Quiz 2-7

Design patents have a duration of ____ years.

14

The "public comment" period for proposed administrative agency rules must be at least __________ days.

30

a state cannot bar someone who comes from another state from engaging in local business or from obtaining a hunting or fishing license.

According to the Privileges and Immunities clause,

A customer requested a price from a carpenter on a teak cabinet to be built according to the buyer's specifications. Because teak wood is difficult to obtain, the customer agreed to pay the cost of the wood plus $175 and the carpenter agreed to build it. Which of the following is correct?

Although the price is somewhat unclear, the parties have entered into a contract.

is NOT the intentional, wrongful touching of another person without that person's consent.

Assault

does not requires the use of violence.

Bribery

​The Racketeer Influenced and Corrupt Organizations (RICO) Act is a product of:

Congress.

are not entitled to Fifth Amendment protection.

Corporations

are classified as common law or statutory according to their origin.

Crimes

are specified in detailed criminal codes and statutes.

Crimes and criminal punishment guidelines

Bruce opens a used car lot but has difficulty competing with Humdinger Motors, a much larger used car lot down the street. In his newspaper ad, Bruce includes the false statement, "Humdinger sells cars with defective titles." Humdinger experiences an immediate decrease in sales. Bruce has most likely committed the tort of:

Disparagement

only those who are actually involved in the act itself can be convicted of the crime.

For nonbusiness crimes,

Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety.

Fourth, inspections, warrantless.

Georgia is at a crowded carnival. As she's trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye.

Georgia is not guilty of the tort of assault.

is given power to act nationally, while states administer to local concerns.

In a federal system, a central government

is the printed equivalent of the spoken form of defamation known as slander.

Libel

means that the federal regulatory scheme is controlling.

Preemption

Oral or spoken defamation is:

Slander

A(n)___________ is the power to adopt laws that protect the general welfare, health, safety, and morals of the people.

State's police power

prohibit the national and state governments from depriving any person of property without due process of law.

The Fifth and Fourteenth Amendments

does not require the reasonable intrusion into one's private affairs.

The tort of invasion of privacy

​has no practical effect on the regulatory environment.

Unwillingness of businesses to voluntarily improve the ethics of their practices

believe that ethics is measured by actions that do the most good for the most people.

Utilitarians

​A legally binding agreement that can be rejected at the option of one of the parties is called a(n):

Voidable contract

When an offer has been accepted:

a contract is formed, assuming that all of the other elements of a contract are present.

A hearing before an administrative law judge is considered

a quasi-judicial proceeding.

The requirement that a business be licensed would not be an example of

a shared power.

An act that is a felony in one state can not be a felony in

all states.

It is important to protect trade dress against adoption by a competitor failure to protect the mark can:

allow the mark pass into the English language (like 'aspirin') and become generic.

In order to establish the tort of false imprisonment, a person must show imprisonment for:

any amount of time

To make an offer, the offeror must

appear to intend to create a binding obligation.

In a bilateral contract, each party will be a promisor and, therefore, each party will:

be an obligor

The same action can have

both civil and criminal liability.

A contract can be

both executory and unilateral.

​Moral standards based on positive law may allow

businesses to conduct themselves unfairly so long as their actions are not illegal.

Before an agency can begin rulemaking proceedings it must be given jurisdiction:

by congressional enactment in the form of a statute.

​In some states, the taking of information from a computer without the consent of the owner is called _______.

computer trespass.

​The "living-document" view of the Constitution has all of the following characteristics except:

constructionist view of the Bill of Rights.

The issuing or delivery of a forged instrument to another person does not constitutes the crime of

counterfeiting a forged instrument.

A court will not reverse an agency's decision merely because the court would have made a

different decision based on the same facts.

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.

distinctiveness, a source-identifying function.

The field of business ethics

do not ​recognizes that social values typically must yield to the profitability motive

A bilateral contract is essentially an

exchange of enforceable promises.

Negotiable instruments are:

formal contracts.

Embezzlement involves

fraud.

​To satisfy the requirements of due process, an agency handling a complaint must generally _______, although there is no right to _________.

give notice and hold a hearing, trial by jury before an agency.

An administrative regulation:

has the force of law

An offer that is indefinite may be clarified by reference to another writing through:

incorporation

When it is claimed that a contract is too indefinite to be enforced, a court will do its best to find the

intent of the parties and thereby reach the conclusion that the contract is not too indefinite.

Administrative hearings often have additional parties involved, called ______, who are _______ with an interest in the case are permitted to participate.

intervenors, industry organizations

If an offeree dies before the offer has been accepted, the offer:

is automatically revoked by the death of the offeree.

When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known,

it will not loses the protection it had while secret.

The modern administrative agency typically possesses

legislative, executive, and judicial powers.

One of the characteristics of the "living" Constitution is not

limited government

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and

make a decision to recommend to the administrative agency heads for action.

The Lanham Act grants protection for:

marks

If an agency causes a substantial loss to a business by enforcement of its laws, that business:

may seek damages if the agency acted in bad faith.

If an offer is indefinite or vague,

no contract arises from an attempt to accept it.

The public has access to the activity of administrative agencies in three ways:

open records, open meetings, and public announcement of agency guidelines.

In a quasi contract the court does not seek to enforce the intentions of the

parties contained in the agreement.

​Ethical egoists such as Ayn Rand hold that:

people always act in their own self-interest.

The type of patent that may be granted to developers of plant reproduction methods is called a:

plant patent

A bilateral contract consists of a:

promise for a promise.

The tort of intentional infliction of emotional distress requires

proof of outrageous conduct and resulting emotional distress in the victim.

Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

proximate causation

The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is

public notice of the contents of the regulation to persons subject to it or affected by it

People generally have a duty to act as a

reasonably prudent person would in similar circumstances.

​A contract of record is also referred to as a(n):

recognizance

When it comes to administrative agencies, courts:

regard agencies as able to perform their duties effectively, accept rules that have been established by agencies using a rational basis, do not substitute their own judgment in agency decisions.( all of these)

An owner of a copyright may license some of his or her rights to another in exchange for

royalty payments.

Written computer programs are given the

same protection as other copyrighted material.

U.S. Senator Jones enjoys an absolute privilege when

she is speaking on the floor of the Senate.

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and

skill in the art or technology to which the invention is related.

Within the area in which the administrative agency is authorized to make decisions, the agency can be regarded as a

specialized court or court of limited jurisdiction.

Descriptive terms such as locations and colors are

subject to trademark protections.

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by

substituting insubstantial differences for some of the elements of the patented product or process.

The authority of an agency is not limited to the

technology in existence at the time the agency was created.

A business may lose the shopkeeper's privilege if:

the customer is kept an unreasonable amount of time.

The measure of damages for misappropriation of a trade secret is:

the profits earned by the 'thief' derived from the misappropriation of the trade secret.

Some of the powers delegated to the national government may be exercised by

the states.

Protection for trade dress is available

under the Lanham Act.

In limited circumstances customer lists are protected

under trade secret laws.

Once a mark is registered in accordance with federal law, the holder of the mark does not have the exclusive right to

use the mark in perpetuity.

can lead to imposition of restrictive new regulations and laws.

​An accumulation of complaints from employees, customers, or investors

is a philosophical concept that deals with values related to the nature of human conduct.

​Ethics

are not legal mechanisms created primarily to promote stability and flexibility in trade.

​Mortgages, security interests, and surety relationships

​​is enacted by government authority.

​Positive law:

is based on the concept that if there were no laws or rules reasonable people would develop fair rules and standards.

​The theory of justice

​The unauthorized use of a computer belonging to someone else is:

​a crime in some states.

Specific statutes define the _______, which is the criminal conduct required to be charged with a crime.

​actus reus.

​Federal judges of the United States:

​are appointed by the President, with the approval of the Senate.

​Laws that prohibit theft, operation of a factory in areas zoned residential, and copyright infringement exist primarily:

​for protection of property.

​Laws that prohibit defamation, invasions of privacy, and reputation exist primarily:

​for protection of the person.

​The Economic-Espionage Act (EEA):

​makes it a crime to transfer proprietary files, documents and information from a computer to an unauthorized person.

​A computer crime generally requires that:

​the criminal have some knowledge of computers.

​Computer crimes include:

​theft of hardware, ​theft of software, ​intentional damage to information stored on a computer.

​The Blanchard and Peale three-part test for resolving ethical dilemmas consists of the following questions:

​​Is it legal? Is it balanced? How does it make me feel?

​The importance of trust as a fundamental principle in capitalism is illustrated by expectations that:

​​investors will be able to earn a return on their investments.

​Voluntary improvements in value choices and business ethics are:

​​less costly and intrusive than those brought about by government regulation.

​The U.S. Patriot Act and airport security regulations were enacted for the protection of:

​​the state.