Blaw Final Exam
What are the two (2) primary defenses to claims of negligence? a. Immunity and comparative negligence b. Immunity and contributory negligence c. Comparative negligence and assumption of risk d. Contributory negligence and assumption of risk
c. Comparative negligence and assumption of risk
What is an agreement by two (2) or more persons to commit a criminal act? a. An attempt b. Conspiracy c. Collusion d. A "substantial step" toward the commission of crime
b. Conspiracy
A significant advantage of trade secret protection over other forms of intellectual property (such as patents and copyrights) is that generally, protection does not _______. a. Require overt action b. Expire c. Infringe on others d. Allow for criminal liability
b. Expire
Written defamation is known as _________. a. Literary assault b. Libel c. Literary battery d. Slander
b. Libel
A warrant may be issued based on _________? a. A preponderance of the evidence b. Probable cause c. Proof beyond a shadow of doubt d. Proof beyond reasonable doubt
b. Probable cause
Suppose that Betty is involved in an accident with Veronica. Betty sustained $100,000 in damages because of the accident. Betty sues Veronica, and at trial, the jury determines that Veronica was negligent and seventy-five (75) percent responsible for Betty's injuries, and that Betty was also negligent and twenty-five (25) percent responsible for her own injuries. According to the theory of comparative negligence what (if anything) will Betty recover from Veronica for in terms of the damages? a. Zero (0) b. $25,000 c. $75,000 d. $100,000
c. $75,000
________ rights can emerge from the flow of knowledge. a. Royalty free b. Explicit knowledge c. Intellectual property d. Intellectual asset
c. Intellectual property
Suppose that AI Kaypon (AI) sets up a scheme to fool investors into thinking that he has invented a new product that will generate millions of dollars in sales. He designs a brochure and mails it to several individuals. At this point in the scheme, what crime (if any) has AI committed. a. No crime, since none of the individuals contacted have responded to the brochure b. Embezzlement c. Mail fraud d. Conspiracy to commit fraud
d. Conspiracy to commit fraud
While the UTSA does not include any _______ sanctions for _______ many states have added separate statutes that do. (Choose two correct answers) a. Criminal, infringement b. Civil, misappropriation c. Civil, infringement d. Criminal, misappropriation
d. Criminal, misappropriation
The mental element of criminal liability, also called ___________, requires that the defendant have a requisite degree of culpability with regard to each element of a given crime. a. Actus reus b. Res ipsa loquitur c. Respondeat superior d. Mens rea
d. Mens rea