Legal Environment of Business (MindTap) 8-11 & 23

13. In 1980, Congress passed the _______________________ , which amended the Copyright Act to include computer programs.

Computer Software Copyright Act

13. When a country's government seizes privately owned property of foreign investors without paying just compensation, it is known as __________________.

Confiscation

14. If a business process, and information relating to that process, cannot be patented, copyrighted, or trademarked, there is nothing a business can do to protect it.

False

National Law

Government rules and regulations that are enforceable by that government within certain boundaries

1. A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.

True

11. Many states have enacted laws that punish behavior as criminal without the need to show criminal intent.

True

3. A physical attack can be a tort or a crime or both.

True

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

True

1. A copyright is a tangible property right; this means that you can touch and feel it.

b. False

1. An individual who has been the victim of a crime can prosecute the alleged criminal.

b. False

10. It is legal to make counterfeit labels and ship them overseas because those labels are not affixed to goods.

b. False

12. The act of state doctrine is frequently employed in importing cases.

b. False

12. The first sale doctrine states that once a copyrighted work is sold, it may only be resold with the permission of the original owner.

b. False

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

b. False

7. A color scheme can never qualify for trademark protection.

b. False

17. Most state laws, with respect to protection of information of a commercial value, are based on the:

b. Uniform Trade Secrets Act.

8. While an alphabetical listing of phone customers cannot be copyrighted, the Yellow Pages and advertising sections of a phone book may be copyrightable because the:

b. Yellow Pages' information is selected and arranged in an original way.

Ben's employer reviewed his personal communications at work and then fired Ben. Ben has a viable claim for a violation of the Electronic Communications Privacy Act if his employer:

b. accessed Ben's private Facebook page by guessing his password.

14. To be patentable, an invention, discovery, process, or design must be:

b. novel, useful, and not obvious.

10. Comity means:

b. that one nation will show deference for the laws and decrees of another nation.

Ron reserves the domain name www.wamart.com before Wal-Mart does, which directs a user to a Web site which he has set up that sells retail goods online. Ron's action is known as:

b. typosquatting.

6. A _____________ agreement is an agreement formed by __________________ nations to govern their __________________ .

bilateral, two, relationships

MediaContact, Inc., specializes in sending spam on behalf of its clients. MediaContact may be required to do which of the following in order to comply with state laws?

c. Instruct spam recipients on how to "opt out" of their e-mails.

14. One of the major exceptions to the doctrine of sovereign immunity is when:

c. a nation engages in commercial activity within the United States.

15. The primary purpose of the North American Free Trade Agreement (NAFTA) is to:

c. eliminate tariffs among the United States, Canada, and Mexico.

6. In Latin, a wrongful mental state is known as:

c. mens rea.

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects:

c. neither Cason's concept nor his process.

The government of Thailand passes a law stating that no U.S. dollars are allowed to enter the country. Americans traveling to Thailand therefore may not bring dollars with them. All dollars have to be exchanged for the Thailand domestic currency (Thai Baht) at any border crossing, airport, or train station. Laura, a U.S. citizen, files a lawsuit against Thailand in a U.S. court challenging the legality of this law. Laura will most likely:

c. not prevail because of the act of state doctrine.

2. Under federal copyright laws, a single-authored book is:

c. protected for the author's life plus seventy years.

5. The main reason that U.S. firms establish manufacturing plants abroad is that:

c. they can reduce costs.

9. The distinctive color, furniture, labels, logos and employee uniforms that might be used by a company are known as its:

c. trade dress.

Collective Mark

A trademark or service mark used by members of a cooperative, association, or other group or organization to certify a region, materials, mode of manufacture, quality, or accuracy of the goods or services.

International Organization

An alliance of two or more countries seeking cooperation with each other without giving up either's autonomy or self-determination.

7. _______________ is not copyrightable.

An original idea

10. The provision of the U.S. Constitution that provides that, "No Tax or Duty shall be laid on Articles exported from any State," is found in ________________ .

Article l, Section 9 of the U.S. constitution

5. Which example in the following list is unrelated to the concept of intellectual property?

d. Land

Russell reserves the domain name "juliaroberts.com" and creates a fan Web site dedicated to Julia Roberts, the actress. Russell eventually sends Ms. Roberts a letter offering to sell her the domain name. Russell is a:

d. cybersquatter.

Kristine works for Treeteeth, a U.S. company doing business in several countries around the world. She applies for a management position but is not given the promotion because the country in which she works has a law that forbids women from supervising men. She sues for gender discrimination under Title VII of the Civil Rights Act of 1964. Kristine:

d. loses the case because Title VII has a "foreign law" exception.

Kevin has a reasonable expectation of privacy in sharing information online in all of the following situations except:

d. posting a photo on Twitter or Instagram.

2. The major difference between national law and international law is:

d. that national law can be enforced by the nation's government, while international law cannot be enforced by any government.

10. If someone uses a small amount of a copyrighted work for a nonprofit, educational purpose, it may be a legal use under the _____________ doctrine.

fair use

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

false

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

involuntary manslaughter

Quotas

limitations on the amount of specific products that may be imported from certain countries during a given time period

8. Criminal negligence can occur when a defendant is not aware of the risk, but ___________________ .

should have been aware of it

1. The ___________ way for a U.S. firm to do business internationally is to ______________ .

simplest, export

8. International organizations can adopt _____________ in the form of resolutions or declarations that require member nations to behave in certain ways. They also may create _______________ to be adopted by the member nations.

standards, uniform rules

14. The international organization charged with the responsibility for eliminating trade barriers including tariffs is ________.

the WTO

Licensing

the legal process whereby a licensor allows another firm to use its manufacturing process, trademarks, patents, trade secrets, or other proprietary knowledge

Expropriation

the taking - or nationalization - of property owned by a foreign company for public purpose with just compensation

12. No goods may be imported to the United States if ____________________ .

they come from a country designated an enemy of the United States

Misdemeanor

(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

7. The United States is a member of more than how many multilateral and bilateral organizations?

100

12. A patent for an invention lasts for ________ years.

20

sovereign immunity

A doctrine that immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.

Act of State Doctrine

A doctrine that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.

Certification Mark

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

7. A company may choose to allow a foreign company to produce its goods. In doing so, the U.S. company will _____________ its intellectual property and/or technology to the foreign company to use in making the product, and the foreign company will pay the U.S. company _______________ .

License, royalties

Dumping

Selling goods in another country below market prices

Tariffs

Taxes on imports or exports

petty offense

The least serious kind of criminal offense, such as a traffic or building-code violation.

treaty

a formal agreement between the governments of two or more countries

confiscation

a government's taking of a privately owned business or personal property without a proper public purpose or an award of just compensation

Service Mark

a trademark for a service or sale such as advertising to distinguish between two products or services.

15. Which of the following is NOT a category of trade secret?

a. A marketing logo

9. There are several remedies available to a copyright owner for copyright infringement. Select three.

a. Criminal penalties, c. Injunction, f. Damages

2. Select four (4) ways in which U.S. domestic firms can engage in international business transactions.

a. Exporting their goods, c. Establishing foreign production facilities, e. Licensing technology to existing foreign companies, g. Establishing overseas subsidiaries

4. A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria.

a. If it currently is being used in commerce.,c. If it is intended to be in use in commerce within six months.

4. Select the three basic sources of international law from the list.

a. International customs, c. Treaties and agreements, e. International organizations

2. The most important statutory protection for trademarks is the:

a. Lanham Act.

16. In addition to NAFTA, select two (2) other important regional trade agreements.

a. The CAFTA-DR, d. The KORUS FTA

1. International law can be defined as a body of law formed as a result of international customs, treaties, and organizations, that governs relations among or between nations.

a. True

10. Many of the more than 4,000 federal criminal offenses do not require a specifically wrongful mental state.

a. True

11. A trade name may be protected under trademark law and may be registered with the federal government so long as it is also used as a trademark or service mark.

a. True

11. In determining whether a use is "fair use" of copyrighted material, the effect of that use upon the potential market for the work is often the most important factor.

a. True

13. Subsequent to the America Invents Act of 2011, the first person to file a patent application receives patent protection.

a. True

6. Foreign companies have established plants in the United States to avoid import duties that are imposed on products entering the United States from their countries.

a. True

6. Widely known facts and common sequences are not copyrightable.

a. True

9. A U.S. firm can expand internationally through a joint venture.

a. True

Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography not mountains. Sally's use of the photos is:

a. an infringement of Isaiah's copyright.

Irene sues Mark for defamation. During the lawsuit, Irene wants to obtain Mark's posts on his social media. Irene will:

a. be allowed to obtain Mark's social media posts before the trial begins.

6. The most strongly protected type of mark is labeled as:

a. fanciful and arbitrary.

7. A person can be found to be criminally reckless if:

a. he or she consciously disregards a substantial and unjustifiable risk.

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book:

a. is protected for her life plus seventy years.

9. One of the basic differences between a common law and a civil law legal system is that:

a. judges in civil systems often actively question witnesses.

joint venture

an agreement with a foreign company to share a business project

8. When a U.S. firm establishes a wholly owned subsidiary in a foreign country, the parent company usually _________________ .

remains in the United States

Exporting

selling products to another country

Felonies

serious crimes usually carrying a penalty of death or of incarceration for more than one year(rape, murder, arson)