phil 186 final
The test the Supreme Court set for libel of public figures in New York Times v Sullivan (1964) if that defamatory falsehoods must be made with:
"actual malice"
How many US Court of appeals "Circuit Courts" are there?
13
Of the 23 Superfund sites near SJSU (in Santa Clara county), how many were contaminated by the technology companies?
19
The Food Safety Modernization Act was enacted in response to:
9 major outbreaks of food poisoning from contaminated produce between 1995 and 2012
In ancient Greek history, the 300 years between 1050 BC and 750 BC were:
A dark age in which all knowledge of writing was lost
A negative duty is:
An action we must not perform
Berry Good LLC registers its trademark and Crabapple Inc uses the mark without consent to sell imitation products. Berry has a cause of action against:
Crabapple
The only one of the following NOT seeking to rewrite the current law protecting the right of Americans to make "absurd, hyperbolic, and sometimes even false statements about their political leaders" is
Fox News
The person who changed photography from a profession, practiced by trained and equipped professionals, into an expensive home market simple enough for children to do, is:
George Eastman
Which of the following statements about Portland Cement is NOT true?
It is the second most common type of cement in use today
Predictive Data LLC makes and sells a software that enables a business to precisely target its advertising to buyers. The company could successfully bring an action for copyright infringement against a competitor who copies which of these aspects of its software?
Its source or machine code
Below are five statements made in the "Heed Their Rising Voices" ad in the NY Times. The only one NOT false is:
Martin Luther King's home was bombed
Although both Ethics and Aesthetics deal with value judgements, they differ in that the value judgements made in Ethics are generally regarded as:
Objective while aesthetics judgements are subjective
Copyright owners are protected against all but which one of the following without their consent?
People passing around purchased copies of the work
In a socialist doctrine, business practices that exploit workers, society, and the environment are the inevitable result of
Private ownership of property and the profit motive
According to Cicero, the first person to call themselves a philosopher was:
Pythagoras
Which of the following torts is a generally ethical business person most likely to commit?
Simple negligence
ChemCo Inc makes and sells products containing ingredients potentially hazardous to consumers. The govt agency that has the authority to order ChemCo to remove a product from the market is:
The Consumer Product Safety Commission
The most important legislation regulating food and drugs is:
The Federal Food, Drug, and Cosmetic Act (FDCA, 1938)
Which one of the following statements about the US legal system is NOT true?
The US Supreme Court cannot rule on cases involving local laws
The word philosophy comes from:
Two Greek words meaning "love" and "wisdom"
Axiology is the study of:
Values
As marketing manager for Home Stuff Inc, Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include:
a catchy phrase, a distinctive container shape for products, an abbreviation for the company, and ornamental colors used by the products
Volkswagen's TDI clean diesel campaign marketing its diesel cars as a breakthrough was in fact:
a deliberate fraud by volkswagen based on designing the vehicles to hoax emission test results
John Pemberton, the inventor of Coca Cola, began experimenting with drink formulas in 1866 attempting to create:
a non-addictive painkiller
The algae bloom that started in late July, 2022, in the San Francisco Bay, was triggered in part by all of the following EXCEPT:
a recently mutated strain of a harmless natural algae in the bay
Slander of title is a false claim that:
a seller does not own the property they are selling
Paving corporation taps into the computer network of its competitor and downloads confidential business data without knowledge or authorization. This is most likely:
a theft of trade secrets
If a business requires all employees who use certain information to agree in writing never to divulge it to anyone else, that information is most likely:
a trade secret
The "innocent landowner defense" to avoiding responsibility for hazardous waste cleanup at a site requires, at the time the site was purchase:
all reasonable inquiry into the site's history
The Biden admin's ability to cancel $10,000 or more of student loan debt for people earning less than $125,000 a year depended on:
an executive order
In "laissez faire" capitalism, the most successful capitalists will:
attempt to eliminate competitors, form trusts with each other, collude with each other to fix prices, and strive for monopolistic control of markets or markets segments
Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is:
automatic from the moment he creates each graphic (in common law)
When a good or service is made illegal, the market for that good or service:
becomes unregulated and often unsafe
The basic reason Chipotle restaurants violate food safety codes is that their:
business model has conflicting goals, restaurants are understaffed, training is inadequate and safety policies are not enforced, and employees are pressured to work even when sick
The "paradox of capitalism" is the fact that
by pursuing their private individual goals in a competitive free market, people further the common good
The main reason two-thirds of the glass thrown away by Americans each year is buried in landfills rather than being recycled and reused is:
common use of "single-stream" recycling bins
The "moral minimum" in the workplace is:
complying with all relevant laws
Trademark "infringement" is the unauthorized:
copying of a trademark either in whole or in part
Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of characters, and publishes it as her own work. This is:
copyright infringement
Looked at as a whole, the body of the law is really composed of:
court rulings, legislative statutes, executive orders and regulations
The reforms of the Affordable Care Act "Obamacare" succeeded in doing all of the following EXCEPT:
covered all prescription costs
Strict liability is the doctrine that:
defendants are responsible for any injuries caused by their business operations, even if the injury was not their fault
In its recently updated (2022) article on the United States, the Encyclopedia Britannica notes that most large waterways in the country:
despite efforts to clean them up, are laden with vast, poisonous volumes of industrial, agricultural, and human waste
The common law system practiced in the united states:
developed in england during the middle ages
The Safe Drinking Water Act of 1974 requires:
drinking water suppliers to send an annual report to every household they supply
The leading cause of death or serious injury to Right Whales is:
entanglement in lobster and other fishing gear
The strongest type of product name is a name that is:
fanciful
One way to avoid expensive litigation over patent infringement is for companies that own valuable IP in the same industry to:
form a patent pool
Cases from all the following sources go to the Supreme Court for consideration EXCEPT:
from the US court of International Trade
Suppressing counterfeit luxury goods by making their manufacture, distribution, and sale illegal is:
futile
A possible defense to a negligence suit for inadequate product warnings is that the:
harm caused by the product was an obvious risk of using it
The Federal Insecticide, Fungicide, and Rodenticide Act makes it illegal to sell any pesticide or herbicide that:
has a false or misleading label, has had its registration canceled or suspended, has had any required labeling destroyed or defaced, or is unregistered
Lee is a citizen of Taiwan, which has not signed the Berne Convention. He publishes an original novel in the US, which is a member of the Berne Convention. His copyright on the work is recognized:
in every country that is signatory of the Berne Convention
The two types of torts are:
intentional and unintentional harms
An attractive nuisance is anything that:
is publicly visible, enticing, but potentially dangerous
To count as Defamation of Character, a statement must meet all of the following criteria EXCEPT:
it must be recorded in some way
The great pacific garbage patch is all of these EXCEPT;
largely generated by the fishing activities of developing nations around the Pacific Rim, like Malaysia, Indonesia, etc.
Bette choreographs a dance to accompany a performance of movie scores. A dance instructor distributes copies of a short portion of the choreography to her students. This is most likely:
legal without consent since it is a "fair use" of Bette's choreography
The endangered species act defines an endangered species as one that is:
likely to become extinct in all or most of its range of occupation in the near future
All of the following were consequences of prohibition EXCEPT:
lower rates of worker absenteeism
According to transparency international's zero to 100 scale, scoring 180 countries around the world from 0 - 100,
most countries (over ⅔) fall on the corrupt half, scoring below 50
Gargantua Equipment Corporation registers its trademark as provided by federal law, giving notice that is has certain exclusive rights to the use of this mark. This notice is:
national
All of the following are true of Civil Law EXCEPT:
no action prosecuted as a crime can be prosecuted in civil court
George tells Gloria his idea for "Price and Profit", an app he is thinking of developing. Gloria later introduces her own Price and Profit app. George can challenge Gloria's right to use his idea under:
no law whatsoever
To be patentable, a new invention must be novel, useful, and:
not obvious
To be protected under the Copyright Act, a work must be:
original, fall into a protected category, and fixed in a tangible medium
The 2022 supreme court ruling dobbs v jackson women's health, regarding the rights of women:
overturned the Court's 1973 ruling in roe v wade
The stakeholders in a corporation are its:
owners, employees, suppliers, customers
An essential precursor to passing the 18th amendment to the constitution, banning the manufacture, sale, or distribution of intoxicating liquors, was:
passing the 16th amendment, implementing the federal income tax
The case of the exploding ford pinto involved deaths caused by a dangerous design defect, which was allowed rather than fixed on the grounds that:
paying damages was likely to be much cheaper than fixing the design to make the car safe
Intellectual property is classified as:
personal and tangible
According to the 19th century English philosopher, John Stuart Mill, the only proper end of law in restraining the liberty of individuals is to:
prevent people from harming others
The most extreme form of negligence is :
reckless disregard of consequences
The Toxic Substances Control Act requires that any new substances determined to pose an unreasonable risk of harm to human health or the environment be:
registered before sale and sold with a label warning of any dangers posed
Greenhouse gas like carbon dioxide are:
regulated by the EPA as a result of the EPA being sued in 2009, to force it to begin regulating carbon dioxide emissions
The present economic system in the United States is probably best described as:
regulated capitalism with social welfare programs
Under common law, a business might face an environmental lawsuit on grounds that they were:
responsible for damaging the environment of others by strict liability, creating a public nuisance, deliberate trespass, or failing to prevent harm
An IP company typically makes money by:
selling licenses to use its patents and suing unlicensed users
By not fact-checking the "Heed Their Rising Voices" ad, the NY Times was guilty of
simple negligence
By far the most common type of business is the:
sole proprietorship
Which of the following are NOT covered by federal law:
solid waste recycling
Like most successful companies, Phones Inc, has trade secrets. For these secrets to be protected in law, the information must be:
something that makes phones unique and is of value to a competitor (provides the company with a "competitive advantage")
The basic difference between a crime and a tort is that:
standard of proof for crime is higher, crime is a harm to everyone, govt assumes responsibility for trying crimes, a crime is about punishing the guilty
All of the following are true of the federal system of govt in the US EXCEPT:
state govts can choose to follow or not follow national laws
Strict liability applies to product defects, provided unreasonable harm occurs in normal use of a product:
substantially in its original "as sold" condition
The basic problem with the collectivistic enterprises that replace free market capitalism in socialistic economies is:
the "free rider problem", failure to recognize individual enterprise, the fact that humans are not ants or bees, and the lack of incentive for more than minimum effort
SOX required which officers of public corporations to personally testify to the accuracy of every quarterly and annual report issued by the company:
the CEO and the CFO
Deli and drug Store sells groceries and fills prescriptions. The party with the chief responsibility to prevent unsafe food and drugs from being sold is:
the Food and Drug Administration
Half of all employment in the US is generated by:
the biggest companies, with 500 or more employees
The organization responsible for testing a new drug to ensure that it is safe and effective is:
the drug provider
Sources of consumer protection exist at the level of :
the federal, state, and local govts
All of the following are possible sources of moral conflicts in the workplace EXCEPT:
the need to act with incomplete information
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), more commonly known as the Superfund, allows all of the following to be held responsible for cleaning up hazardous chemicals EXCEPT:
the person who sold the materials used to create hazardous wastes
In a free market, the law of supply and demand operates to ensure that:
the supply of a good or service always adjusts to equal the demand for it
The "due process" clause of the 14th amendment to the constitution protects the right of any person to enjoy:
their life, liberty, or property
Storm water discharges are different from industrial, agricultural, and sewage discharges of wastewater, in that:
they are allowed to occasionally breech the daily max of chemicals and other pollutants set by the EPA
Brewed Beans Inc sells "CoCoCafe" and Darkroast Inc later markets a similar drink under the name KoKoKafe. This is most likely:
trademark infringement
Walmart's announcement of expanded abortion coverage for employees is a good example of a company
trying to find a moral middle ground on a controversial issue
The reasonable person in the reasonable person standard for determining negligence is someone who is all of the following EXCEPT:
typical