BLAW Exam 1- Ch. 9, 11, 12

Refer to fact pattern 9-2. Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit BlakeÆs new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. BlakeÆs car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for BlakeÆs injuries, that Cathy was 40% responsible for BlakeÆs injuries, and that BlakeÆs total damages were $100,000. Assume Tony or his insurer pays the entire amount and then attempts to recoup amounts from Cathy. Could Cathy be held liable for any amounts?

Yes, she could be required to pay her proportional share under a contribution theory.

Which of the following was the federal minimum wage in 2011?

7.25

Paul attempted to hit Bruce without good cause; but Bruce ducked, and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action, if any, Alice would have against Paul?

Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery.

Which of the following is true regarding how damages may be awarded in a patent infringement case?

Damages may be awarded based on (1) the patent holder's lost profits, (2) the infringer's profits, or (3) a reasonable royalty for the infringer's use of the invention.

The ______ prohibits employers from using genetic information to make decisions about hiring, firing, or compensation.

Genetic Information Nondiscrimination Act

Employers must complete a(n) _________ form showing verification of the identity and employment eligibility of all persons hired.

I-9

Priscilla bought a new CD with her favorite Christmas music on it. She promptly proceeded to copy it for 15 of her best friends, including Brenda, and provided it free of charge. Unknown to Priscilla, Brenda's brother, Chris, was a member of the band. When he found out how Brenda got the disk, he angrily called Priscilla and accused her of copyright infringement. Is he correct that Priscilla is guilty of copyright infringement?

It is likely that Priscilla would be found guilty of copyright infringement.

Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?

It requires that financial institutions provide privacy protections to consumers, that customers be given notice before the sharing of personal information with other entities occurs, and that customers be given the right to opt out of disclosures to third parties.

The federal trademark act is known as the _________ Act.

Lanham

What does the term respondeat superior mean?

Let the master answer

Mandy purchased a business law book and used it during her business law class. She later loaned the book to Steven, and then to Christen. Another student accused her of copyright violation and threatened to report her to the book publisher and also to her school's ethics board. Did Mandy violate the copyright laws?

No, because her loans would be covered under the first sale doctrine.

What are the four basic types of intellectual property?

Patents, copyrights, trademarks, and trade secrets

Under which of the following systems may a plaintiff recover for any amount of the defendantÆs negligence, even if the plaintiff was the more negligent party?

Pure comparative negligence

Which of the following provides whistleblower protection for employees who provide information of illegality to the SEC?

The Dodd-Frank Wall Street Reform and Consumer Protection Act.

Which of the following was the result in Bilski v. Kappos, the case in the text involving whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable?

The court ruled that the claimed invention was not a patent-eligible process because it was an abstract idea.

Assuming a jurisdiction permits noncompete agreements, which of the following is considered in determining whether restrictions are reasonable?

The duration of limitations, geographic limitations, and the scope of the activities prohibited

Which of the following is true regarding genetic testing by employers?

There is a federal law prohibiting employers of over a certain number of employees from firing employees based on genetic information.

A single set of facts may give rise to claims under more than one tort.

True

Terms that were once enforceable trademarks may become generic and thereby not protected.

True

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday, as long as the employee is paid appropriate overtime.

True

The tort of intentional infliction of emotional distress protects a personÆs right to peace of mind.

True

When may a defendant be held liable for vicarious copyright liability?

When he defendant has the right and ability to control the infringer's acts and receives a direct financial benefit from the infringement.

A patent holder must personally make use of the invention.

false

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product.

false

Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as _________ employees.

nonexempt

Which of the following are defenses to patent-infringement claims?

noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement

The term _____ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patented product or supply a patented service.

patent troll

The _________ doctrine provides that copyright protection does not extend to the useful application of an idea.

useful article

Intent cannot be implied.

false

State and local governments are prohibited from complying with the overtime provisions of the Fair Labor Standards Act by giving employees compensatory time in lieu of overtime pay.

false

The tort of negligence does not include the element of ______.

intent

Assumption of risk is a defense to the tort of negligence.

True

Even if an individual is an at-will employee, in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

True

Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. Which of the following would enable Ricardo to work in the U.S.?

An H-1B visa

Which of the following is the exercise of dominion and control over the personal property, rather than the real property, of another?

Conversion

Which of the following are the three main credit agencies in the U.S.?

Experian, Equifax, and TransUnion

After a patent expires, the invention is dedicated to the public.

FALSE

A tort is a type of civil or criminal wrong.

False

An invention is "novel" if it is explained in book format.

False

As a matter of law, a combination of two inventions cannot be considered nonobvious.

False

The ban of the Fifth Amendment to the U.S. Constitution on unreasonable searches and seizures applies only to governmental activity.

False

Under the ChildrenÆs Online Privacy Protection Act, websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

False

Courts in a minority of states have recognized a bad-faith exception to the at-will employment relationship called the ______.

Implied covenant of good faith and fair dealing

Roxanne has a serious heart condition. She has worked as an administrator with employer-sponsored health insurance at Big Company for ten years. She has been offered a great job at Up and Coming Company that she would like to take. It pays slightly less but has great opportunities for advancement. Up and Coming has health insurance, but there is a preexisting condition with the insurance excluding coverage for any preexisting health condition for six months. Roxanne says that if she takes the job at Up and Coming she will not be able to afford to continue her health insurance from Big Company. Up and Coming wants her to start immediately. She is in a quandary about what to do. What would you advise her to consider?

She should consider relying on the Health Insurance Portability and Accountability Act which would likely prohibit enforcement of the preexisting condition exclusion.

Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory. Assuming the validity of the earlier patent, which of the following is true regarding Samantha's rights to legally continue selling the combs?

She should stop selling the combs immediately.

Refer to fact pattern 9-3. Alex and Blake got into a heated argument because Alex asked BlakeÆs girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, ôYou didnÆt scare me. I was ready for a fight!ö Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery. What would you tell Alex regarding whether he should sue Alex for committing a battery?

That he could not win in an action for battery because Blake did not actually strike him.

Which of the following is not typically true of a state workers' compensation statute?

The system is based on the principle that the risks of injury in the workplace should be borne by the state

Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. BozoÆs former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about FrankÆs high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of FrankÆs golfing buddies, ôIÆm not surprised that youÆre going nuts and that you have high blood pressure û hanging out with Alice has done that to many a man.ö Refer to fact pattern 9-1. Is there any federal law prohibiting Dr. Bozo from revealing FrankÆs medical history?

There is a federal law called the Health Insurance Portability and Accountability Act that prohibits the revelation of private medical information by health care providers.

What type of statutes protect employees who report illegal activities going on within their company?

Whistleblower statutes.

Trespass to personal property and conversion are different names for the same tort.

false