BUSI Law Test 2

Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play

Dale and Esty

Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods.

False

In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty.

False

Larceny involves force or fear, but robbery does not.

False

One of the purposes of criminal law is to compensate the victims.

False

The registration of a copyright is not evidence that the copyright is valid.

False

Those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer.

False

To be held liable for negligence the likelihood that your conduct or action would cause an injury must have been foreseeable to you.

False

To maintain an action in strict product liability, the plaintiff must show why and how the product became defective.

False

Information that may be protected as trade secrets includes

all of the choices

Works that are copyrightable include

all of the choices

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

automatic

Do-It-Rite Inc. makes and markets tools. Evan uses a Do-It-Rite power screwdriver to scrape grout—a purpose for which it was not intended—and is injured when the tool slips. Evan files a product liability suit against the maker. The defendant's best defense is most likely

product misuse

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

robbery

Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed

trespass to personal property

A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

False

A manufacturer or seller has a duty to warn about a risk that is obvious or commonly known.

False

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

False

Pricing information is not a trade secret.

False

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

False

Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.

False

The four elements of negligence are duty, breach of duty, proximate cause, and injury/death and /or property damage.

False

Why do we hold those in the chain of distribution of a defective product liable for injuries caused by the defect, even if they did nothing wrong?

It is easiest for those who profit from defective items to spread the risk of injuries and/or buy insurance for their losses.

Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is

false

Chic signs Del's name, without authorization, to the back of Del's paycheck, which was issued by Earth Foods Market. This is

forgery

Seymour is accused of a crime. To obtain information about the crime from Seymour, the state can

grant Seymour immunity from prosecution

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

none of the choices

If there is an injury and the area of injury was under the complete control of the defendant, and there were now itnesses or other evidence, the plaintiff's best theory of recovery is:

res ispa loquitor

Syd offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Syd is charged with the crime of bribery. The crime occurred when

the bribe was offered

Our society imposes upon you a duty not to injure anyone.

True

To obtain copyright protection under federal law, a work must be original.

True

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

a theft of trade secrets

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except

an ineffective marketing plan

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is

copyright infringement

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is

defamation.

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that

the ladder was in a defective condition when Steps & Rungs sold it.

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is

the privilege against self-incrimination

Beau devises a scheme to send fraudulent e-mails—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Beau intends to obtain money and personal data. This is

wire fraud

The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh's injury

without regard to the fault of the company

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Diego was not injured

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

False

A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

False

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

False

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

False

Slander is easier to recover damages for than libel

False

Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.

False

Tort law is designed to protect a person from injury.

False

Under the doctrine of strict liability, a defendant's liability depends on privity of contract.

False

Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

False

Vicarious Liability means a business will only be responsible for the intentional torts of its' employees.

False

The need to protect intellectual property is recognized in the U.S. Constitution.

True

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is

a license

Pete, a broker, advises Ollie to invest in Rocky Road Inc. When the share price of Rocky's stock decreases, Ollie accuses Pete of fraud, claiming reliance on Pete's advice. The reliance that gives rise to liability for fraud requires

a misrepresentation of fact knowing that it is false.

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is

a patent

Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as

a reasonable person

Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for

conversion

Khan, the owner of Lakeside Park, trusts Moira to manage the resort's daily cash flow. One night, without Khan's knowledge or consent, Moira takes and keeps $1,000 from the receipts. This is most likely

embezzlement

Bram knows that the pipes in his building leak, but he tells Cass, a potential buyer, that there are no leaks. On this assurance, Cass buys the building. On learning the truth, she may sue Bram for

fraudulent misrepresentation.

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

if the evidence is "fruit of the poisonous tree."

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

knowledgeable user

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed

larceny

Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for

negligence

You were speeding in front of Samford Hall and hit and injured a pedestrian. The pedestrian's best legal theory to use to obtain a judgment against you is:

negligence per se

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is

none of the choices.

Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are

obvious

To be protected under the Copyright Act, a work must be

original and fixed in a durable medium

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

patent infringement

Good Samaritan statutes were passed largely to protect, in emergency situations,

physicians and medical personnel

Petro Parts Inc. makes and sells parts for the repair of motor vehicles. Olsen suffers a loss when a defective Petro part causes damage to her car's engine. With respect to Olsen's product liability suit against Petro, an applicable statute of repose

places an outer time limit on bringing the suit

Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

probable cause

Felice is injured when a can of Ground-Up explodes into flames. Herbicides Inc. manufactured the Ground-Up. Under product liability laws, Felice's options include

suing Herbicides Inc

As with intentional torts, to recover for negligence you must cause an actual injury or damage to another or another's property.

True

Certain business processes are patentable.

True

Crimes are offenses against society as a whole.

True

Foreseeability is the test for proximate cause.

True

Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety.

True

If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.

True

In a criminal case, the state must prove its case beyond a reasonable doubt.

True

Intellectual property is property resulting from intellectual, creative processes.

True

Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

True

Some business processes can be protected as trade secrets.

True

Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff's conduct.

True

The U.S. Constitution provides safeguards that apply not only in federal but also in state courts.

True

The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.

True

A criminal defendant has the right to confront accusers and to present his or her own witnesses.

True

A defendant may be able to limit liability for injuries caused by a defective product by showing that a plaintiff's negligence contributed to the injuries.

True

A patent applicant must demonstrate that an invention is useful to receive a patent.

True

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

True

An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.

True

Any time one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

True