business law exam 2

Lesser crimes blank are punishable by a fine I'm president for up to one year and other than a state or federal penitentiary

Misdemeanors

Which of the following is usually an acceptable defense to criminal liability

Necessity, justifiable use of force, insanity, entrapment, duress

In a street product liability lawsuit, who has the show why or in what manner the product became defective

No one

Hunter installs a large glass door in his house, and then runs into it, breaking his nose. Dr. sues the manufacture, because he was not worried about the possibility of such injury. We're going to prevail in his lawsuit.

No, because everyone knows that people may run into glass doors, therefore, the manufacture does not have to provide such a warning

Cooktop Inc. manufactures cooktops on which Juárez burns his finger. Has cooktop Inc. unreasonably violated standard duty of care?

No, because stoves get home and some people get burn when they are careless

To be patentable, and invention, discovery, process, or design must be

Novel, useful, and not obvious

And criminal law blank are the least serious kinds of criminal offenses, such as traffic or building code violations

Petty offenses; violations

Sal is arrested on suspicion of armed robbery. His lawyer, and he engage in blank with the prosecuting attorney, so that Sal can be granted immunity from prosecution for that serious crime.

Plea-bargaining

Halo Genex, Inc. manufactures a medical device that is heavily regulated by the government and asked to undergo a rigorous premarket approval process. Haylie Genex can use the following defense if it is sued.

Preemption

Invasion of privacy

Publishing or otherwise, making known, or using information relating to a persons, private life and affairs, with which the public has no legitimate concern, without that person's permission or approval

Acme Cole was using dynamite to blast rocket setting quarry. They exercised, all reasonable care, but Thomas still injured by a piece of debris. Acme can be held strictly liable for Tom's injury.

True

Can you trade name may be protected on a trademark law and may be registered with the federal government so long as it is also used as a trademark or service Mark

True

Corporations are normally liable for the crimes committed by their agents in employees within the course and scope of their employment

True

Criminals engage in money laundering because they wish to conceal the identity, source, and destination of illegally gained funds.

True

Generally, for a criminal add to have occurred, a person must have committed the guilty act and had a wrongful mental state

True

Generally, you can use the amount of non-deadly force, necessary to protect yourself, your dwelling, or other property, and avoid criminal liability

True

If a defective product injures, a bystander, the bystander can see the manufacturer for strict liability

True

If a defendant, can succeed in convincing the court, that a plaintiff's injury resulting from a commonly known danger, the defendant normally will not be liable

True

Individuals who frequently by and concern, supersize portions of food, will not succeed in lawsuit against the manufacture, if they become overweight

True

Many of the more than 4000 federal criminal offenses do not require a specifically wrongful mental state

True

Many states have also enacted laws that punish behavior criminally without the need to show criminal intent

True

The doctrine of a strict product liability applies to suppliers of component parts

True

Without establishing cars, in fact, a plaintive cannot succeed on a claim, even if she proves injury

True

in strict product liability lawsuit, the product must be in a defective condition when the defendant sells it

True

Because many products cannot be made 100% safe for all users, sellers are only liable for products that are

Unreasonably dangerous

Which of the following questions does a court as to determine whether the requirement of causation is met?

Was there a causation? In fact, was there a proximate cause?

Morabido mails, registered letters sends emails and places ads in local newspapers where it sold a defective weed killer. Huntington knows of the recall but ignores it, applies the weed killer to his crops, suffers damages, and sues. Which defense can Morabido use at trial

assumption of risk

Punitive Damages

awarded in tort cases to punish the wrongdoer, and to deter others from similar wrongdoing

A person who engages in unexcused and harmful or offensive physical contact against someone else has committed

battery

Unauthorized entry with evil intent

burglary

A color scheme can never qualify for trademark protection

false

And attorneys contact is judged by the reasonable person standard

false

Because an intentional tort requires intent, a harmful motive is required

false

In a product, liability, action, a contractual relationship between the manufacture in the injured plaintiff must exist before the plaintive can see the manufacturer in court

false

The reasonable person standard concerns itself without a particular person would act and not with her an ordinary prudent person should act

false

When they manufacture are use that is engaged and reasonable quality control efforts, that argument will act as a sufficient defense in a straight product liability lawsuit

false

Where in the defense of comparative negligence is successful at trial, it completely observes that offending of liability

farce

Works created have automatic protection for the life of the creator +7 years

for a publishing house 95 years from publication of 120 years from creation, which ever is first

On her local television station in Jessica ion, advertise a magic cream, that corrects baldness, even though she knows that the cream is just hand lotion. She may be tried.

for the federal crime of wire fraud

criminal law verdict

guilty or not guilty

General damages

intended to compensate individuals, but not companies for the non-monetary aspect of the harm suffered from a tort such as pain and suffering

Special damages

intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses

A homicide is classified as blank when it results from an act of criminal negligence, and there is no intent to kill

involuntary manslaughter

Assumption of the risk

is a viable defense in a product liability action

Criminal Negligence

liability that can occur when a person's careless and inattentive actions cause harm

civil law verdict

liable or not liable

steps toward tour reform in the federal government, and a number of states include all of the following

limiting the amount of both positive damages in general damages that can be awarded, capping the amount that attorneys can collect in contingency fees, requiring the losing party to pay both the plaintiffs and defendants expenses

The two public policy reasons from the following list for the application of strict liability and product liability cases

manufactures can better bear the cause of injury and manufactures Chabert, the cost of injury as an operating expense, since it is profiting from his activities

Enlighten, a wrongful mental state is known as

mens rea

Which one of the following crimes has no statute of limitations

murder

When risk are blank owners need not one of them

obvious

Protect, tangible things, or processes

patents

Under the blank doctrine a court may impose criminal liability on a corporate officer who knew about the given criminal violation.

responsible corporate officer

Occurs when courts look at the risk of harm from a product as design compared to the utility to the user into the public

risk utility analysis

Taking someone else's property with violence or threat

robbery

Key difference between larceny and robbery is that

robbery involves force or fear of force; larceny does not.

Privity of contract refers to

the relationship that exists between the parties to a contract

An intervening event that acts as a superseding overriding Cosme relieve the defendant of liability for injuries, caused by the intervening event

to rw

A person who commits a tour is known as a

tortfeasor

The distinctive color, furniture, labels, logos, an employee uniforms that might be used by a company or known as it's

trade dress

Can include customer list, plans, research, formulas, pricing, information, marketing techniques, basically anything that pertains to how you conduct your business

trade secrets

A mistake of fact, as opposed to a mistake of law, can often excuse criminal liability if the mistake negates the mental state necessary to commit the crime.

true

Which of the following are too broad classifications of torts

unintentional torts and intentional torts

In which of the following situations would strict liability apply

A person keeps a tiger as a pet, which bites a guest in the persons home, and a company who transports, hailee fraom, Mall gases by exercises, reasonable care at all times

Which person can be a judge, criminally reckless

A person who consciously disregard a substantial and unjustifiable risk

A patent for invention last for blank years

20

Defamation ;liable or slander

A false statement of fact, not made under privilege, that is communicated to a third person, and that causes damage to persons reputation. For public figures, the plaintive must also prove that the statement was made with actual malice.

Joe is much stronger than Jack, and stares at him in a menacingly. One day she tells Jackie that she is going to be him if she ever sees him again. Several hours later, she sees Jack coming out of his house and proceeds to punch him in the face. Jackie will probably bring a lawsuit against Jill.

For assault and battery, because there was full of a threat and they harmful action

A land owner has a duty to discover and remove any blank dangerous to customers

Hidden

Crime, such as are saying, murder, rape, or robbery that carry the most severe sanctions are known as

Felonies

Which of the following are slander per se

A statement that another has a loathsome disease, such as sexually transmitted, disease, or mental illness, a statement that another has committed in properties, while engaging in business, profession, or trade, a statement that another has committed, or has been in prison for a serious crime

Contributory Negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.

Comparative Negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

Which of the following is an element of the tour of wrongful interference with a contractual relationship?

A valid, enforceable contract must exist between two parties, a third-party must be aware that the contract exist, a third-party must intentionally cause one of the parties to break the contract

when you commit a guilty act, it is known as

Actus reus

To successfully assert a designer fact, a plaintive hast to show that I reasonable blank design was available, and that the defendants failure to blank alternative design rendered the product blank

Alternative, adopt, not reasonably safe

Which of the following are an element of fraudulent misrepresentation?

And intent to induce another, to rely on my misrepresentation, justifiable reliance by the deceive party, damage suffered as a result of the reliance

The doctrine of strict product liability applies to which of the following

Assemblers, packages, bottlers, manufactures, processors, wholesalers, retailers, distributors

Which tour provided bases for a criminal prosecution as well as for a tort action

Battery

Why can't you see the manufacture when a sharp knife cut you?

Because there is a commonly known danger of cutting on self when using a knife

Those who enter retail premises are called

Business invitees

Registration does not create the blank. What helps you protect the blank

Copyright, copyright

Intellectual property infringement

Damages (compensatory, consequential, profits) Seizure/ Destruction of offending goods, Injunctions ,Criminal liability

An individual who has been the subject of a crime can prosecute the alleged criminal

False

Because a corporation is a legal entity, and not a human being, they can never be corporate criminal liability

False

Infringement of a trademark requires intent to infringe, as well as federal registration

False

You accidentally bumped into someone on the sidewalk, and that person falls, but his unharmed. Nonetheless, that person usually can successfully sue you for damages.

False

The basic purpose of tort law is to punish criminal wrongdoers.

False. The basic purpose of tort law is to provide civil remedies for the invasion of protected interests. Tort law creates a legal cause of action when a legal right is breached by the wrongdoing of another.

Compensatory Damages

Intended to compensate or reimburse a plaintive for actual losses

When are user or customer is injured because of fraudulent misrepresentation, the seller must have

Intended to induce the bars, reliance on the misrepresentation

A Mark may be registered as a trademark with the federal government if it needs one of two criteria

Is it currently is being used in commerce and if it is intended to be used in commerce within six months

Joe cannot recover for the intentional infliction of emotional distress. If his neighbor, my, sent him a text message, saying that jodi's mother was killed in a car accident if.

Joe knew it was untrue

The most important, statutory protection, for trademark is the

Lanham act

Olivia typically takes off her diamond ring while she works and put it back on when she leaves. One lunch break she leaves it on her desk. Jenna, a coworker takes a ring and does not return it. Jenna has probably come into the crime of blank.

Larceny

Taking someone else's property with no violence or threat

Larceny

Patent infringement is a blank. It is committed 11 uses, makes, or blanks, another's panted, design, product or process without blank. This is true, even if the patented product is not yet put into blank.

Tort, sells, permission, commerce

Criminal negligence can occur when a defendant was not aware of the risk, but

Should have been aware of it

Marketshare liability is a

Siri used to divide damages among multiple distributors of a harmful product

And product liability seats statutes of limitations normally are set by

State law

Often allow for unlimited liability for manufactures of defective product, no matter how far in the past

Statutes of limitation

One good defense against streach product liability is that

The girls were all tired after they were sold

Business processes, or information, which cannot, or should not be patented, copyrighted, or trademark

Trade secrets

A physical attack can be a tour, a crime, or both

True

A trademark is a distinctive Mark, or Motto, that a manufacturer stamps, prints, otherwise affixes to its own goods

True

Civil law

The person who suffered harm(plaintiff), causing harm to a person or to a persons property, preponderance of the evidence, damages to compensate for the harm, or a decree to achieve an equitable result

Criminal law

The state (government; prosecutor), violating a statute that prohibits some type of activity, beyond a reasonable doubt, punishment(fine, imprisonment, or death)

Battery

an unexcused an harmful or offensive physical contact, intentionally performed

Each of the following is an example of manufacturing defect

and physically, flawed, product, and incorrectly assembled product, non-conformity with design specifications

Assault

any intentional and unexcused threat of immediate harmful or offensive contact

Intangible property, right granted by the federal government to the creator of a literary, artistic, newsworthy or academic work (life of the author +70 years)

copyrights

Which of the following are elements of negligence?

duty, breach, causation, and damages

there is no blank to one about race that are commonly known. A seller must warn those who purchases Friday serves the harm that can result from the blank. Miss use of the product. Court supply a blank test to determine if the warnings adequately alert consumers to the products risk.

duty, foreseeable, reasonableness