LEGAL ENVIORNMENT TEST 2

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:

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

Which of the following types of intellectual property protection usually has a set term of 20 years?

patent

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection?

patent protection

The Lanham Act:

protects the rights of trademark holders.

Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:

put Jerome in the position he would have been in had the tort not occurred.

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.

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:

the Digital Millennium Copyright Act.

A person is NOT guilty of racketeering if:

they actually commit any single qualifying offense

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.

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. 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:

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:

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 Alfonso used excessive force

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.

Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:

what a reasonable person would have done under the circumstances.

The reasonable person standard applies to which of the required elements to be proved in a negligence case? Choose 2 answer choices.

- Breach of duty - Duty of care

In what stages of the criminal process could a jury be involved? Choose 2 answer choices.

- Indictment - Trial

How does larceny differ from embezzlement? Choose 2 answer choices.

-The intent could include taking the property temporarily. - It requires that the property is entrusted to the perpetrator.

What does mens rea require?

A particular state of mind

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

Berne Convention

RICO stands for:

Racketeer Influenced and Corrupt Organizations Act

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection?

fanciful, arbitrary, suggestive, descriptive, generic

A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)?

fines, imprisonment, and forfeiture of property

Patentability requires the invention be:

novel, non-obvious, and useful

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.

-A valid contract existed between the plaintiff and a third party. - The defendant knew a contract between the plaintiff and a third party existed. - The plaintiff experienced injury or damages as a result of the defendant's actions.

The holder of a utility patent may protect their rights for:

20 years from the date they apply for the patent.

An author may expect to receive copyright protection for the life of the author plus:

70 years

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods?

Anti-Counterfeiting Trade Agreement

At what stage in the criminal process does the defendant typically plead guilty or not guilty?

Arraignment

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

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 both the United States and Australia are signatories to the Berne Convention.

A jury finds Joe not guilty of murder. Investigators have found new evidence proving Joe's guilt, so the prosecutor in the case wants to charge and try Joe again. What prevents the government from doing this?

Double Jeopardy

Franklin tosses a ball up in the air and intends to catch it, yet the ball hits a bystander, Yen, and injures her. Which of the following is correct?

Franklin was negligent.

What factor should a plaintiff consider when deciding which interference tort applies to a situation?

If the plaintiff had a contract with another party who breached the contract.

What must a plaintiff prove in an intentional tort case?

Intent to commit the act.

Which of the following qualifies for protection under the first sale doctrine?

Lucia purchases a book and later resells it to her friend.

Which of the following provides notification to a criminal defendant in custody of the right to an attorney?

Miranda warning

How does the punishment for a misdemeanor differ from the punishment for a felony?

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?

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

You've spent the last eighteen months writing a how-to book for entrepreneurs who want to establish their own business. As you put the final editing touches on the book, you start thinking about how you can protect your book, and how you can make sure you receive the profit from it. What do you think you should do to make sure only you can profit from your work? How long do you think the protection for your book will last?

Nothing; copyright protection happens automatically once the work is in tangible form. as long as you live, plus seventy years

Cari discovers that Lucas has a criminal background and shares this information with others where they both work. Which intentional tort could apply here?

Public Disclosure of Private Facts

Why would a superseding cause relieve a tort defendant of liability?

The defendant could not have reasonably foreseen the event.

Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?

The plaintiff must address all of the elements.

Which element of trespass to land does not involve the trespasser?

The plaintiff must have a possessory interest in the land.

At a surprise party for their boss, Steve hid in the coat closet thinking he would jump out in about 5 minutes. His co-worker Fred, who didn't like Steve, locked the closet door. Steve panicked when he discovered the door was locked, passed out in the closet, and was not found for hours. Are all the elements for the intentional tort of false imprisonment met?

Yes, because Fred intentionally restrained Steve against his will and caused him harm.

You run a local marathon, and it is very crowded. As you approach the first mile marker, you accidentally trip one of the other runners. She falls hard, hits her head on the pavement, and is taken away in an ambulance. She later sues you for negligence. What do you think would happen if you defend the lawsuit by saying that you did not intend to trip her?

You would not be successful because intent is not required for a negligence claim

Which of the following types of intellectual property may only be owned by a business?

a trade secret

The first sale doctrine:

allows a person who owns a lawfully made copy of a copyrighted work to sell the copy.

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:

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

Which of the following defenses to negligence is used to assign liability proportionately to the level of harm from each party's own conduct?

comparative fault

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:

copyright.

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

What is the term for prohibiting a prosecutor from trying a criminal defendant twice for the same crime?

double jeopardy

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:

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:

embezzlement

In a criminal case, which type of evidence will be excluded at trial?

evidence obtained illegally or without a search warrant

A business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

What must a prosecutor prove when the law requires mens rea?

intent

Jan claims she was under the influence of drugs and has no recollection of committing a crime. This defense is known as:

intoxication

After class one day, you are in a hurry to meet a friend and accidentally leave your textbook in the classroom. You soon realize you do not have your book and return to the classroom to get it. Unfortunately, the book is gone. You go to lost and found, but no one has returned it. Later, you find out that someone took your book and sold it. What crime was committed by the person who took your book?

larceny

Ben is very mad at his supervisor because of pay cuts. Ben plots to damage some equipment so his company will have to pay him overtime compensation to repair it. In which of these situations could Ben be found guilty? Choose 2 answer choices.

- Ben walks over to the equipment holding a heavy sledgehammer he brought from home, but at the last minute, decides against hitting the equipment. Instead, he trips and falls, slamming the sledgehammer into a crucial part of the equipment, which ruins the machine. - Ben carries out his plan, but there are no witnesses.

Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.

- Breach of duty of care. - Duty of care.

A judge issues a warrant without probable cause. What protection will limit the usage of any evidence that is now gathered? Choose 2 answer choices.

- Exclusionary Rule - Fourth Amendment

A chain of jewelry stores uses an actress, Felicity Fake, who resembles Rachel Real, a famous actress, to appear in commercials for their stores, with the intent of giving the impression that Rachel Real is endorsing the chain. They dress Felicity in a dress similar to the dress Rachel Real wore in her most famous movie and ask Felicity to imitate Rachel's voice. Rachel Real is insulted by the presentation. For which intentional tort could Rachel sue the company? Choose 2 answer choices.

- Invasion of Privacy - Appropriation

Which of the following is considered a conversion of personal property? Choose 3 answers.

- Someone borrows your car and leaves the state with it, not intending to return. - You allow your friend to use your boat for a weekend, but he doesn't return it for another month because he had parties every weekend. - You lend your cell phone to a fellow classmate, and they take it to the dorm and sell it to someone else.

The reasonable person standard can vary based on what factors? Choose 2 answer choices.

- The occupation of the defendant - Facts and circumstances of the situation.

Clarence sneaks into his neighbor's yard and takes a bike to sell for cash. What crime could he have committed? Choose 2 answer choices.

- Theft - Larceny

In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.

- actual missed days at work - the loss of a spouse's companionship - medical bills

To meet the elements of intentional infliction of emotional distress, a defendant's actions must be which of the following? Choose 2 answers.

- be intentional or reckless - be outrageous and extreme

When a defendant faces a negligence lawsuit, what defenses are available? Choose 3 answers.

- comparative fault - contributory negligence - assumption of risk

White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers.

- mail and wire fraud - embezzlement

Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:

not be successful if Liam's comments on Neely's written evaluation were made in good faith.

Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:

not be successful, because Rihana did not assume the risk of the water ride collapsing.