Ch 1- 7 Quizzes (Business Law)

Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red​ "Don't Walk" sign because she is looking at her cell phone. Suppose the jury finds that the driver is 80 percent responsible for the accident and that the pedestrian is 20 percent responsible. If the pedestrian suffered​ $100,000 in​ injuries, under the doctrine of partial comparative​ negligence, the plaintiff would recover​ _____ from the driver.

$80,000

Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red​ "Don't Walk" sign because he is looking at his cell phone. Suppose the jury finds that the driver is 20 percent responsible for the accident and that the pedestrian is 80 percent responsible. If the pedestrian suffered​ $100,000 in​ injuries, under the doctrine of partial comparative​ negligence, the plaintiff would recover​ _____ from the driver.

0

Suppose​ Rodney, while riding a​ bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 20 percent responsible for the injury and that the manufacturer is 80 percent responsible. If Rodney suffered​ $100,000 in​ injuries, under the doctrine of contributory​ negligence, Rodney would recover​ _____ from the manufacturer.

0

Suppose​ Rodney, while riding a​ bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 80 percent responsible for the injury and that the manufacturer is 20 percent responsible. If Rodney suffered​ $100,000 in​ injuries, under the doctrine of partial comparative​ negligence, Rodney would recover​ _____ from the manufacturer.

0

The first​ _____ amendments to the U.S. Constitution are commonly referred to as the Bill of Rights.

10

There are​ _____ circuits in the federal court system.

13

A design patent is valid for​ _____ years.

14

In what year was the U.S. Constitution ratified by the​ states?

1788

If a bill has been vetoed by the U.S.​ President, the bill goes back to​ Congress, where a​ _____ vote of each the Senate and House of Representatives is required to override the​ President's veto.

2/3

A patent for a new fruit smoothie vending machine would be valid for​ _____ years

20

Suppose​ Rodney, while riding a​ bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 20 percent responsible for the injury and that the manufacturer is 80 percent responsible. If Rodney suffered​ $100,000 in​ injuries, under the doctrine of comparative​ negligence, Rodney would recover​ _____ from the manufacturer.

80,000

Suppose​ Rodney, while riding a​ bicycle, is injured due to a defect in the manufacture of the bicycle. Further suppose the jury finds that that Rodney is 20 percent responsible for the injury and that the manufacturer is 80 percent responsible. If Rodney suffered​ $100,000 in​ injuries, under the doctrine of partial comparative​ negligence, Rodney would recover​ _____ from the manufacturer.

80,000

There are​ _____ U.S. District Courts.

94

Suppose Ling is injured in an automobile accident and Dr. Chen pulls Ling from the burning vehicle. If while examining Ling for injuries Dr. Chen accidentally fractures​ Ling's arm, under which of the following would Dr. Chen NOT be found​ liable?

A Good Samaritan Law

__ relieves medical professionals from liability for​ _____ negligence when they stop and render aid to victims in emergency situations.

A Good Samaritan Law; ordinary

Which of the following is NOT true about certification​ marks?

A party must be a member of the organization to use a certification mark.

__ cause is also called causation in fact

Actual

After it was discovered that​ Apple's software updates were intentionally causing their phones to slow​ down, which of the following did Apple NOT agree to​ do?

Apple agreed to stop slowing down phones.

In​ 1778, the Continental Congress formed a federal government and adopted the​ _____.

Articles of Confederation

___ of the U.S. Constitution authorizes Congress to enact statutes to protect the works of writers for limited times.

Article​ I, Section 8

___ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Assumption of the risk

___ courts were allowed to give equitable remedies under the English common law.

Chancery

The​ _____ School of jurisprudence believes that the law is a set of rules​ developed, communicated, and enforced by the ruling party rather than a reflection of the​ society's morality,​ history, logic, or sociology.

Command

The​ _____ Clause of the U.S. Constitution grants Congress the power​ "to regulate commerce with foreign​ nations, and among the several​ states, and with Indian​ tribes."

Commerce

English​ _____ law was developed by​ judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.

Common

The​ _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.

Critical Legal Studies

Under this​ act, a court may order an ex parte seizure order to obtain stolen trade secret items.

Defend Trade Secrets Act

The requirement that a state must notify a defendant of the crime with which it is charging the defendant as well as provide the defendant with a proper hearing is required by the​ _____ Clause of the​ _____ Amendment to the U.S. Constitution.

Due Process; Fourteenth

Which of the following is NOT true regarding electronic dispute​ resolution?

Electronic dispute resolutions still involve​ face-to-face meetings.

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution provides that a state cannot​ "deny to any person within its jurisdiction the equal protection of the​ laws."

Equal​ Protection; Fourteenth

Which of the following statements is true about the early development of English common​ law?

Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

The federal Economic​ _____ Act makes it a federal crime to steal​ another's trade secrets.

Espionage

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution prohibits the government from either establishing a​ government-sponsored religion or promoting one religion over another.

Establishment; First

The general test of proximate cause is​ _____.

Foreseeability

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution prohibits the government from interfering with the free exercise of religion.

Free​ Exercise; First

___ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless​ behavior; in such a​ case, punitive damages​ _____ allowed.

Gross; are

Which of the following is NOT true about the arrival of the information​ age?

It arrived after new laws were written that were unique and specific to this environment.

The​ ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.

Law and Economics

Assume that a state statute of limitations for strict liability is two years. If the plaintiff is injured by a defective product on May​ 1, 2018, by what date must the plaintiff file the​ lawsuit?

May 1, 2020

Assume that a state statute of repose for strict liability is seven years. If a purchaser purchases a product on May​ 1, 2018, but is not injured until May​ 1, 2019, when does the statute of repose​ expire?

May 1, 2025

A person in Oklahoma who uses the website of an Internet seller located in Tennessee can sue the online retailer in​ _________

Oklahoma under its long arm statute

Which of the following is an accurate statement regarding copyright​ law?

Only tangible writings are subject to copyright registration and protection.

The Zippo Manufacturing Company was physically based out of which​ state?

Pennsylvania

The Fourteenth Amendment contains the ​_________​, which provides that​ "No State shall make or enforce any law that shall abridge the privileges or immunities of the citizens of the United​ States."

Privileges & Immunities Clause

An Illinois law that prevents residents of Wisconsin from owning real estate in Illinois would violate the​ _____ Clause of​ _____ the U.S. Constitution.

Privileges and​ Immunities; Article IV of

__ cause is also called legal cause.

Proximate

___ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the​ situation, and the plaintiff would not have suffered injury but for​ someone's negligence.

Res ipsa loquitur

The executive branch of the federal government can enter into treaties with foreign governments only with the advice and consent of the​ _____.

Senate

Which of the following is NOT true about strict​ liability?

Strict liability requires the injured person to prove that the defendant breached a duty of care.

The​ _____ Clause of the​ _____ Amendment to the U.S. Constitution permits governments to take private property for public use with just compensation.

Takings; Fifth

Which of the following statements regarding arbitration is NOT​ true?

The arbitrators receive a percentage of the arbitration award.

Which of the following is NOT true about stare decisis​?

The courts of one jurisdiction are bound by the precedents established by the courts of another jurisdiction.

Who may issue executive​ orders

The president of the United States and state governors

Which of the following is NOT true regarding the appellate​ process?

The responding party is called the secondary defendant.

Which of the following is NOT true about the​ defendant's case?

The​ defendant's attorney can ask any questions of a witness even if the topic was not brought up during direct examination.

Which of the following is NOT true about registering a trademark with the U.S. Patent and Trademark Office​ (PTO)?

Trademark applications can either be mailed in or filed electronically.

_ the supreme law of the United States.

US Constitution

Many states have adopted the​ _____ to give statutory protection to trade secrets.

Uniform Trade Secrets Act

Which of the following is not a relevant question according to the IRAC method of critical legal​ thinking?

Which executive nominated the judge presiding over the​ case?

Why was Subway denied a trademark for the word​ "Footlong"?

Words that are descriptive but have no secondary meaning cannot be trademarked.

Which of the following is protected speech under the First​ Amendment?

a commercial advertisement

__ occurs when a product has been placed in packaging that is insufficiently tamperproof.

a defect in packaging

___ occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

a failure to warn

An example of a failure to provide adequate instructions would be​ __________.

a vague instruction manual to put together a bike

A manufacturer or seller is relieved of product liability if the plaintiff has been injured by​ a(n) _____ of a product.

abnormal misuse

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered.

appellate court

Which of the following is NOT a court in the state court​ system?

appellate courts of the military services

___ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.

arbitration

Which of the following is an example of the Socratic method of​ teaching?

asking students questions about a case or legal issue

_ is the threat of immediate harm or offensive​ contact, or any action that arouses reasonable apprehension of imminent harm.

assault

Suppose Marina Smirnoff is prescribed a medication that has side effects such as loss of hearing. Suppose further that her doctors described those risks to her and the side effects are prominently disclosed on medication. If Marina were to sue the pharmaceutical​ company, what defense would they be likely to​ assert?

assumption of risk

For the​ _____ defense to apply to a product liability​ action, the defendant must prove that the plaintiff knew and appreciated the​ risk, and that the plaintiff voluntarily assumed the risk.

assumption of the risk

Quasi in rem jurisdiction is also known as​ _____ jurisdiction.

attachment

The​ _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so.

attractive nuisance

__ is unauthorized and harmful or offensive physical contact with another person that causes injury.

battery

The two most common forms of mark dilution are​ _____.

blurring and tarnishment

What does the highest state court system hear appeals​ from?

both intermediate appellate state courts and certain trial courts

Which of the following is NOT one of the most common types of product​ defects?

breach of fiduciary duty

A UL mark indicating that products meet safety standards set by Underwriters​ Laboratories, Inc. is an example of which of the​ following?

certification mark

To maintain a class​ action, a class must be​ _____ by the appropriate federal or state court.

certified

When pretrial publicity may prejudice​ jurors, a​ _________ may be requested.

change of venue

Jury instructions are also known as​ _____.

charges

Which type of action requires certification that there is sufficient commonality among the​ plaintiff's claims by a court before it may​ proceed?

class action

A​ _____ is owned by an organization whose members identify themselves with the level of quality or accuracy or other characteristics of the organization. An example would be​ "Certified Public​ Accountant" or​ "CPA."

collective membership mark

Which of the following is NOT a recognized term for a false statement about a​ competitor's products,​ services, property, or business​ reputation?

commercial denunciation

Which of the following is an example of limited protected​ speech?

commercial speech

Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red​ "Don't Walk" sign because he is looking at his cell phone. Suppose the jury finds that the driver is 80 percent responsible for the accident and that the pedestrian is 20 percent responsible. If the pedestrian suffered​ $100,000 in​ injuries, under the doctrine of​ _____, the pedestrian can recover​ $80,000 in damages from the driver.

comparative negligence

___ is a doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.

comparative negligence

Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures​ Jorge, a resident of Michigan. Jorge seeks a​ $100,000 judgment against Josephina. The courts of​ Illinois, Michigan and the federal district court all have​ ___ jurisdiction.

concurrent

State courts have​ _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.

concurrent

_____ is the act of a court to combine two or more separate lawsuits into one lawsuit.

consolidation

The​ _____ test requires demonstration that a product is more dangerous than the ordinary consumer would expect.

consumer expectation

Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a​ case?

contingency fee

Suppose a driver who is driving over the speed limit negligently hits and injures a pedestrian who fails to see a red​ "Don't Walk" sign because she is looking at her cell phone. Suppose the jury finds that the driver is 80 percent responsible for the accident and that the pedestrian is 20 percent responsible. If the pedestrian suffered​ $100,000 in​ injuries, under the doctrine of​ _____, the pedestrian cannot recover any damages from the driver.

contributory negligence

Under the defense of​ _____, a party who is partially at fault for causing her own injuries is barred from recovering damages from the defendant in a product liability action.

contributory negligence

The​ _____ doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a​ person's body striking something inside the automobile in the case of a car accident

crashworthiness

____ improves a​ person's problem-solving skills and helps him or her to make​ clear, logical,​ rational, and​ well-reasoned conclusions and judgments.

critical legal thinking

If the defendant does not answer the​ complaint, a​ _____ is entered against him or her.

default judgement

A​ _____ occurs when a product is designed incorrectly.

defect in design

A​ _____ occurs when the manufacturer fails to assemble a product​ properly, test a product​ properly, or check the quality of a product adequately.

defect in manufacture

The person giving a deposition is called the​ _____

deponent

The Federal Trademark​ _____ Act protects famous marks from​ erosion, blurring, or tarnishing.

dilution

Which of the following is NOT discoverable electronically stored information​ (ESI)?

diplomas

___ occurs​ when, after the witness is sworn​ in, the attorney who called the witness asks questions of the witness.

direct examination

Which of the following is NOT a component of critical​ thinking?

discounting opposing positions and arguments

All parties in the chain of​ _____ of a defective product are​ _____ liable for the injuries caused by that product

distribution; strictly

_____ of citizenship occurs if a lawsuit involves citizens of different​ states, or a citizen of a state and a citizen or subject of a foreign country.

diversity

Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures​ Jorge, a resident of Michigan. Jorge seeks a​ $100,000 judgment against Josephina in the Illinois court. Josephina would be able to remove the case to federal court under​ _____

diversity of citizenship

Which divisions fall under the state trial courts of general​ jurisdiction?

domestic​ relations, probate,​ civil, juvenile, criminal

The internet and other computer networks permit parties to obtain website domain names and conduct business electronically. This is referred to as​ ______.

electronic commerce

When the states ratified the U.S.​ Constitution, they delegated certain​ powers, called​ _____ powers, to the federal government.

enumerated

Which of the following is NOT a primary function of law in the United​ States?

establishing uniform principles of individual morality

The Commerce Clause of the U.S. Constitution gives the federal government the​ _____ power to regulate commerce with foreign nations.

exclusive

Article II of the U.S. Constitution establishes the​ _____ branch of the federal government.

executive

Laws that are enacted only after considerable​ study, debate, and public input are an example of which function of the​ law?

facilitating orderly change

In Jones v. City of Seattle​, the court ruled in favor of Jones and found the city liable under negligence. What was it negligent​ of?

failing to block accidental access to the pole hole in the firehouse

The law permits certain unauthorized use of copyright materials under the​ _____ doctrine.

fair use

Comparative negligence is also known as comparative​ _____.

fault

The Securities and Exchange Commission is an example of a​ _____.

federal administrative agency

The U.S. form of government is referred to as​ _____, which means that the federal government and the 50 state governments share powers.

federalism

Fundamental rights guaranteed in the​ _____ Amendment to the United States Constitution include freedom of​ speech, freedom to​ assemble, freedom of the​ press, and freedom of religion.

first

The​ Leahy-Smith America Invents Act stipulates a​ _____ rule for determining the priority of a patent.

first-to-file

Which of the following regarding fraud is​ FALSE?

fraud is often used as the basis for product liability actions.

Under the​ _____ Clause of the United States​ Constitution, a judgment of a court of one state must be recognized by the courts of another state.

full faith and credit

Quasi in rem jurisdiction is permitted under​ _____ of the Constitution.

full faith and credit clause

The U.S. District Courts are the federal court​ system's trial courts of​ _____ jurisdiction.

general

Guns are widely known to be dangerous and therefore manufacturers are not liable if they do not place warning labels on them. What is this defense​ called?

generally known danger

When legal scholars look to past legal decisions​ (precedent) to solve contemporary​ problems, it is an example of which school of​ jurisprudence?

historical school

A​ court's jurisdiction over a person is called​ _____ jurisdiction.

in personam

Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures Jorge. Jorge can sue Josephina in Illinois because the court has​ _____ in Illinois over the defendant.

in personam jurisdiction

_____ jurisdiction means​ "jurisdiction over the​ thing."

in rem

The U.S. Supreme Court has applied the​ _____ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action.

incorporation

State​ limited-jurisdiction trial courts are sometimes referred to as​ _____ trial courts.

inferior

Intellectual property falls into a category of property known as​ _____ rights, which are not tangible physical objects.

intangible

Which of the following is NOT a required element of a negligence​ lawsuit?

intent

Which of the following torts is also referred to as the tort of​ outrage?

intentional infliction of emotional distress

A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller for the tort of​ _____.

intentional misrepresentation

Which of the following are the three categories of​ torts?

intentional​ torts, negligence, and strict liability

____ are written questions submitted by one party to a lawsuit to another party.

interragatories

Which of the following is NOT a major pleading in a​ lawsuit?

interragatory

States retained the power to regulate​ _____ commerce.

intrastate

Once the closing arguments are​ completed, the​ _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case.

judge

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____.

judgment not withstanding the verdict

Article III of the U.S. Constitution establishes the​ _____ branch of the federal government.

judicial

Laws that make certain activities crimes are an example of which function of the​ law?

keeping the pace

____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

law

Which of the following schools of jurisprudential thought might suggest that the federal​ government's policy of subsidized housing provides incentives resulting in too many homes being​ built?

law and economics

Which of the following are categories of courts that established English common​ law?

law, equity, and merchant

Article I of the U.S. Constitution establishes the​ _____ branch of the federal government.

legislative

A false statement that appears in writing or other fixed medium is​ _____, while an oral defamatory statement is​ _____.

libel; slander

What is the copyright period for an individual copyright​ holder?

life of the author plus 70 years beyond the​ author's life

a statute of​ _____ requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.

limitations

Offensive speech is an example of​ _____ speech.

limited protected

The​ bringing, maintaining, and defending of a lawsuit is generally referred to as​ _____.

litigation

A(n) _____ statute extends a​ state's jurisdiction to nonresidents who were not served a summons within the state.

long-arm

If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a​ case, it is a​ _____ decision.

majority

A​ _____ is any trade​ name, symbol,​ word, logo,​ design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other​ manufacturers, sellers, or providers.

mark

___ is a form of negotiation in which a neutral third party assists​ (without making a decision or an​ award) the disputing parties in reaching a settlement of their dispute.

mediation

United​ States' law evolves and changes along with all of the following​ EXCEPT:

misuses and oversights of our legal system

The​ _____ School of jurisprudence asserts that the law should be based on morality and ethics.

natural law

McDonalds failing to warn its patrons that the coffee they serve is exceptionally hot is an example of which of the​ following?

negligence

_____ is a tort related to defective products in which the defendant has breached a duty of care and caused harm to the plaintiff.

negligence

The violation of a statute that proximately causes an injury is​ _____.

negligence per se

The simplest form of alternative dispute resolution is​ _____.

negotiation

An invention is​ _____ if it is new and has not been invented and used in the past.

novel

A(n) _____ is a law enacted by local government​ bodies, such as cities and​ municipalities, counties, school​ districts, and water districts.

ordinance

The doctrine of unintentional tort is commonly referred to as​ _____ negligence.

ordinary

A motion for summary judgment is supported by evidence​ _____.

outside the pleadings

A comedy television show that performs satires of famous celebrities is an example of​ _______ fair use.

parody

Which of the following is NOT true regarding jury​ selection?

peremptory challenges can be used to be used to remove jurors based on​ race, ethnicity, or gender.

if five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the​ outcome, it is a​ _____ decision.

plurality

_____ power permits state and local governments to enact laws to protect or promote the public​ health, safety,​ morals, and general welfare.

police

The concept of federal law taking precedence over state or local law is commonly called the​ _____ doctrine.

preemption

Which of the following is NOT a major form of​ discovery?

pretrial conference

A settlement conference may also be referred to as the​ _______.

pretrial hearing

Which of the following is NOT a common factor a court may consider in evaluating the adequacy of a​ product's design through​ risk-utility analysis?

prevailing macroeconomic market conditions

The law recognizes each​ person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to​ _____.

privacy

Merchant protection statutes are also known as the​ shopkeeper's _____.

privilege

When the complaint and summons are served on the​ defendant, this is called service of​ _____.

process

Laws that allow for the settlement of cases prior to trial are an example of which function of the​ law?

providing a basis for compromise

In Palsgraf v. The Long Island Railroad Company​, Justice Cardozo said that​ "proof of negligence in the​ air, so to​ speak, will not​ do." What issue is this quote​ addressing

proximate clause

After the copyright period​ expires, the work enters the​ _____, which means that anyone can publish the work without paying the prior copyright holder.

public domain

misappropriation of the right to​ _____ is an attempt by another person to appropriate a living​ person's name or identity for commercial purposes.

publicity

In product liability​ cases, a court can award​ _____ damages if it finds that the​ defendant's conduct was committed with intent or with reckless disregard for human life.

punitive

Josephina is a resident of Illinois. Josephina causes an automobile accident in Michigan that injures Jorge.​ Jorge, the injured​ plaintiff, wins a​ $50,000 judgment against Josephina in the Illinois court. Although Josephine has no property in​ Illinois, she owns property in Indiana.​ Jorge, under​ _____, can bring a legal action in Indiana to recover​ Josephina's property there.

quasi in rem jurisdiction

The Supreme Court in Fisher v. University of Texas at Austin held that​ _____.

race-conscious admissions is lawful under the equal protection clause

A law that pays benefits to those over the age of​ 62, but not those who are younger would be subject to the​ _____ test.

rational basis

After the​ defendant's attorney has finished calling​ witnesses, the​ plaintiff's attorney can call witnesses and put forth evidence to rebut the​ defendant's case. This is called a​ _____.

rebuttal

The​ defendant's attorney can call additional witnesses and introduce other evidence to counter the​ plaintiff's rebuttal. What is this​ called?

rejoinder

In a civil​ case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been​ biased, emotional, or inflamed. This is called​ _____.

remittitur

A statute of​ _____ limits the​ seller's liability to a certain number of years from the date when the product was first sold.

repose

A competitor can lawfully discover a trade secret by​ _____ engineering.

reverse

Which of the following would NOT be considered misappropriation of a trade​ secret

reverse engineering

In evaluating the adequacy of a​ product's design, a court may apply a​ _____ analysis. This requires the court to consider the gravity of the danger posed by the​ design, the likelihood that injury will​ occur, the availability and cost of producing a safer​ design, and the social utility of the product.

risk-utility

The name FedEx is an example of a​ _____.

service mark

Lawyers typically operate on a​ contingency-fee basis for each of the following cases EXCEPT​:

simple bankruptcy proceedings

Many states have created​ _____ claims courts to hear cases involving small dollar​ amounts, such as​ $5,000 or less.

small

The​ _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.

sociological

A party who disputes the jurisdiction of a court can make a​ _____ appearance in that court to argue against imposition of jurisdiction. Service of process​ _____ permitted during such an appearance.

special; is not

To bring a​ lawsuit, a plaintiff must have​ _____ to sue.

standing

The doctrine of​ _____ promotes uniformity of law within a​ jurisdiction, makes the court system more​ efficient, and makes the law more predictable for individuals and businesses.

stare decisis

The Texas Natural Resources Code is an example of​ a(n) _____.

state statute

​A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

statute

A​ _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

statute of limitations

The Tiger Queen operates a tiger sanctuary in Oklahoma. Under the doctrine of​ _____, if a tiger escapes and injures someone​ nearby, the Tiger Queen would be liable without the plaintiff having to prove fault.

strict liability

A governmental action that interferes with the right to vote would be subject to the​ _____ test.

strict scrutiny

​_______ is a category of due process that requires government​ statutes, ordinances,​ regulations, or other laws be clear on their face and not overly broad in scope.

substantive due process

A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint.

summons

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the​ seller's possession and the alteration or modification causes an injury. Such alteration or modification is called a ​ _____ event.

supervening

The​ _____ Clause of the U.S. Constitution establishes that the Constitution and federal​ treaties, laws, and regulations are the supreme law of the land.

supremacy

The highest court in a state court system is usually referred to as the state​ _____ court.

supreme

Which of the following is NOT a recognized method of service of​ process?

symbolic

Using the mark Gucci on a deck of playing cards depicting sexually explicit graphics is an example of​ _______.

tarnishment

Which of the following is NOT a skill developed through reviewing the court cases in the​ textbook?

technical computr skills

Which of the following CANNOT be registered to receive trademark​ protection?

the US flag

Which of the following is NOT an element required to prove​ disparagement?

the defendant made the statement without intent to injure the plaintiff

What is the legal effect of a tie vote at the United States Supreme Court​ level?

the lower court decision is​ affirmed, and the vote is not precedent for later cases

After Michael Carneal shot his fellow​ students, the U.S. Court of Appeals ruled that the producers of violent video games and movies - those that Michael watched prior to committing the shooting - could not be held liable because they were not the proximate cause of​ Michael's actions. What is proximate​ cause?

the point along a chain of events where the negligent party can no longer be held liable

Which of the following is NOT a required element of​ fraud?

the wrongdoer was a casual​ (i.e., a​ non-merchant) seller

What is the​ dollar-amount limit on federal question cases that can be brought in federal​ court?

there is no dollar amount limit

What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common​ law?

to administer the law in a uniform manner

What was the main reason for the establishment of chancery courts during the development of English common​ law?

to eliminate unfair results and limited remedies of law courts

What is the function of an intermediate appellate​ court?

to review the trial court for record errors

Because strict product liability is​ a(n) _____​ doctrine, privity of contract between the plaintiff and the defendant​ _____ required.

tort; is not

The name Tesla is an example of a​ _____.

trademark

Under the​ _____ intent​ doctrine, the law transfers the​ perpetrator's intent from the target to the actual victim of the act.

transferred

A​ _____ vote of the U.S. Senate is required to impeach the president.

two thirds

If all of the United States Supreme Court Justices agree as to the outcome and reasoning used to decide a​ case, it is a​ _____ decision.

unanimous

Which of the following is NOT a defense against​ negligence?

unintentional negligence

Obscene speech is an example of​ _____ speech.

unprotected

A(n) _____ patent protects the functionality of an invention.

utility

_____ is concerned with the geographical location of the court where a lawsuit is commenced.

venue

An electronic court is also called a​ _____ courthouse.

virtual

Electronic courts​ (e-courts) may also be referred to as​ _______.

virtual courthouses

____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

voir dire

Tort is the French word for a​ _____.

wrong

The United States Supreme Court is composed of​ _____ Justices who are nominated by the​ _____ and confirmed by the​ _____.

​nine; President; Senate

To be​ patented, an invention must be​ _____.

​novel, useful, and nonobvious