Final Exam (Test 2)

Strict Liability

the rule requiring producers to pay compensation to consumers injured by defective products, even though reasonable care has been exercised, is called:

arbitrary and fanciful

"Apple" (computers) and "Exxon" (gasoline) are examples of what kind of trademark?

Liable in strict liability based on express warranty

"Sports Glasses" advertises that is product will not break when used in contract sports. A hockey player catches a stick in the face; his "Sports Glasses" break and injure him. He sues the makers of "sports glasses". They likely be held:

Negligence

Alicia, talking on her cell phone, foolish runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is:

A life estate

Anna transfers, to her mother Mildred, ownership of Anna's second home so long as Mildred is alive. This is known as:

Fraud

When a person suffers an injury due to deliberate deception, there may be a tort of:

the wrongdoer's actions were motivated by malice

Which is not a necessary element of negligence?

Furniture

Which of the following is an example of tangible personal property:

Someone beats you up in a fist fight

Which of the following is most likely to be an example of a battery?

Periodic possession

Which of the following is not a condition to establish adverse possession:

none of these

The formula for Coca-Cola is:

Harms suffered by purchasers of defective products

The law of product liability is primarily concerned with:

fee simple

The most common form of real property ownership that gives exclusive possession to a particular piece of land from the center of the earth to the sky is:

Tenancy in Common

The ownership of the property by two or more persons who have an undivided interest in the property but has no right of survivorship is:

Sarah continued to inflict punishment on her attacker once the attacker was helpless

Sarah is attacked by Jane as she is getting mail from her mailbox. Sarah punches Jane and knocks her unconscious. While Jane is unconscious, Sarah continues to punch her. Sarah will not be able to use self-defense if Jane sues her for Battery because:

95 years

Suppose a team of artists who work for Fox draw The Simpsons television program and Fox owns the copyright. The duration of the copyright is:

the sender but not AOL unless AOL was aware of the activity and did nit halt it

Suppose someone uses an internet server, such a s AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against:

self-defense

Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face, breaking Bruce's nose. when Bruce sues Albert for battery, Albert is likely to use a defense.

20 years from time of application

A patent is good for:

Defamation Per se

A statement that is presumed by law to be harmful to the person to whom they were directed and therefore requires no proof of harm or injury is:

assuming the risk of being hit by a stray baseball

Baseball fans who willingly sit where they might be hit by a stray baseball during the normal course of play are:

evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendants behavior

Cause in fact is established by:

Trees

Real property may include:

all of the other specific choices are correct

Defenses against strict liability include(s)

Whether an injury to users could have been prevented by designing the product differently

Design defect cases focus on:

Lose because of the lack of proximate cause

Driving down the street you stupidly run a red light and hit a car legally going through a green light. You knock that car into a parked car, which knocks a loaded gun out of the parked car that fall sonto the street and fires a bullet that hits a person walking on the sidewalk. That person sues you in tort for damages. They will probably:

the counterfeit goods are still in violation of the law

If people are told that counterfeit goods are counterfeit then:

eminent domain

If the government takes land from a private owner without the consent of the owner it is exercising the right of:

Without privity

In MacPherson v. Buick motors the court held MacPherson for injuries caused by defective wheels on his buick. This case allowed for negligence for product liability:

There was nothing in the situation to suggest to a cautious mind that dropping the package would cause the plaintiff's damage

In Palsgraf v. Long Island Railroad Company, involving a women injured by an accidentally dropped package of fireworks that exploded as it was run over by a train, Palsgraf's injuries were not a result of negligence on the part of the railroad because:

trade dress

In Two Pesos, Inc v. Taco Cabana, Inc, the supreme court held that a mexican-style restraunt could not copy the decor of a competitor because of the law protecting:

Comparative Negligence

In Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room. As a result, the jury awarded her 3% of an $850,000 verdict, or $25,500. This action reflects which of the following legal doctrines?

a reasonably skilled, competent and experienced doctor

In a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard of that would be of that:

Intruder is not excused even if mistaken about the right to enter on the land

In a tort action for trespass to land the:

Willful Misconduct

Intentional torts are based on:

Assault

Is Sam points a gun at Harry, a stranger, and says "prepare to die", but then does nothing. the tort possibly committed is:

a restrictive covenant

Linda buys a house in Grover square. Her deed contains the following: "no homeowner in the Grover Squares shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." this clause is:

Sue Player B for battery because punching is against the rules of soccer

Player A voluntarily participates in a soccer game and gets punched in the face by Player B. Player A could:

An easement

The right of utility companies to run power lines over land and put water lines under private property is based on:

libel

The tort of printed or written defamatory communication is:

Negligence

The tort that protects individuals from harm based on careless and unintentional conduct of others is called:

what would a reasonable person have done under the same or similar circumstances

To determine if a person's conduct was negligent, one asks:

copyrights

To download Nintendo games on the Internet, where others could copy them freely, is a violation of which intellectual property rights.

intangible property

Trademarks, trade names, patents, and copyrights are a form of:

the first to use the name in a given area of business

Under the common law trade name protection belongs to:

cannot sue Bob for misrepresentation

While sitting beside a swimming pool, a neighbor, Bob, a roof installer, tells you that you should buy stock in HotNet because it is about to skyrocket in value. You invest all your money in the stock, which then drops to a zero. You:

Battery

While you are sound sleep, your roommate hits you in the head with a brick. This is most likely to be the tort of:

Conversion, and probably win even though you did not know the set was stolen

You go to a flea market and buy a LCD TV for $100. One day you receive a notice that the owner of the TV, which had been stolen from her house and sold by the thief at the flea market, wants the set back. She says if you do not return the TV she swill sue you for:

the furniture store owner suffered constructive eviction

a landlord rented space to a furniture store that would provide a good business environment. the landlord rented the next space to an exercise studio. The studio was very noise, causing the furniture store to lose business. The store owner complained to the landlord, who would do nothing. the store owner (Lesse) broke the lease before it was up and was sued by the landlord. The court would likely hold that:

Nuisance

your neighbor next door plays his stereo very loud at 3 am. he ignores your repeated requests for quiet and keeps up this habit. You are most likely to win suit for the tort of: