BUS 207 Stern Final
When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.
Absolute
When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for the life of the holder plus 70 years
False
To which of the following does the FOIA not apply?
The US Congress, the federal courts, or the executive staff of the White House
Which of the following is a FALSE statement regarding federal independent agencies?
The US president may remove commissioners of federal independent agencies without cause
An administrative law judge's decision may not be directly appealed to a court
True
The US Senate must approve presidential nominees for them to become the administrative head of agencies
True
The classifications of torts may be different in foreign countries
True
The first step in formal rule making is publication in the Federal Register of a notice of proposed rule making by the agency
True
The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort
True
The most common defense to battery is self-defense
True
The primary objective of tort law is to provide compensation for injured parties
True
The primary type of rule making used by administrative agencies is informal rule making
True
The reasonable person standard is a measurement of the way members of society expect an individual to act in a given situation
True
There is a right of appeal from a decision of an administrative law
True
Tort law assumes that people intend what could be considered the normal consequences of their actions
True
Trade dress is entitled to the same protection as a trademark.
True
Copyrights protect ideas themselves.
False
Courts typically award punitive damages for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages
False
If a tenant subleases property to another party, the initial tenant is no longer liable for payment of the rent for the remainder of the lease term
False
Negligence per se means negligence in or of itself
True
Punitive damages are awarded only when the defendant's conduct is extremely outrageous
True
Tangible property include furniture, cars, and other goods
True
The EPA is an example of a hybrid executive agency
True
The Small Business Administration is an example of an executive agency
True
What type of gift is made by a person during their lifetime?
an inter vivos gift
A ______ is the most complete estate a person may have
fee simple absolute
In most states, proximate cause is determined by _______.
foreseeability
Tangible property includes:
furniture and cars
A patent protects a product, process, invention, machine, or a ______
plant produced by asexual reproduction
Property that the original owner has discarded is ______ property.
Abandoned
what is the first-level domain of a government site?
.gov
In informal rule making, the date on which a rule becomes effective must be at least ______ days after publication of the final rule in the Federal Register
30
How many days does the US Congress have to review proposed agency rules?
60
A registrant may lose registration of a domain name for internet usage by not using it for more than ______ days
90
Which of the following is involved when an agency is referred to as a "captured" agency?
A belief that agency officials are unduly influenced by past ties to the industry regulated by the agency
________ has the power to create a federal agency
The US Congress
What was the holding of the US Supreme Court in Qualltex Co. v. Jacobson Products Co.?
A color can constitute a trademark
Which of the following is a correct statement regarding trade-secret protection under common law?
A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade
Which is not an example of slander per se?
A written poster hanging in the school cafeteria that states someone committed theft
Which of the following is a tort?
A wrong or injury to another, other than a breach of contract
______ cause is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury
Actual
_______ cause is sometimes referred to as "but-for" causation
Actual
What do the initials "ALJ" represent in the context of administrative agencies and administrative law?
Administrative Law Judge
The ________ requires formal rule making when an enabling statute or other legislation mandates all regulations or rules to be enacted by an agency as part of a formal hearing process that includes a complete transcript
Administrative Procedures Act
What type of law is created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision-making?
Administrative law
Which type of agency is generally defined as any body created by the legislative branch to carry out specific duties?
An administrative agency
Which of the following occurs when one person places another in fear of apprehension of an immediate, offensive bodily contact?
Assault
Which is not a typical type of compensatory damage?
Attorney fees
Once a trademark is registered, when must it initially be renewed?
Between the fifth and sixth years
Executive agencies are referred to as which of the following?
Cabinet-level agencies
What type of damages is intended to reimburse a plaintiff for their losses?
Compensatory
An INCORRECT statement regarding trade-secret protection
Competitors may not legally discover a trade secret through reverse engineering
Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner pursuant to the Takings Clause of the Fifth Amendment?
Condemantion
which of the following are activities in which agencies may be involved?
Conducting research, issuing permits, and managing property
Which of the following is not an intentional tort against economic interests?
Conversion
today, administrative agencies:
Create more rules than Congress and the courts combined
Which of the following is not a defense to battery?
Defense of one's reputation
This is needed for a valid gift:
Delivery, donative intent, and acceptance
A[n] ______ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.
Easement
The right to enter onto property to remove underground materials is included in the ownership of __________ rights
Easement by necessity
Which of the following are estates that do not include the right to possess the property?
Easements, profits, and licenses
________ Legislation is a statute that specifies the name, functions, and specific powers of an administrative agency
Enabling
A copyrighted work that is reproduced with the appropriate notice affixed is protected for ten years and is subject to indefinite renewal by the copyright holder
False
A defendant can be found liable for battery even if the injured party consented to the contact
False
A donor makes a gift causa mortis based on the realization that they will die in the distant future
False
A landowner cannot be required to involuntarily transfer their property to the government, because compelling the landowner to do so would violate the Due Process Clause
False
A license is a right to use another's property that is both permanent and irrevocable
False
A license is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it
False
A party may lose registration of a domain name by not using it for more than 30 days
False
A public nuisance occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property
False
Administrative agencies are created by the judicial branch to carry out specific duties
False
Administrative agencies are located at the state level only
False
Administrative agencies have legislative and judicial, but nit executive, powers
False
Administrative agencies typically act slower than Congress in creating and enacting new laws
False
All property that is not land or permanently affixed to land is real property
False
Condemnation is a legal process that is protected by the federal constitution and allows the government to take private property for the use of the public w/o paying the owner for the property
False
In Kelo v. City of New London, the US Supreme Court ruled that as a matter of law, the government violates the fifth amendment to the US Constitution by taking private property and selling it for private development
False
Independent administrative agencies, often called commissions, tend to have responsibility for making rules covering a broad spectrum of industries and activities
False
Independent agencies have a tendency to focus more on social regulation, whereas executive agencies are more often focused on economic regulation
False
Like intentional torts, negligence involves the willful desire to harm another's person or property
False
Lost property and mislaid property are the same legal theories
False
Most states have replaced comparative negligence with contributory negligence
False
Ownership of real property includes the mineral rights below the land but not the airspace above it
False
Privilege is not a defense in a defamation action
False
Strict liability is liability due to an intentional act or negligence
False
The Administrative Agency Recorder is the official daily publication for administrative agencies
False
The Communications Decency Act increases the liability of providers of interactive computer services for material disseminated by them but created by others
False
The Government in Sunshine Act requires agency business meetings to be open to the public even if the agency is headed by a non-collegiate body, and the open meeting requirement applies even when a quorum is not present
False
The US Congress has the power to create, but not dissolve, an administrative agency
False
The courts generally hold that businesses have a duty of care to protect their customers against unforeseeable risks
False
The fair-use doctrine gives teachers unlimited protection from copyright liability, provided that they use copyrighted work exclusively for educational purposes
False
The two most common types of administrative agency rule making are conditional and unconditional
False
The use of deadly force in the defense of property is usually justified
False
There are two forms of comparative negligence; conditional and unconditional
False
There are two types of assumption of risk; pure and modified
False
There is a right to a jury trial in administrative agency dispute
False
To register a domain name in the internet, an application must be filed with the US Patent and Trademark Office
False
To successfully bring a claim for intentional interference with contract, the plaintiff need not prove that he or she was injured as a result of the breach
False
To use the assumption of risk defense successfully, a defendant must prove that the plaintiff unwillingly encountered the risk of the actual harm the defendant caused
False
Tort law is primarily federal law
False
Unlike US eminent domain law, the German federal government may expropriate land for the public good without paying the landowner compensation
False
real property is commonly referred to as fealty
False
reverse engineering is an unlawful way to discover a trade secret
False
Which of the following are the types of rule making done by agencies?
Formal, informal, and hybrid
On the death of a holder of a life estate, the property will:
Go to another party as designated by the original grantor
Under which of the following conditions is a trademark protected under state common law?
If it is used intrastate
Which of the following is an INCORRECT statement regarding the Freedom of Information Act (FOIA)?
Information regarding the agency's personnel records may be obtained under the FOIA
Bank accounts, stocks, and insurance policies are examples of which of the following types of property?
Intangible
_______ property consists of the fruits of one's mind
Intellectual
_______ torts occur when the defendant takes an action intending that certain consequences will result or knowing that certain consequences are likely to result
Intentional
Which is a CORRECT statement regarding intentional torts and negligent torts?
Intentional torts result from a person willfully taking dangerous actions, while negligent torts involve the failure to exercise reasonable care to protect people or property
Which of the following are common classifications of torts?
Intentional, negligent, and strict-liability
Which of the following are rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility?
Interpretive
To be protected in ____________ use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947.
Interstate
Which of the following is true of the term tort?
It is a French word meaning "wrong."
According to the UN and as discussed in the book, which of the following is true regarding e-government, meaning the delivery of government services through digital information technologies including the internet?
It is important because it reduces the cost of government while improving the quality of services and citizen access
Which of the following are rules of an agency that are policy expressions having the effect of law?
Legislative
What types of powers do administrative agencies have?
Legislative, judicial, and executive
This describes property that the true owner has unknowingly or accidentally dropped or left somewhere?
Lost
______ torts occur when the defendant acts in a way that subjects others to an unreasonable risk of harm
Negligent
Which of the following companies is responsible for registering domain names for internet use?
Network Solutions, Inc.
Can you recover if a tort was unforeseeable?
No
Do you have a duty to help people you suspect are at risk?
No
A way in which a gift differs from a purchase as a way of transferring ownership?
No certificate of title is needed for a gift, whereas it is needed for a purchase
________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff
Nominal
How many people sit on a jury for an administrative hearing?
None
Which of the following are general statements about directions in which an agency intends to proceed with respect to its rule-making or enforcement activities?
Policy statements
Of the following, who would typically be public figures for the purposes of the public figure privilege to actions for defamation?
Politicians and entertainers
Which of the following is not a privacy tort?
Private disclosure of public facts
Administrative law consists of both substantive and ______ rules
Procedural
A[n] ______ is the right to go onto someone's land and take part of the land or a product of it away from the land.
Profit
Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?
Proximate cause
________ damages are awarded to punish the defendant
Punitive
The ______ standard is a measurement of the way members of society expect an individual to act in a given situation
Reasonable person
Under which of the following does each concerned interest group and the agency send representatives to bargaining sessions led by a mediator with any agreement forwarded to the agency?
Reg-neg
Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?
Res ipsa loquitur and negligence per se
Robby in san diego threatens to breaks bobby in Miami's nose. Which is true?
Robby's conduct doesn't constitute assault because there is no threat of immediate bodily harm
A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______
Slander of title
_______ torts occur when the defendant takes an action that is inherently dangerous and cannot be undertaken safely, no matter what precautions the defendant takes
Strict-liability
To properly register a trademark with the US Patent and Trademark Office, one must:
Submit a drawing of the mark, indicate when it was first used in interstate commerce, and indicate how it is used
The issuance of a _______ is an example of an administrative agency's investigative powers
Subpoena
In order to be upheld in court, an agency's fact finding must be supported by which of the following?
Substantial evidence
Which of the following is a federal independent agency?
The Commodity Futures Trading Commission
Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
The Communications Decency Act of 1996
Which law requires that an agency business meeting be open to the public if a collegiate body heads the agency?
The Government in Sunshine Act
Which of the following was the first administrative agency?
The Interstate Commerce Commission
Which of the following is a federal executive agency?
The National Science Foundation
______ has control over the budgets of all agencies
The US Congress
Which of the following statements is INCORRECT regarding executive agencies at the federal level?
The administrative head of an executive agency is appointed by the president with the advice and consent of the US House of Representatives
Assuming res ipsa loquitur applies, what is the effect of that doctrine?
The burden of proof shifts to the defendant
What was the court ruling in Yan Ju Wang v. George Valverde, the case in which the plaintiff sued for a mandate compelling the DMV to set aside its revocation of the plaintiff's noncommercial driver's license based on her allegedly cheating on a commercial driver's license exam?
The court ruled that the agency lacked statutory authority to revoke the plaintiff's noncommercial license
To establish a claim for negligence, the plaintiff must prove that:
The defendant owed the plaintiff a legal duty, and the defendant breached the legal duty
To stop a competitor from using a trade secret, the plaintiff must prove that a trade secret actually existed, the defendant acquired the secret unlawfully, and ______
The defendant used the trade secret without the plaintiff's permission
An administrative law judge's decision may be directly appealed to:
The full commission or head of an agency
Which of the following is a CORRECT statement regarding the intent needed for an intentional tort
The intent at issue is not intent to harm but rather intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another
Which of the following must be satisfied in order for a patent, other than a design patent, to be granted?
The object of the patent must be novel, useful, and nonobvious
Which of the following is an INCORRECT statement regarding the doctrine of res ipsa loquitur
The plaintiff's proof of all the elements of res ipsa loquitur requires a finding of negligence
The US Congress created the Interstate Commerce Commission because it felt that a regulatory body could best control the anticompetitive conduct of what industry?
The railroad industry
Which of the following was not a factor the court considered in the Toys R Us v. Canarsie Kiddie Shop case in determining if Kids R Us was infringing on Toys R Us?
The revenue of the defendant corporation
Which of the following is a CORRECT statement regarding whether the shape of a product or package may be a trademark?
The shape of a product or package may be a trademark if it is nonfunctional
Which of the following is an absolute defense to defamation?
The statement is true
Opening a shop for the purpose of running someone out of business is ________
The tort of unfair competition
Which of the following is an INCORRECT statement regarding property interests in Vietnam?
The transferring owner determines the price for which property will be transferred
What usually happens to decisions of administrative law judges that are appealed to the federal court system?
They are usually upheld
When would a plaintiff use the doctrine of res ipsa loquitur?
To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care
Why are punitive damages awarded?
To punish the offender and to deter others from committing similar offenses.
A CORRECT statement regarding trade dress
Trade dress is entitled to the same protection as a trademark
A bank account is an example of intangible property
True
A company's client list may be considered a trade secret
True
Administrative law consists of both substantive and procedural rules
True
Cross-licensing of patents is illegal
True
Good Samaritan statutes attempt to encourage selfless and courageous behavior by removing the threat of liability for individuals who offer others aid in peril
True
If the plaintiff's car is stopped at a red traffic light and is struck by a vehicle driven by the defendant, the defendant was negligent per se
True
Implied assumption of risk means that the plaintiff implicitly assumed a known risk
True
In a modified comparative negligence defense, the defendant must be more than 50 percent at fault for the plaintiff o recover
True
In order for a work to be copyrightable, it must be fixed, original, and creative
True
Under the Privacy Act of 1974, a federal administrative agency may not disclose information about an individual to other agencies or organizations without that individual's written consent
True
Under which of the following situations does the tort of trespass to realty occur?
When a person causes an object to be placed on the land of another w/o the landowner's permission, staying on land after being asked to leave, and not removing something the owner asked you to.
If you hit someone negligently and they need aid, are you legally required to aid them?
Yes, because you negligently hit them
Someone swings and misses, you shove them away. What happened?
You didn't commit assault or battery because you acted in self defense
What is the term for a gift that is made in contemplation of one's immediate death?
a gift causa mortis
Which is true regarding torts of fraudulent misrepresentation?
a guilty party must intend that others rely on the misrepresentations, the injured must have reasonably relied on the misrepresentations, and the injured party must have suffered damages due to the reliance
Cause in fact is also known as _________ cause.
actual
Which of the following are elements of causation?
actual cause and proximate cause
The violation of a duty of care is called ______
breach of duty
The ownership of a _______ possesses the same interest as the owner of a fee simple absolute, except that this interest is subject to a condition that may result in termination of the interest
conditional estate
The duration of one's ownership interest and the power one has over using the land depends on the type of ________ one is said to hold
estate
Assuming it was initially registered with the US Patent and Trademark Office after 1990, how often must a trademark be renewed after its initial renewal?
every 10 years
The two classifications of agencies are:
executive and independent
Res ipsa loquitur requires that the plaintiff produce direct evidence of the defendant's lack of due care
false
Courts usually award punitive damages in cases in which the offender has committed ______.
gross negligence
Agencies that have characteristics of both executive and independent agencies are known as _______ agencies
hybrid
The EPA is an example of a _________ agency
hybrid
An ______ rule is a rule that does not create any new rights or duties but is merely a detailed statement of an administrative agency's interpretation of an existing law
interpretive
Proximate cause is sometimes referred to as______
legal cause
A future interest usually lies in conjunction with a _______ or a ________
life estate; conditional estate
Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.
malpractice
Real property ownership includes airspace above the land, water rights flowing across or beneath the land, and ________
mineral rights under the land
This describes property that the true owner has intentionally placed somewhere but has forgotten its location?
mislaid
Informal rule making is also known as ____ rule making
notice-and-comment
A binding decision issued by an administrative law judge is known as an _________
order
Intentional torts are divided into which of the following three categories?
persons, property, economic interests
Land and everything permanently attached to it are known as _______ property:
real
What are the three basic types of property?
real, personal, intellectual
Under the Privacy Act, an individual may have the right to:
see and amend federal agency records, as well as sue the government for Privacy Act violations
Executive agencies tend to focus on ______ regulation, whereas independent agencies are more often focused on _______ regulation.
social; economic
To recover damages in a slander case, the plaintiff must prove _______ damages
special
A ________ is an order to appear and bring specified documents
subpoena duces tecum
A license is a right to use another's property that is both _____ and _______
temporary; revocable
This provides that a portion of a copyrighted work may be reproduced for purposes of criticism, reporting, teaching, scholarships, and research?
the fair-use doctrine
A person who commits a tort is often referred to as the _______
tortfeasor
The term ______ refers to the overall appearance and image of a product
trade dress
What is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer?
trademark
When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for __________ years from the date of application.
twenty
Most websites have _____ domains
two
With a life estate, the future owner has an interest in seeing that the life tenant does not _______ the property
waste
Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______
with actual malice
