Bus 140
A patent is good for:
20 years from time of application
Fact Pattern 10-1Lulene makes the best lemon meringue pies in Mississippi. So Ellen, who owns Ellen's Old Fashion Cafe, contracts with Lulene to buy 50 pies per week at the price of $5.00 per pie.Although Lulene took a class in business law, she forgot to get her agreement with Ellen in writing. Lulene and Ellen agreed during a chat. Lulene said: "I will supply you with lemon meringue pies for however long you want them at $5.00 per pie." Ellen said: "That's great, I'll take them." Both women were pleased.Soon Lulene had a problem. Between a hurricane in Florida and brush fires in California, the price of lemons increased by 200%. Now, instead of the $5.00 per pie price she intended to charge Ellen, she feels she must charge $7.00 per pie to make a little profit.Lulene calls Ellen with the bad news and Ellen has a fit. She tells Lulene that's too bad, but the deal is off. Lulene says, "That's what you think!" and goes to see Amanda, her attorney. Lulene makes the best lemon meringue pies in Mississippi. So Ellen, who owns Ellen's Old Fashion Cafe, contracts with Lulene to buy 50 pies per week at the price of $5.00 per pie. Although Lulene took a class in business law, she forgot to get her agreement with Ellen in writing. Lulene and Ellen agreed during a chat. Lulene said: "I will supply you with lemon meringue pies for however long you want them at $5.00 per pie." Ellen said: "That's great, I'll take them." Both women were pleased. Soon Lulene had a problem. Between a hurricane in Florida and brush fires in California, the price of lemons increased by 200%. Now, instead of the $5.00 per pie price she intended to charge Ellen, she feels she must charge $7.00 per pie to make a little profit. Lulene calls Ellen with the bad news and Ellen has a fit. She tells Lulene that's too bad, but the deal is off. Lulene says, "That's what you think!" and goes to see Amanda, her attorney. Assume that when Lulene and Ellen entered into the agreement Ellen was an enterprising 16-year-old. In this case:
Ellen may void the contract based on minority
If a producer learns after it sells a product that it has a problem that might cause consumers injuries, the producer must warn consumers of the danger or face liability.
True
Joint and several liability is liability rule in several states that allows each defendant to be potentially liable for the entire damage award when more than one firm have a similar defective product.
True
The tort of interference with contractual relations occurs when Party C attempts to get Party A, who has a contract with Party B, to breach the contract in favor of doing business with Party C.
True
Liability based on negligence may be imposed on a manufacturer if:
a causal connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer
In a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of:
a reasonably skilled, competent and experienced doctor
Original jurisdiction means power to:
accept a lawsuit, try it, and pass judgment
To be liable for an intentional tort, the defendant must have:
acted voluntarily
Real property includes which of the following:
all of the other choices oil land trees buildings
Zoning laws are typically not used to:
all of the other choices are common to zoning control the quality of construction control population density decide what kinds of buildings may be built where provide green zones
The specific tools of discovery include:
all of the other choices are correct
Before issuing a preliminary or interlocutory injunction a court considers the following factor(s):
all of the other choices are factors the court considers
Which of the following is not an element needed to show negligence:
all of the other choices are necessary elements
Procedural law specifies:
all of the other choices are part of that -how a lawsuit should begin -what legal documents need to be filed in a lawsuit -which court may hear a case -how trials proceed
Unless otherwise stated by contract, the law of partnership presumes which of the following not to be true?
all of the other choices are true each partner has an equal voice in partnership management a majority vote controls ordinary business decisions profits are to be divided among the partners regardless of the amount invested in the partnership, each partner has an equal vote
Bribes are:
all of the other specific choices -illegal -unethical -sometimes used to obtain business contracts from government officials
Which of the following could result in a "defect" in a title:
all of the other specific choices are correct a boundary dispute with a neighbor tax liens placed against the property liens imposed for work done on the property uncertain claims of ownership by heirs to the property
Which of the following may be specified by the franchisor:
all of the other specific choices are correct requirements regarding record keeping requirements regarding operating hours requirements regarding advertising
Which of the following is an example of a form of tenancy:
all of the other specific choices are correct tenancy in common joint tenancy tenancy by the entirety
Property that is held in fee simple may be:
all of these things are possible inherited by others transferred to others sold in part to others sold in entirety to others
Limited liability is:
an advantage to the corporate form of organization
A defendant may make a counterclaim against the plaintiff:
based on the same events the plaintiff bases the complaint on
Intentional physical contact without consent may constitute:
battery
For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:
beyond a reasonable doubt that the person committed the crime
Magistrates may not try cases unless:
both parties agree
In a civil trial the parties must prove their contentions:
by a preponderance of the evidence
A limited liability company may be terminated:
by any of the other choices by the retirement of a member by the death of a member by the consent of all members by the expulsion of a member
The motto "Union Made in the USA" is a:
certification mark
Depositions can be useful in challenging a witness who:
changes his story at the trial
The Napoleonic Codes were early examples of:
civil law
Voluntary participation in a contact sport is an example of:
consent in battery
Which form of business incurs double taxation:
corporations
Under the common law, judges usually decide cases based on:
decisions from previous cases
The sale of shares in a closed corporation is similar to the sale of a sole proprietorship because:
determining a market value of the asset may be difficult
A private nuisance involves:
either b or c a substantial interference with the use of land an unreasonable interference with the enjoyment of land
Profits you reasonably would have earned had the other party to a contract not breached are called:
expectancy damages
Proper venue has as its basis:
fairness
____ requires that directors of a corporation place the interests of the corporation before their own interests.
fiduciary duty of loyalty
Negligence torts differ from intentional torts in that:
in negligence the harmful results of a person's conduct are not intentional
A(n) ____ is an order by the court that requires a party to perform or to refrain from performing certain acts.
injunction
Which of the following is not a category of monetary damages?
injunction
Maria opens her refrigerator door to get a bottle of "Diet Wrong" soda. When she grabs the bottle it explodes, cutting her badly. Expert examination of bottle fragments does not reveal anything wrong with the bottle. Her lawsuit against "Diet Wrong" will likely result in the producer being held:
liable in strict liability for producing a defective product that injured a consumer
The tort of printed or written defamatory communication is:
libel
Something that is in the public domain:
may be used, performed, or reproduced by anyone
Limited partners are investors who:
may not participate in management of the business
The right of the author to have proper attribution of authorship and to prevent unauthorized changes in or destruction of an artist's work is a(n):
moral right
Liquidated damages:
must be reasonably related to actual losses that could be suffered
False imprisonment is the unjustified, intentional detention of a person. The detention:
need not be physical
The tort of misrepresentation can be based on:
negligence or intent
Without consideration:
neither party can enforce the promise or agreement
A(n) ____ warranty is one the manufacturer contractually provides to the consumer.
none of the other choices are correct
Originality and novelty are key conditions for an invention:
none of the other choices are correct to be copyrighted to be sold to be trademarked to be traded in a free market
The formula for Coca-Cola is:
none of these patented copyrighted in the public domain trade dress
The decision of an appellate court is the:
one that receives the majority vote of the judges
An implied warranty is:
one the law inserts into the relationship regardless of the actual contract terms
Under the economic loss rule, when a breach of contract does not include a tort, such as injury to persons, the damages:
only relate to economic losses suffered from the breach
Both state and federal court systems have lower courts of ____, where disputes are first brought and tried.
original jurisdiction
Unless its articles of incorporation provide for a specified period of duration, a corporation has:
perpetual existence
Parties present their arguments to appellate courts by:
presenting written briefs and oral arguments
A major purpose of tort law is to:
provide compensation for injured parties by wrongdoers
Both the Sixth and Seventh Amendments to the U.S. Constitution:
provide for the right to a jury in certain cases
The law of torts recognizes two kinds of nuisances, these are:
public and private
Absolute privilege grants immunity in situations where:
public policy favors complete freedom of speech
Fact Pattern 2-1 Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux, Louisiana. He rented a small plane to fly there. Over Alabama, thunderstorms formed. Because Yoshi was not trained to fly by instruments, he decided to land at the next airport. As he searched for a runway, Yoshi heard a loud clank followed by silence as the engine died. He tried to land in a field but crashed. While recovering in a rehabilitation center in California, Yoshi filed suit there against the Atlanta Airport and the owners of the airplane, alleging that they were negligent in their maintenance. Refer to Fact Pattern 2-1. Suppose Yoshi can exercise jurisdiction over the defendants in court in California. They fail to appear to defend themselves and Yoshi wins a default judgment for $5 million which defendants do not pay. Yoshi discovers that the owner of the airplane also owns a Lear jet, which is in San Diego. If Yoshi has the court seize the jet in satisfaction of the judgment, Yoshi has obtained what type of jurisdiction?
quasi in rem jurisdiction
An exculpatory agreement:
releases one party from the consequences brought about by wrongful acts or negligence
The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:
represents a standard of how persons in the relevant community ought to behave
An accord is an agreement by the parties to offer and accept some performance different from that originally bargained for. The actual performance of the new obligation is:
satisfaction
Fact Pattern 2-1 Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux, Louisiana. He rented a small plane to fly there. Over Alabama, thunderstorms formed. Because Yoshi was not trained to fly by instruments, he decided to land at the next airport. As he searched for a runway, Yoshi heard a loud clank followed by silence as the engine died. He tried to land in a field but crashed. While recovering in a rehabilitation center in California, Yoshi filed suit there against the Atlanta Airport and the owners of the airplane, alleging that they were negligent in their maintenance. Refer to Fact Pattern 2-1. If Yoshi wants to obtain jurisdiction over the owner of the airplane he may:
serve the owner with a summons while the owner is bar hopping in Los Angeles
Limitations or requirements about the use of property are called:
servitudes
The tort involving spoken defamatory communication is:
slander
Laws that define and establish legal rights and regulate behavior are referred to as:
substantive laws
Proximate cause limits liability to harms:
that bear a reasonable relationship to the defendant's negligent conduct
State courts can review statutes passed by their legislatures to ensure:
that the statutes do not violate the state constitution or the U.S. Constitution
Federal judges are nominated by:
the President
Civil law originated in:
the Roman Empire
Which court(s) in the federal court system uses juries?
the U.S. district courts
Intellectual property protection around the world is encouraged by:
the World Intellectual Property Organization
Franchises may be terminated by:
the bankruptcy of the franchisee
In Erie Railroad v. Tompkins, where Tompkins was hit by a New York train while in Pennsylvania, regarding the application of common law in a diversity of citizenship case in federal district court, the Supreme Court decided that:
the common law of the appropriate state must be applied in cases in federal courts
The principal distinction between assault and battery is:
the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact
Under the common law trade name protection belongs to:
the first to use the name in a given area of business
The value of precedence in legal decisions under the common law is:
the other three specific choices are correct -consistence in the legal system enhances the ability of persons and business to plan -parties will be confident that the rule will apply to future disputes that may arise -it helps to neutralize the prejudices of individual judges
A profit is:
the right to remove valuable things from one's estate
The term res ipsa loquitur means:
the thing speaks for itself
The doctrine of stare decisis can be defined as:
the use of prior case decisions as guidance in resolving later disputes
There is no assault if:
there is no fear of harm
The Lanham Act does not protect:
trade names
Not counting the Federal Circuit, there are ____ geographically-based U.S. circuit courts of appeals.
twelve
Contracts where one party, being in a position of strength, takes advantage of the other party, and which are held to be unenforceable, are called:
unconscionable contracts
Almost nothing said in a negotiation may be:
used in a court case if the negotiation fails
False imprisonment:
violates the protected interest in freedom from restraint of movement
A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title is a(n):
warranty deed
A acceptance is properly communicated:
when it is sent by the offeree
Intentional torts are based on:
willful misconduct
Mike's is a highway construction company. Mike's is laying a highway through the mountains in West Virginia. At one spot they have to blast a hole through some rocks. Myra is hiking along the side of the road when the explosion occurs. She is thrown down by the explosion and breaks her leg. If she sues Mike's, she will:
win based on strict liability
Glasgow was electrocuted and died when he turned on his new television set. His family sued the TV maker, claiming design defect. The family will likely:
win because the product was defective
Green bought a scoop attachment for the front of his tractor that could be used to scoop up grain for his farm animals. After a snow, Green used the tractor to clear his driveway. Because of the cold, the scoop snapped-off and injured Green. In a suit against the maker, Green will likely:
win on basis of design defect
Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had:
a claim for invasion of privacy through misappropriation.
Jin worked on technical developments for Motorola. One year she took a leave of absence to return to her home country, China, to work for a year. After returning to Motorola, she downloaded thousands of documents, many of which involved trade secrets. She bought a one-way ticket to China and was arrested at the airport when she was about to go to China with the documents. She was convicted of theft and sentenced to four years in prison. The court of appeals held that she was:
properly convicted.