test 2 - quizzes

Felice is injured when a can of Ground-Up explodes into flames. Herbicides Inc. manufactured the Ground-Up. Under product liability laws, Felice's options include a. issuing a recall of all Ground-Up. b. suing Herbicides Inc. c. any of the choices. d. ordering a halt to the production of Ground-Up.

b. suing Herbicides Inc.

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is a. not defamation because the review was not published. b. not defamation because Dylan was employed by Federal Circuits. c. defamation. d. not defamation because Dylan was not employed by Electrical Works.

c. defamation

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed a. no crime. b. robbery. c. larceny. d. embezzlement.

c. larceny

Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are a. avoidable by an alternative design. b. foreseeable. c. contrary to the instructions for the use of the product. d. obvious.

d. obvious

Good Samaritan statutes were passed largely to protect, in emergency situations, a. landlords and other property owners. b. those in need, such as individuals hurt in accidents. c. business invitees. d. physicians and medical personnel.

d. physicians and medical personnel

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely a. patent infringement. b. copyright infringement. c. trademark infringement. d. a theft of trade secrets.

d. theft of trade secrets.

true or false: Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff's conduct.

true

true or false : A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

False

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is a. a "fair use." b. copyright infringement. c. none of the choices. d. a legitimate creative act.

b. copyright infringement

Bram knows that the pipes in his building leak, but he tells Cass, a potential buyer, that there are no leaks. On this assurance, Cass buys the building. On learning the truth, she may sue Bram for a. conversion. b. fraudulent misrepresentation. c. defamation. d. wrongful interference with a business relationship.

b. fraudulent misrepresentation

Seymour is accused of a crime. To obtain information about the crime from Seymour, the state can a. none of the choices. b. grant Seymour immunity from prosecution. c. bribe Seymour in a way that serves the public interest. d. force Seymour to provide information that can be used to prosecute him.

b. grant Seymour immunity from prosecution.

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial a. if the evidence will be used to prosecute him. b. if the evidence is "fruit of the poisonous tree." c. under no circumstances. d. if the police do not promise to keep the evidence confidential.

b. if the evidence is "fruit of the poisonous tree."

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely a. assumption of risk. b. knowledgeable user. c. commonly known danger. d. none of the choice

b. knowledgeable user.

Petro Parts Inc. makes and sells parts for the repair of motor vehicles. Olsen suffers a loss when a defective Petro part causes damage to her car's engine. With respect to Olsen's product liability suit against Petro, an applicable statute of repose a. limits the amount of damages available. b. places an outer time limit on bringing the suit. c. suspends the action until discovery is complete. d. restricts the time within which Olsen may file a suit.

b. places an outer time limit on bringing the suit.

Beau devises a scheme to send fraudulent e-mails—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Beau intends to obtain money and personal data. This is a. no crime. b. wire fraud. c. robbery. d. larceny

b. wire fraud

The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh's injury a. only if the company failed to use reasonable care. b. without regard to the fault of the company. c. only if the company was entirely at fault. d. only if the company was greater than 50 percent at fault.

b. without regard to the fault of the company.

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that a. Cato did not intend to cause an accident. b. the risk of a car accident was foreseeable. c. Diego was not injured. d. Diego breached his duty to warn the driver of the impending accident.

c. Diego was not injured

Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as a. a blameless person. b. an objective person. c. a reasonable person. d. a faultless person.

c. a reasonable person

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except a. a manufacturing defect. b. an inadequate warning. c. an ineffective marketing plan. d. a design defect.

c. an ineffective marketing plan.

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is a. enforceable only if Stig places a circled "c" on the work. b. available only on registration with the U.S. Copyright Office. c. automatic. d. not possible.

c. automatic

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that a. Ty is normally engaged in the business use of ladders. b. Ty bought the ladder from Steps & Rungs. c. the ladder was in a defective condition when Steps & Rungs sold it. d. all of the choices.

c. the ladder was in a defective condition when Steps & Rungs sold it.

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is a. a mistake of fact. b. entrapment. c. the privilege against self-incrimination. d. ignorance of the law.

c. the privilege against self-incrimination.

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is a. copyright infringement. b. trademark infringement. c. patent infringement. d. a license.

d. a license

Pete, a broker, advises Ollie to invest in Rocky Road Inc. When the share price of Rocky's stock decreases, Ollie accuses Pete of fraud, claiming reliance on Pete's advice. The reliance that gives rise to liability for fraud requires a. a statement communicated to at least one person other than the plaintiff. b. puffery. c. a threat of physical force. d. a misrepresentation of fact knowing that it is false.

d. a misrepresentation of fact knowing that it is false.

Chic signs Del's name, without authorization, to the back of Del's paycheck, which was issued by Earth Foods Market. This is a. no crime. b. larceny. c. robbery. d. forgery.

d. forgery

Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for a. fraud. b. strict liability. c. misrepresentation. d. negligence

d. negligence

Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without a. double jeopardy. b. reasonable doubt. c. immunity. d. probable cause.

d. probable cause

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with a. larceny. b. receiving stolen property. c. obtaining property by false pretenses. d. robbery.

d. robbery

Syd offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Syd is charged with the crime of bribery. The crime occurred when a. the health code was violated. b. the bribe was accepted. c. the violation was overlooked. d. the bribe was offered.

d. the bribe was offered.

Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed a. appropriation. b. none of the choices. c. conversion. d. trespass to personal property.

d. trespass to personal property.

true or false : A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

false

true or false : A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

false

true or false : A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

false

true or false : Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods.

false

true or false : In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty.

false

true or false : Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

false

true or false : Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.

false

true or false : Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets.

false

true or false : The registration of a copyright is not evidence that the copyright is valid.

false

true or false : Those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer.

false

true or false : To maintain an action in strict product liability, the plaintiff must show why and how the product became defective.

false

true or false : Under the doctrine of strict liability, a defendant's liability depends on privity of contract.

false

true or false : A defendant may be able to limit liability for injuries caused by a defective product by showing that a plaintiff's negligence contributed to the injuries.

true

true or false : A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

true

true or false : An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.

true

true or false : Certain business processes are patentable.

true

true or false : Crimes are offenses against society as a whole.

true

true or false : Foreseeability is the test for proximate cause.

true

true or false : Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety.

true

true or false : If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.

true

true or false : In a criminal case, the state must prove its case beyond a reasonable doubt.

true

true or false : Intellectual property is property resulting from intellectual, creative processes.

true

true or false : Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

true

true or false : Some business processes can be protected as trade secrets.

true

true or false : The U.S. Constitution provides safeguards that apply not only in federal but also in state courts.

true

true or false : The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.

true

true or false : The need to protect intellectual property is recognized in the U.S. Constitution.

true

true or false : To obtain copyright protection under federal law, a work must be original.

true

Khan, the owner of Lakeside Park, trusts Moira to manage the resort's daily cash flow. One night, without Khan's knowledge or consent, Moira takes and keeps $1,000 from the receipts. This is most likely a. embezzlement. b. larceny. c. no crime. d. robbery.

a. embezzlement

Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is a. false. b. opinion. c. puffery. d. fact.

a. false

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is a. none of the choices. b. conversion. c. wrongful interference with a contractual relationship. d. wrongful interference with a business relationship.

a. none of the choices.

Works that are copyrightable include a. books. b. all of the choices. c. music videos. d. product packaging.

b. all of the choices.

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely a. trademark infringement. b. patent infringement. c. copyright infringement. d. none of the choices.

b. patent infringement

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by a. patent law. b. copyright law. c. none of the choices. d. trade secrets law.

c. none of the choices.

true or false : Larceny involves force or fear, but robbery does not.

false

true or false : One of the purposes of criminal law is to compensate the victims.

false

true or false : Pricing information is not a trade secret.

false

true or false : Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

false

Do-It-Rite Inc. makes and markets tools. Evan uses a Do-It-Rite power screwdriver to scrape grout—a purpose for which it was not intended—and is injured when the tool slips. Evan files a product liability suit against the maker. The defendant's best defense is most likely a. assumption of risk. b. product misuse. c. commonly known danger. d. inadequate warning

b. product misuse

true or false : Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

false

true or false: A manufacturer or seller has a duty to warn about a risk that is obvious or commonly known.

false

Information that may be protected as trade secrets includes a. customer lists. b. pricing information. c. all of the choices. d. marketing techniques.

c. all of the choices.

true or false : A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

false

true or false : A criminal defendant has the right to confront accusers and to present his or her own witnesses.

true

true or false : A patent applicant must demonstrate that an invention is useful to receive a patent.

true

true or false : Any time one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

True

Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play may be liable to a. Dale and Esty. b. Dale only. c. Esty only. d. none of the parties.

a. Dale and Etsy.

Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for a. conversion. b. none of the choices. c. wrongful interference with a business relationship. d. trade libel.

a. a conversion.

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is a. a patent. b. a copyright. c. a trade secret. d. a trademark.

a. a patent

To be protected under the Copyright Act, a work must be a. original and fixed in a durable medium. b. none of the choices. c. a concept, principle, or discovery. d. an inseparable idea and expression.

a. original and fixed in a durable medium.