Legal environment of business midterm

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely

A "fair use."

wrongful interference with a contractual relationship occurs when

All of these choices

Defense to a claim of trespass to land is to show that the

All off theses choices

Seafood Café Company makes products that can cause severe health problems to those with shellfish allergies. Seafood analyzes the cost of warning people of the risk (which they believe is obvious) and the risk of harm to people if no warning is included in advertising and on menus. This analysis most likely is part of

An outcome-based ethics

When a business makes an unethical decision and then rationalizes it by saying it is only a small issue, is an example of

Categorical imperative

Obtaining a court order to close down the domain name of a website is an effective tool that US officials use to combat online sales of

Counterfeit goods

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

Crabapple

Received

Domestic Gas Company offers to sell Energy Ltd. A certain quantity of liquefied natural gas. If energy sends an acceptance via Domestics authorized mode of communication, it will be effective when it is

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in it's entirety, for infringement of copyright to occur.

False

An unusual or fanciful trade name is not protected under trademark law.

False

Discovery includes the process of serving a summons, and a copy of a complaint on a defendant.

False

Federal agency regulation do not take precedence over conflicting state regulations.

False

Fraud Reduction and Data Analytics Act is used to identity and asses fraud risks in private companies.

False

If a party is unhappy about the decision of their case in their state Supreme Court, and it was a case involving state law, they can appeal it to the federal Supreme Court.

False

Independent regulatory agencies are not subject to the authority of the president.

False

Only the federal government provides for the registration of trademarks.

False

Pricing information is not a trade secret.

False

The products involved in a trademark dilution suit must be similar.

False

The study of business law does not involve an ethical dimension.

False

If a company strictly complies with existing laws, the firm will

Fulfill some business ethics obligations

Alice & Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be

In writing or evidenced by a written memorandum.

Ethics are important because...

Laws represent the will of the people, and that is often changing.

A ____________ will be granted only if there are no genuine questions of facts, and the sole question is a question of law.

Motion of summary judgment

A ___________ is a legal authority that a court may consult for guidance, but that is not binding on the court.

Persuasive authority

Cody makes a business decision based on financial outcomes alone, and then attempts to argue that it is ethical as well. Cody is

Rationalizing his decision

___________ is essentially a trademark that is used to distinguish the service (rather than the products) of one person or company from those of another.

Service mark

Numerous federal courts now hold ___________(another type of ADR), in which the parties present their arguments and evidence, and the jury renders a verdict.

Summary jury trails

The basis of all law in the United States is

The U.S. constitution

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

service mark

Businesses generally attempt to protect their _________ by having all employees who use the process or information agree in their contracts or in confidentiality agreements, never to divulge it.

Trade secrets.

Brewed Beans, Inc., makes and sells "CoCoCafe," a chocolate-flavored coffee. Dark roast, Inc., later markets a similar drink under the name "kokokafe." This is most likely

Trademark infringement

A law that limits a fundamental right that may be held to violate substantive due process.

True

A question of law is generally the focus of an appellate court.

True

A trademark is a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods, and distinguishes its products from those made or sold by others.

True

Arbitrary and fanciful trademarks are sometimes considered to be the most distinctive trademarks.

True

Duty-based ethics is based on the idea that every business has certain duties to others and the planet.

True

If someone posts nude pictures or videos taken with digital devices on social media, they have committed the torts of invasion of privacy and appropriation.

True

In a case based on diversity of citizenship involving individuals, a federal court will apply the relevant state law.

True

In a case involving internet transactions, jurisdiction can be met by a state through minimum contracts if the company conducts substantial business in the jurisdiction through online contracts or sales.

True

The authority of a court to hear and decide a specific case is called jurisdiction.

True

The basis of a civil law system is a written code of laws.

True

The most "formal" form of alternative dispute resolution is arbitration.

True

"Be honest and treat people fairly." With respect to business ethics, implementing this motto is

Very important

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

a catchy phrase, such as "Stuff your home with Home Stuff!"

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for

a federal court to exercise jurisdiction

Cynthia is the chief financial officer of Digital Corporation. In that capacity, when she is unsure whether a certain business action is legal, she should act a. in her own best interest. b. honestly and responsibly. c. in the short-run interest of Digital. d. to maximize profit.

b. Honest & responsibly

Predictive Data LLC makes and sells software the enables a business to target its adverting precisely. The company could successfully bring an action for copyright infringement against a competitor who copies

The parts of the software that can be read by humans.

Wrongfully taking or retaining possession of an individuals personal property and placing it in the service of another is known as

The tort of conversion

cost-benefit analysis is part of

The utilitarian model

Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to

Their lost net profits.