Law and Legal Exam 2

A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers. -It is identified for recall. -A less dangerous alternative was available but was not used by the manufacturer. -it is inherently dangerous but is even more dangerous than an ordinary consumer would expect. -The manufacturer failed to adequately warn the consumer about the dangers of the product.

-A less dangerous alternative was available but was not used by the manufacturer. -it is inherently dangerous but is even more dangerous than an ordinary consumer would expect. -The manufacturer failed to adequately warn the consumer about the dangers of the product.

A plaintiff must prove which two of the following to succeed in a design defect case? Choose 2 answers. -The product did not contain reasonable instructions or warnings of the product's potential harm. -The product was defective even if there was no reasonable alternative design. -An alternative design was safer and available and the manufacturer did not use the alternative. -The failure to use a safer design was the cause of harm to the plaintiff.

-An alternative design was safer and available and the manufacturer did not use the alternative. -The failure to use a safer design was the cause of harm to the plaintiff.

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods? -Anti-Counterfeiting Trade Agreement -Berne Convention -Trade-Related Aspects of Intellectual -Property Rights Agreement Madrid Protocol

-Anti-Counterfeiting Trade Agreement

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that: -Dakota's novels will be protected if the United States has signed the Berne Convention. -Dakota's novels will be protected if Australia has signed the Berne Convention. -Dakota's novels are only protected in the United States. -Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.

-Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.

What are the three types of defects under which a party may be held strictly liable? (Select 3) -Design Defect -Dangerous Product. -Inadequate warnings. -Manufacturing Defect

-Design Defect -Inadequate warnings. -Manufacturing Defect

Marla suffers a heart attack after taking a prescription drug that has been linked in studies to heart problems. Marla would like to sue for her injuries. Marla does her homework and discovers there are five manufacturers of the drug. Unfortunately, because Marla took the drug five years ago, there is no way to tell which manufacturer created the actual drug that Marla took. To proceed with her lawsuit: -Marla can do nothing if she cannot find out which manufacturer made the actual drug that she took. -Marla can sue the manufacturer who manufactured the greatest amount of the drug. -Marla can choose any of the five manufacturers to sue. -Marla can sue all five manufacturers, and any recovery she receives will be apportioned among the manufacturers according to their share of the market.

-Marla can sue all five manufacturers, and any recovery she receives will be apportioned among the manufacturers according to their share of the market.

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated: -Wordsample's copyright rights. -no rights. -Wordsample's trademark rights. -Wordsample's trade secret rights.

-Wordsample's copyright rights.

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has: -not committed copyright infringement because her actions are permissible under the first sale doctrine. -committed copyright infringement if she sells the textbook back to the bookstore at the end of the semester. -committed copyright infringement because her actions are not permissible under the first sale doctrine. -not committed copyright infringement whether or not she sells the textbook back to the bookstore at the end of the semester.

-committed copyright infringement because her actions are not permissible under the first sale doctrine.

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a: -trade secret. -patent. -trademark. -copyright.

-copyright.

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is to bring copyright laws into the digital age by regulating digital media copyright infringement. As with non-digital assets, an owner of copyrightable material: -must include a (c) symbol on their digital work in order to be protected from reproduction. -does not need to include a (c) symbol on their digital work in order to be protected from reproduction. -to hold internet service providers accountable for digital copyright infringement by their users. -must include a (c) symbol on their digital work in order to have worldwide protection from reproduction.

-does not need to include a (c) symbol on their digital work in order to be protected from reproduction.

A business will be able to protect its trademark for how long? -as long as the registration is renewed every 70 years -forever, whether or not it is in use -20 years from the date of registration of the trademark -if unregistered, as long as it is in use

-if unregistered, as long as it is in use

Kevin is preparing his wife's favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin's wife rushes him to the emergency room. Kevin receives twenty stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he will: -win, if he can prove that he was not careless with the knife. -win, because a knife is an unreasonably dangerous product. -lose, because a sharp knife is not unreasonably dangerous. -lose only if he was not using the knife in the manner in which it should be used.

-lose, because a sharp knife is not unreasonably dangerous.

When a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonably foreseen, the defendant may assert which defense? -comparative fault -assumption of risk -superseding cause -misuse or abuse of a product

-misuse or abuse of a product

Angelina and Sophia attended a professional development retreat at Ferncliff Camp. They met at a downtown location and traveled to the camp by bus. After three days of team-building exercises, Angelina and Sophia returned on the bus to their respective cars. When Angelina arrived at home, she discovered the camp employee who unloaded the bus had given her Sophia's luggage by mistake. She called the camp to explain what happened and hopefully get her luggage back. Angelina can be charged with the crime of: -conversion. -theft by receiving, because the suitcase was handed to her by a camp employee. -theft, because she took Sophia's suitcase without permission. -nothing, because she did not have the mental state required to commit a crime.

-nothing, because she did not have the mental state required to commit a crime.

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection? -copyright protection -trade secrets protection -patent protection -trademark protection

-patent protection

Which of the following tests may be used by a court in a design defect case? Choose 2 answers. -risk-utility analysis -market-share liability analysis -consumer expectation test -obvious risk analysis

-risk-utility analysis -consumer expectation test

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money but knows she will have to reveal her formula to obtain a patent, otherwise she would have to keep it a trade secret. If Monica decides to apply for and receives a patent on the cleaning solution: -she has revealed the formula, but has the sole right to produce it and sell it for twenty years. -she has revealed the formula, but has the sole right to produce it and sell it for fourteen years. -she will be protected under Section 757 of the Restatement of Torts -she can change the formula and still maintain her patent.

-she has revealed the formula, but has the sole right to produce it and sell it for twenty years.

Fernando is riding his Kawasaki motorcycle and the front wheel falls off. Fernando is severely injured, of course. Fernando hires a mechanic to look at the motorcycle. The mechanic discovers that the bolt that holds the front tire in place had broken in half because it was not thick enough, and this is what caused the tire to fall off. The mechanic explained that using a thicker bolt would only have cost a few dollars more! Fernando sues Kawasaki for his injuries, claiming that Kawasaki had used a defective design in manufacturing its motorcycle. To be successful in his defective design product liability lawsuit, Fernando must prove: -only that the tire fell off and that Fernando was injured. -only that the product was unreasonably unsafe. -that Kawasaki intentionally used defective materials in its design. -that a reasonable alternative design was available, and that as a result of the failure of Kawasaki to adopt the alternative design, the product was not reasonably safe.

-that a reasonable alternative design was available, and that as a result of the failure of Kawasaki to adopt the alternative design, the product was not reasonably safe.

Myra purchases an electric can opener from her neighbor's yard sale. That evening, as Myra is using the can opener for the first time, it explodes, sending shards of plastic and metal into Myra's face and eyes. Myra wants to file a product liability lawsuit because the can opener was defective and caused her injury. If Myra files the lawsuit, she can effectively sue: -the retailer who sold the can opener to Myra's neighbor and the manufacturer of the can opener. -Myra's neighbor, the retailer who sold the can opener to Myra's neighbor, and the manufacturer of the can opener. -Myra's neighbor only, because Myra purchased the can opener from the neighbor. -the manufacturer of the can opener only.

-the retailer who sold the can opener to Myra's neighbor and the manufacturer of the can opener.

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Benita knows if she files a patent application, she would have to include a list of her ingredients. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a: -copyright. -trade secret. -trademark. -patent.

-trade secret.

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a: -patent. -trade secret. -trademark. -copyright.

-trademark.

Alfonso plays basketball for Hope County High School. His team makes it to the state tournament, where they play their archrival, Duvall County High. After an intense game where tempers run high, the Hope County team wins. While walking home from the basketball game, Alfonso is confronted by George, a member of the Duvall County team. George pushes Alfonso, causing him to fall to the ground. Enraged, Alfonso pulls a gun from his gym bag and shoots George in the chest, killing him instantly. Alfonso is arrested and charged with murder. Alfonso claims he shot George in self-defense. At trial, Alfonso's claim of self-defense is likely to be: -unsuccessful, because self-defense cannot be a defense to a charge of murder. -successful, because George was the initial attacker. -unsuccessful, because Alfonso used excessive force. -successful, because a person is entitled to defend himself against attackers.

-unsuccessful, because Alfonso used excessive force.

Laura purchases a lawnmower from Tractor Supply. The lawnmower has a flap in the back so the blade is not exposed to the person pushing the lawnmower. Laura does not like the flap dangling down, so she removes the flap. While Laura is mowing her yard, the mower slings a sharp rock into the air. The rock strikes Laura in the eye. Laura sues Tractor Supply, alleging that the lawnmower is defective and caused injury to her. In her lawsuit against Tractor Supply and the manufacturer, Laura will likely be: -unsuccessful, because Tractor Supply is a not a merchant dealer. -successful, because the lawnmower clearly caused her injuries and therefore must be defective. -unsuccessful, because the lawnmower was not in the same condition that it was in when she bought it. -successful, because Tractor Supply is a merchant dealer.

-unsuccessful, because the lawnmower was not in the same condition that it was in when she bought it.

An author may expect to receive copyright protection for the life of the author plus: -10 years. -20 years. -70 years. -50 years.

70 years

The earliest international agreement that provided copyright protections among the signatories to the agreement was the: Trade-Related Aspects of Intellectual -Property Rights Agreement. -Madrid Protocol. -Anti-Counterfeiting Trade Agreement. -Berne Convention.

Berne Convention.

Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States' waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed's unlawful actions, can Bristol be held criminally liable? -Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions. -Bristol can be held criminally liable whether or not Ahmed was acting within the scope of employment. -Bristol cannot be held criminally liable unless it directed Ahmed to take the illegal action. -Bristol cannot be held criminally liable, even if Sanford knew of Ahmed's actions.

Bristol can be held criminally responsible if Sanford knew of Ahmed's criminal actions.

Which of the following statements accurately describes why the theory of strict liability was developed? -Manufacturers are assumed to have a selfish intent because of the capital market. -Manufacturers should be punished for producing unsafe products. -Sometimes it cannot be proven which manufacturer was responsible for the harm caused by a defective product, or a part related to the product. -Manufacturers can bear the costs of the damages resulting from their products better than an individual consumer.

Manufacturers can bear the costs of the damages resulting from their products better than an individual consumer.

Which of the following provides notification to a criminal defendant in custody of the right to an attorney? Miranda warning First Amendment warning arraignment plea

Miranda Warning

How does the punishment for a misdemeanor differ from the punishment for a felony? A felony sentence is always served in prison. Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail. There is no difference between the fines assessed for a misdemeanor and those assessed for a felony. The only difference is that felony imprisonment is longer.

Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail.

For some time, the police have suspected Abbie of selling drugs out of her apartment, but the police have not been able to gather any concrete evidence with which to prosecute Abbie. One night, the police decide to try a knock-and-talk procedure, where the police just knock on Abbie's door and see if Abbie will allow them inside. Abbie refuses to give consent for the officers to enter after they knock, but the police officers push past Abbie anyway. Once the officers are in the apartment, the officers see drugs in plain sight, so the police seize the drugs and arrest Abbie for possession with intent to sell. At Abbie's trial, can the drugs be entered into evidence? -Yes, the drugs can be admitted into evidence at trial because the officers had probable cause to enter Abbie's apartment. -No, the drugs cannot be admitted into evidence at trial because Abbie was not read her Miranda rights. -No, the drugs cannot be admitted into evidence at trial because they were illegally obtained. -Yes, the drugs can be admitted into evidence at trial because they were in plain view.

No, the drugs cannot be admitted into evidence at trial because they were illegally obtained.

Which of the following describes a product with a defective condition? -The product has a defect that was known to the manufacturer. -The product is not reasonably fit for its ordinary and intended use. -The product was more dangerous than an alternative. -The product has an obvious and observable defect.

The product is not reasonably fit for its ordinary and intended use.

Which of the following types of intellectual property may only be owned by a business? a patent a copyright a trade secret a trademark

a trade secret

An activity that may cause a substantial risk of harm regardless of the amount of care exercised is called what? -defective manufacturing -an inherently hazardous activity -an ultra-hazardous activity -an assumption of risk

an ultra-hazardous activity

What is the prosecutor's burden of proof in a criminal case? clear and convincing evidence beyond a reasonable doubt preponderance of the evidence substantial evidence

beyond a reasonable doubt

John approaches a stranger standing at John's car who appears to be about to break the window. Before the stranger sees him, John knocks him to the ground. What should John claim as a defense to the criminal battery charge? defense of property defense of person self-defense defense of other

defense of property

A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of: larceny. robbery. theft. embezzlement.

embezzlement

Bart works as an accountant for Good Times Restaurant. He is responsible for not only keeping the books current but also for making daily bank deposits for Good Times. Bart has been struggling financially, so he decides to put some of the daily bank deposits for Good Times into his personal account, instead of the bank account of Good Times. Every day, for one month, he takes ten percent of the cash receipts from Good Times and deposits them into his personal checking account. When the manager of Good Times discovers what Bart is doing, she contacts the police, and Bart is arrested. Bart can be found guilty of: -larceny. -robbery. -embezzlement. -hacking.

embezzlement

A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)? mandatory life imprisonment fines, imprisonment, and forfeiture of property severe fines only fines and imprisonment only

fines, imprisonment, and forfeiture of property

Through which proceeding do prosecutors obtain an indictment? grand jury pre-trial motion trial arraignment

grand jury

Jan claims she was having a hallucination as the result of her clinically diagnosed schizophrenia while committing a crime. This defense is known as: person. insanity. necessity. intoxication.

insanity

What must a prosecutor prove when the law requires mens rea? intent a criminal act motive opportunity

intent

White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers. assault and battery. mail and wire fraud. embezzlement. defamation.

mail and wire fraud embezzlement

What liability theory is used by courts to allocate damages when there are multiple defendants and it cannot be proven which defendant was responsible? -equitable liability -product liability -risk liability -market-share liability

market-share liability

Which of the following types of intellectual property protection usually has a set term of 20 years? -patent -trade secret -copyright -trademark

patent

What is the term for the defense that a product was manufactured in compliance with all safety and health standards required at that time and used current technical or scientific knowledge? -cutting edge defense -state-of-the-art defense -puffery defense -business advantage defense

state-of-the-art defense