FINA 2244 Exam 2

player A voluntarily participates in a soccer game and gets punched in the face by player B. player A could:

sue player B for battery because punching is not a normal contact in a soccer sport

if people are told that counterfeit goods are counterfeit then:

the counterfeit goods are still a violation of the law

under the common law trade name protection belongs to:

the first to use the name in a given area of business

a landlord rented space to a furniture store that would provide a good business environment. the landlord rented the next space to an exercise studio. the studio was very noisy, causing the furniture store to lose business. the store owner complained to the landlord, who would do nothing. the store owner (lessee) broke the lease before it was up and was sued by the landlord. the court would be likely to hold that:

the furniture store owner suffered constrictive eviction

suppose someone uses an internet server, such as AOL, to send a message to others that is defamatory. the person injured by the defamation has a good case against:

the sender but not AOL unless AOL was aware of the activity and did not halt it

suppose a team of artists who work for Fox draw the Simpson's television program and Fox owns the copyright. the duration of the copyright is:

95 years

the right of utility to run power lines over land and put water lines under private property is based on:

an easement

"apple" (computers) and "exxon" (gasoline) are examples of what kind of trademark?

arbitrary and fanciful

if sam points a gun at harry, a stranger, and says "prepare to die, but then does nothing. the tort possibly committed is:

assault

baseball fans who willingly sit where they might be hit by a stray baseball during the normal course of play are:

assuming the risk of being hit by a stray baseball

which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

defenses against strict liability include(s):

all of the other specific choices are possible (product abuse, assumption of risk, sophisticated user)

a patent is good for:

20 years from time of application

anna transfers, to her mother mildred, ownership of anna's second home so long as mildred is alive. this is known as:

a life estate

in a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of:

a reasonably skilled, competent and experienced doctor

Linda buys a house in grover square. her deed contains the following: "no homeowner in grover square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." this clause is:

a restrictive covenant

the ownership of property by two or more persons who have an undivided interest in the property but has no right of survivorship is:

a tenancy in common

while sitting beside a swimming pool, a neighbor, Bob, a roof installer, tells you that you should buy stock in HotNet because it is about to skyrocket in value. you invest all your money in the stock, which then drops to zero. you:

cannot sue bob for negligent misrepresentation

in wassell v. adams the plaintiff was 97% responsible for the attack she suffered in a hotel room. as a result, the injury awarded her 3% of an $850,000 verdict, or $25,000. this action reflects which of the following legal doctrines?

comparative negligence

you go to a flea market and buy a LCD TV for $100. one day you recieve a notice that the owner of the TV, which had been stolen from her house and sold by the thief at the flea marker, wants the set back. she says if you do not return the TV she will sue you for:

conversion, and probably win even though you did not know the set was stolen

to download nintendo games on the internet, where others could then copy them freely, is a violation of which intellectual property rights:

copyrights

a statement that is presumed by law to be harmful to the person to whom they were directed and therefore requires no proof of harm or injury is:

defamation per se

if the government takes land from a private owner without the consent of the owner it is exercising the right to:

eminent domain

cause in face is established by:

evidence showing the defendant's actions or inaction is the actual case of an injury that would not have occurred but for the defendants behavior

the most common form of real property ownership that gives exclusive possession to a particular piece of land from the center of the earth to the sky is:

fee simple

when a person suffers an injury due to deliberate deception, there may be a tort of:

fraud

which of the following is an example of tangible personal property:

furniture

the law of product liability is primarily` concerned with:

harms suffered by purchasers of defective products

trademarks, trade names, patents, and copyrifhts are a form of:

intangible property

in a tort action for trespass to land the:

intruder is not excused even if mistaken about the right to enter on the land

the rule requiring producers to pay compensation to consumers injured by defective products, even though reasonable care has been exercised, is called:

strict liability

"sports glasses" advertises that its product will not break when used in contact sports. a hockey player catches a stick in the face; his "sports glasses" break and injure him. he sues the maker of "sports glasses". they likely be held:

liable in strict liability based on express warranty

the tort of printed or written defamatory communication is:

libel

driving down the street you stupidly run a red light and hit a car legally going through a green light. you knock that car into a parked car, which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk. that person sues you in tort for damages. they will probably:

lose because of the lack of proximate cause

while you are sound asleep, your roommate hits you in the head with a brick. this is most likely to be the tort of:

malicious prosecution

alicia, talking on her cell phone, foolishly runs off the road and over eduardo's foot. the tort that eduardo will most likely initiate is:

negligence

the tort that protects individuals from harm based on careless & unintentional conduct of others is called

negligence

the formula for coca-cola is:

none of these (patented, copyrighted, in the public domain, trade dress)

your neighbor next door plays her stereo very loud at 3 am. he ignores your repeated requests for quiet and keeps up the habit. you are most likely to win a suit for the tort of:

nuisance

which of the following is not a condition to establish adverse possession:

periodic possession

sarah is attacked by jane as she is getting her mail from the mailbox. sarah punches jane and knocks her unconscious. while jane is unconscious, sarah continues to punch her. sarah will nor be able to use self-defense if jane sues her for battery because:

sarah continued to inflict punishment on her attacker once the attacker was helpless

Albert is attacked by bruce while getting out of his car is a store parking lot. Albert punches bruce in the face, breaking bruce's nose. when bruce sues Albert for battery, Albert is likely to use a defense.

self-defense

which of the following is most likely to be an example of a battery?

someone beats you up in a fist fight

in Palsgraf v. long island railroad company, involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train, Palsgraf's injuries were not a result of negligence on the part of the railroad because:

there was nothing in the situation to suggest to a cautious mind that dropping the package would cause the plaintiff's damage

in two pesos, Inc. v Taco Cabana, Inc. the supreme court held that a Mexican-style restaurant could not copy the decor of a competitor because of the law protecting:

trade dress

real property may include:

trees

to determine if a person's conduct was negligent, one ask:

what would the victim's mother have done under the same or similar circumstances?

design defect cases focus on:

whether an injury to users could have been prevented by designing the product differently

intentional torts are based on:

willful misconduct

in MacPherson v Buick Motors the court held for MacPherson in juries caused by defective wheels on his Buick. this case allowed for negligence for product liability:

without privacy