and obtaining goods by false pretenses

Rick is driving home one night from a party at his friend's house. Rick is intoxicated. The police stop Rick in his car. Rick attempts to give the cop his wallet in an attempt to pay the cop to let him go. The cop refuses the wallet. The cop then tells Rick that he will let Rick go if Rick will set the cop's sailboat on fire. Rick starts the fire without any malicious intent and burns the sailboat. The cop then goes to a post office and sends a paper insurance claim by mail to the insurance company for the loss of his boat. Based upon these facts alone, what crimes have been committed by either Rick or the cop?

Mail fraud, extortion, and bribery

The tort of fraud does not require the plaintiff prove

Malicious intent

According to the textbook, embezzlement requires all of the following elements except:

Maliciousness

Assume Marissa is an employee of HighTimes Incorporated. Marissa reports to the vice-president of marketing. The vice-president reports directly to the CEO of the company. If the vice-president of the company orders Marissa to commit a crime, and she does, which of the following statements is true?

Marissa and her boss may be held criminally liable

Assume Maddie commits a crime. The wrongful intent required by a criminal statute is referred to as

Mens rea

Assume the crime of shoplifting requires the criminal defendant take property from a store owner and intend to keep the property from the store owner without paying for the property. The intent to keep the store owner from their property is referred to as

Mens rea

Assume Melanie sees a purse siting on a park bench. She believes the purse is her friend's purse so she takes it. The purse was actually placed on the park bench by the police. The police arrest Melanie for larceny. Based upon these facts alone, her best defense is

Mistake of fact

Jennifer is surprised when she returns home and cannot get her key to work. She decides to climb in through a window. Once inside Jennifer realizes she is not at her house but the house of a neighbor. Jennifer's belief the house was her own may help her plead which of the following defenses if charged with burglary?

Mistake of fact

Association for Molecular Pathology et al. v. Myriad Genetics, Inc. (2013)

Myriad Genetics found specific DNA sequences on received patent claims on these. Soon after, they offered BRCA testing and other companies did too so they filed infringement suits. They didn't believe it was eligible subject matter Holding: DNA is natural so not patent eligible but cDNA is because it's not naturally occurring

What is not patentable?

Natural phenomena The laws of nature Algorithms

Which of the following torts does not require an intentional action?

Negligence

Which of the following unintentional torts requires the plaintiff prove a breach of duty of care by the defendant?

Negligence

Which of the following is a legal doctrine used by a plaintiff to prove negligence occurred on the part of the defendant?

Negligence per se

negligence

Negligence requires that a defendant disregarded a risk the reasonable person would not have disregarded.

Harry creates a new device for shredding paper. In order to receive patent protection, Harry must prove his invention is

Non-obvious

Using another person's credit card without permission to purchase goods is

Obtaining goods by false pretenses

Using another person's credit card without their permission to purchase goods is an example of?

Obtaining goods by false pretenses

Allison sees a newspaper advertisement regarding a lost ring. Allison knows her friend has lost a ring just like it. She knows specific information about the ring such as what is engraved on the bottom side of the ring setting. Allison finds the man who made the advertisement and visits him late one night at his home. Allison knocks on the door and the man lets her in his house. Allison lies and says the ring is hers. She then says she can prove it by what is engraved on the bottom of the ring setting. The man turns over the ring, and while he does this, Allison tells him what he should see. He then gives the ring to Allison. Allison then burns down his house with the evil intent to kill the man and destroy the evidence. Allison is successful. Based upon these facts alone, Allison might be liable for the crimes of

Obtaining goods by false pretenses and arson

obtaining goods by false pretenses

Obtaining goods by false pretenses is the act of intentionally misrepresenting a material fact to a person in order to persuade the individual to transfer property to the person making the misrepresentation.

A grant from the government that gives an inventor exclusive rights to an invention is the definition of?

Patent

If you are trying to patent your company that found an innovative process to make golf balls out of soybeans, what would you most likely use?

Patent the process of making the balls

In regards to patent infringement, the textbook lists all of the following as defenses, except:

Patented material was useful

Which of the following areas of intellectual property law is the least impacted by state statutory or common law?

Patents

All of the following are examples of strong marks except

Pop

Which of the following standards means that it is more likely than not the defendant is liable for the alleged wrong?

Preponderance of the evidence

Burglary would be an example of a

Property crime

What is the most common type of crime?

Property crime

Trade names are

Protected under statute if registered as trademarks

Eighth Amendment

Protection against excessive bail Protection against excessive fines Protection against cruel and unusual punishments

Fifth Amendment

Protection from double jeopardy Right against self-incrimination Right of due process

Assume Jim forgets to set the parking break on his delivery van. After a pedestrian leans up against the van, the van begins to roll down the hill on which it was parked. The van crashes into a parked car. The parked car's gas line springs a leak because of the collision with the rolling van. The gas fumes then cause a passing motorbike's driver to become faint and collide with a park bench. The driver of the motorbike is hurt badly. Based upon these facts alone, if the driver of the motorbike sues Jim for negligence, which of the following concepts means the plaintiff will have to prove the damages were foreseeable to the defendant?

Proximate causation

Which of the following is not a form of commonly used legal protection for trade secrets in the United States?

Public registration and disclosure

public-order crimes

Public-order crimes, such as being intoxicated in public or prostitution, are generally focused on prohibiting behavior that reflects negatively on society even though there may not be a traditional "victim" of the crime.

Which of the following best describes a misdemeanor?

Punishable with a fine or up to one year in prison.

purpose, knowledge, recklessness

Purpose requires that the defendant act with the purpose of committing the prohibited outcome. Knowledge requires that the defendant knows the prohibited outcome may happen but does not necessarily commit the act with the purpose that it happen. Recklessness requires that a defendant knew or should have known the prohibited out-come would occur.

Qualitex Co. v. Jacobson Products Co., Inc. (1995)

Qualitex sells product to dry cleaning services and has a unique green-gold color. Jacobson starts to use similar color with competing product, sued for trademark infringement district court said yes, they had infringed but appellate court said no (reversed) color cannot constitute trademark court held that is was infringement but color can only be trademarked upon showing secondary meaning

What act in 1970 was passed by congress in an effort to curb the entry of organized crime into the legitimate business world?

RICO

Which of the following crimes requires a criminal to receive goods they know or should have known are stolen?

Receiving stolen goods

receiving stolen goods

Receiving stolen goods is the act of receiving property that the defendant knew or should have known was stolen with the intent to deprive the true owner of such property.

If Sydney wrote a new song for a play, which of the following should she do?

Register for a copyright

Assume Nigel is a doctor. Nigel performs a surgery on Chad. The surgery appears to be a success until Chad starts to complain of complications. Chad would like to sue Nigel for negligence but Chad is struggling to identify facts proving a breach of care on the part of Nigel. Nigel and his workers are claiming the surgery was a tremendous success and Chad was unconscious during the surgery. Based on these facts alone, Chad might benefit from the legal concept of

Res ipsa loquitur

Which of the following negligence concepts may help a plaintiff prove the defendant breached their duty of care?

Res ipsa loquitur

Sixth Amendment

Right to a speedy/public trial Right to an impartial jury Right to be informed of the charges against you Right to confront all witnesses Right to have production of favorable witnesses Right to an attorney

Rule 10b-5

Rule 10b-5 of the Securities Exchange Act of 1934 makes it illegal to engage in any act, practice, or course of business that would operate as a fraud or deceit on a person when purchasing or selling securities.

Which of the following would be an example of apparent authority?

Ryan Corp routinely has employees commit criminal actions without disciplining them

Which of the following is not a defense against patent infringement raised by defendants?

Sales existed after the patent was validly issued

Rick wants to create a name for his pizza restaurant for which he can get trademark protection. Which of the following would be an fanciful mark (name) for his restaurant?

Saucalotta

Which of the following is not a common defense against an allegation of the tort of defamation?

Self defense

self-defense

Self-defense is a common example of a justification type of defense.

A trademark that is used to distinguish services rather than products:

Service mark

Grace has started a new business where customers of Grace can call Grace and order food from famous restaurants. Grace then orders and delivers the food from the restaurants to her customers. Grace does not provide any products to her customers, she just provides delivery. Grace should consider which of the following marks to protect her company's name Delivery by Grace?

Service mark

Stanley starts a steam cleaning business where he cleans carpets in residential homes. He wants to protect his business name "Stanley Steam Clean." Stanley should file an application for a

Service mark

To constitute dilution, which of the following must reduce the value of the famous mark or lessen its ability to identify goods and services?

Similar Mark

Nancy, CEO of FastTymes, could be found criminally liable for the actions of her employees under all of the following legal concepts except:

Specific deterrence

What did the TRIPS agreement establish?

Standards for the international protection of intellectual property rights

Zam Corporation sues Highland Corporation for patent infringement. Which of the following sources of law is least likely to be applied as part of the lawsuit?

State law NOT TRIPS

Mazer vs Stein (1954)

Stein made statues of dancing silhouettes and partnered with company to make them lamp bottoms. Then Mazer copied this so he sued for copyright infringement Court held that Mazer had not infringed, was appealed to appellate court which reversed it so he appealed to supreme court. They said it was protected under copyright

A crime which has no mens rea element, but simply an actus reus element, is referred to as

Strict liability

Assume Beta Corp has an efficient and safe process for creating high energy drinks. However, Beta Corp experiences product failure. Their energy drink cans explode when exposed to room temperatures above 100 degrees Fahrenheit. Assume Jaclyn is injured by one of these exploding cans. Beta Corp has not breached its duty of care towards Jaclyn. Based upon these facts alone, which of the following legal theories would help Jaclyn recover against Beta Corp?

Strict product liability

suggestive marks

Suggestive marks provide some suggestion as to a quality or characteristic of the goods or services associated with the mark but require some mental exercise to connect the mark with the product, such as "Coppertone" for suntan lotion.

Gottschalk V Benson (1972)

Supreme court case Patents exclude natural phenomenon, laws of nature and abstract ideas practical application of abstract ideas are okay patentable claim must recite something that is: new or novel, useful, and not obvious

Which of the following is most likely to be considered a work-for-hire?

Tammy writes a novel for a publisher who paid her to write the book

The textbook lists all of the following as types of patent applications, except:

Termination patent application

Strong Marks include:

Terms that have nothing to do with the product (camel) Terms suggest something about the product Invented words

Assume Stanley decided to have a knee surgery. His knee had been hurting him and had become infected so his doctor suggest he have it replaced. Stanley had the surgery but afterwards his knee was still infected. The surgeon who performed the surgery was named Hannah. Stanley decides to sue Hannah for negligence. Based upon these facts alone, which of the following factors would be most difficult for Stanley to prove?

That factual causation exists

digital millennium copyright act (DCMA)

The Digital Millennium Copyright Act (DMCA) went into effect in 1998. The DMCA implements two treaties of WIPO and represents Congress's attempt to update copyright law for the digital age. Notable provisions of the DMCA include the criminalization of the manufacture and distribution of devices designed to circumvent or "hack" software encryption or other software features designed to prevent copying.

foreign corrupt practices act

The Foreign Corrupt Practices Act was passed in 1977 by the US Congress. The act made it illegal to make payments to foreign government officials in order to gain or retain business opportunities. In 1998 the act was amended to make it a crime for foreign firms to bribe any official within the United States

Madrid protocol

The Madrid Protocol provides mark owners with an international system for registering their marks in multiple countries.