LES 305 Final

The Employee Retirement Income Security Act establishes rules regarding each of the following except - record keeping - minimum interest rate returns on investments by pension and retirement savings plans. - maintenance of standardized vesting rules. - how much company stock may be held in a pension plan.

minimum interest rate returns on investments by pension and retirement savings plans.

A design patent issued before May 13, 2015 will last for

14 years from the date they were granted.

Nearly __________ of the states have enacted criminal codes based on the Model Penal Code (MPC) adopted by the American Law Institute (ALI) in 1962.

2/3

McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk, and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be

20 years from the filing of the application with the U.S. Patent and Trade Office.

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010, Mike completes the companion book, and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publisher's copyright run out and expire?

2108

The FMLA is administered by the Department of Labor and applies to employers that have 50 or more employees within __________ miles.

75

The Labor Management Relations Act gives the president of the United States the right to suspend a strike for up to __________ in times of national emergency.

80 days

Workers at Jones Corporation have been on strike for three months due to an impasse based on salary and benefits. When the strike is concluded,

the employer is not required to rehire the employees and the employees are not entitled to back pay.

Each of the following is considered trade dress except - the brown uniforms and trucks at UPS. - the white linen tablecloths at the Four Seasons Restaurant in New York City. - the font and size of print used in a national store's print advertising. - the costume worn by your school's mascot at sporting and other events.

the white linen tablecloths at the Four Seasons Restaurant in New York City.

The color or shape of an item, if distinctive, is

trade dress

Felonies generally are punishable by

twelve months or more of incarceration.

Finley is a U.S. senator. While at a friend's wedding, he comments that another senator, Glen, is corrupt and is an alcoholic and drug addict. Another guest was recording video of the wedding party and picked up Finley's comments. The guest posted the video online where it was viewed by Glen's family, friends, colleagues, and constituents. His reputation is permanently scarred and he loses re-election. Is Finley guilty of defamation?

yes, he has committed slander

The __________ updated existing wiretap laws and restricts an employer from monitoring an employee's personal calls without the employee's consent.

Electronic Communications Privacy Act

Which of the following is not an example of a trademark lost, or in danger of losing protection, due to its becoming a generic term? - Kleenex - Band Aid - Ford - Aspirin

Ford

Management is permitted to voice objections to the formation of a union under the

Labor Management Relations Act

Which of the following is also called the Taft-Hartley Act? - Fair Labor Practices Act - Labor Management Relations Act - national Labor Relations Act - Labor-Management Reporting and Disclosure Act

Labor Management Relations Act

Which of the following is a service mark? - The GEICO gecko in advertisements - McDonald's golden arches - The Geek Squad at Best Buy - The Adidas three stripes on a pair of sneakers

The Geek Squad at Best Buy

Most state workers' compensation statutes exempt each of the following except - a college student who regularly works part-time for a florist after classes and is injured while making a delivery to a customer. - a college student who works two months a year during his summer vacation as a lifeguard at a pool and is injured while saving a woman. - a full-time custodial worker employed at a local store. - a housekeeper who injures her back while vacuuming a rug.

a full-time custodial worker employed at a local store.

The three stripes on Adidas clothing represent

a trademark

Corporations and their managers can be guilty of the crimes of their employees if the crime was committed for some corporate __________ or benefit of the company.

advantage

State licensing statutes and regulations compel workers to __________ in order to legally work in a licensed profession.: - All of the choices are correct. -complete a training program -pass an exam - pay a fee

all of the choices are correct

What profession(s) is/are subject to various state licensing regulations? - All of the choices are correct -Massage Therapists -Doctors of Medicine -Electricians

all of the choices are correct

The No Electronic Theft Act primarily addressed protection regarding

copyrights

Which of the following is intellectual or intangible property? - copyrights and patents - oxygen - a car - a tree

copyrights and patents

Following the __________, the prosecutor and defense counsel typically will enter into a plea-bargaining negotiation.

arraignment

Which of the following is a valid defense in a strict products liability case? - consent - contributory negligence - comparative negligence - assumption of risk

assumption of risk

A trademark can be any of the following except a - formula - symbol - word - phrase

formula

Evidence obtained from an illegal search may not be used against the defendant. This is called

fruit of the poisonous tree.

Arthur has attached a device to a local ATM machine that records customers' bank account numbers and PINs. He then sells these account numbers and PINs to nefarious individuals who use the information to steal money from the customers' accounts. Arthur is

guilty of a crime under the Computer Fraud and Abuse Act as amended by the Patriot Act.

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following, unless consent to monitor is granted, except - employee email - employee voice mail - employee incoming personal phone calls - employee outgoing personal phone calls

employee email

The Fair Labor Standards Act was originally intended to cover employers engaged in

interstate commerce only

Under the Health Care and Education Reconciliation Act, employers offering high-end health care policies in 2018 will be required to pay additional taxes to help fund the Act's plan. A high-end health care policy is defined as one costing more than

$27,500 per year.

Amanda is driving toward a busy intersection. As she approaches the intersection, she looks down and reaches to adjust the radio in her car. She runs a red light and hits another car, which then crashes into a utility pole, knocking it down and causing a power loss in a 3-mile radius. It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union. Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage. What will the result be?

Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages.

In Metro-Goldwyn-Mayer Studios v. Grokster, Ltd., Grokster claimed a fair use exception to the copyright infringement claim because its process was such that it was impossible for Grokster to know if the users of its device were infringing or not. Which of the following was the outcome? - Grokster was allowed to use the fair use exception because all of the music its device was designed to copy was already in the public domain and therefore not protected. - Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights. - The device provided by Grokster to its customers was capable of substantial noninfringing uses, so the fair use exception articulated in the Sony case was met.

Grokster was denied the fair use exception because the majority of its business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights.

Protection of employee medical information is addressed by the

Health Insurance Portability and Accountability Act.

Martin is an intern working for (TFC), an international company. TFC heavily advertises on television and in various print media that its chicken is superior due to its blend of "42 secret herbs and spices."One day Martin is called into the president's office for an assignment, and during their conversation, the president leaves the room, leaving Martin alone. Martin notices that the wall safe is open and looks inside, where he sees an envelope labeled "THE RECIPE." He opens it and finds that it is the list of the 42 secret herbs and spices, along with quantities and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon, he calls Bluto's Fried Chicken, and informs Bluto's of the information he possesses, and they arrange a meeting. If Martin sells the recipe to Bluto's, who, if anyone, would be guilty of misappropriation?

If Martin sells the recipe to Bluto's, both Martin and Bluto's are guilty of misappropriation.

Carl Critic has just announced his choices of the worst Hollywood actresses of the year, and Stella Starr has been named the worst of the worst. Carl's announcement, made in his weekly column titled "Random Musings by Carl Critic" and published in the local paper, claims that he believes her to have the least amount of talent in the movie industry and that she "can't act her way out of a paper bag." When Stella reads Carl's column, she immediately starts to cry hysterically and then decides to sue him. Does she have a valid case of libel?

No, this was merely Carl's opinion.

Unsafe workplace conditions are monitored and regulated under

OSHA

__________ have the right to engage in picketing at the employer's facilities, although there is no right to picket at the actual property site owned by the company.

Strikers

Jennifer and Angela are both broke. They have sold most of their possessions, and neither can find a job. One evening they decide to rob a bank. They agree that Jennifer will enter the bank pretending to have a bomb strapped to her chest and Angela will drive the getaway car. The next morning they drive to the bank, and while they are waiting for it to open, they see a church next door. Hoping for divine help while committing the robbery, they step into the church to pray. Suddenly realizing the error of their ways, they abandon their plans and sign up to become nuns.

They are guilty of conspiracy.

Courts __________ any of the Restatements, but they do recognize them as widely applied principles of law.

are not bound by

an is on trial for arson. For Jan to be found guilty, her guilt must be proved

beyond a reasonable doubt.

To obtain a license, one typically must apply in the office of __________ of any state in which the work will be performed.

business regulation

A tort is a __________ wrong in which one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.

civil

In cases in which the injured party's conduct has played a factor in the harm suffered, the Restatements allow the tortfeasor to assert the defense of __________ negligence.

comparative

Mitigating circumstances

if proved, may be applied to reduce a defendant's punishment.

__________ property is the result of a knowledge flow within an intellectual capital management program.

intellectual

The FMLA affords employees certain protections related to __________.

job security

Trade secrets are protectable

or as long as the company desires

In a products liability case, the plaintiff may pursue legal remedies against the seller under any of the following categories except

product disparagement

_________ laws are typically a blend of state common law and state statutory law.

products liability

Intellectual property is an umbrella term for the legal property rights except:

real property

Which of the following describes a literal patent infringement where the infringed device does more than is described in the patent application of the protected invention?

rule of addition

Who would most likely not be a key employee? - CEO - in-house counsel - security guard - CFO

security guard

Lindsay is a sprinter on the school's track team. If she is confronted by a man with a cast on his leg who is threatening her with a knife and she kills her assailant during a brief skirmish, claiming self-defense would most likely be a successful defense if

she is confronted in her home.

Professor Patty is very distraught that three students in her class cannot afford to buy the 42- chapter book for the course. The book is used for two semesters, although not all students take the second semester. She finally tells the three students that she will make copies of the first 21 chapters for them, at no charge. Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class. If Professor Patty is sued for copyright infringement

she loses because she is copying whole sections and a significant portion of the book.

Generally, tort law is governed by

state common law

Trade secret protections are provided through

state statutes and common law

The knowledge that resides within employees is __________ knowledge.

tacit

Which of the following is not covered under the Fair Labor Standards Act? - working conditions - child labor - overtime pay - minimum wage

working conditions