Legal Social Exam 4

What is the difference between deceptive advertising and puffery? Choose 2 answer choices. 1 Puffery is heavily regulated, while deceptive advertising is prohibited. 2 Deceptive advertising is prohibited; puffery is allowed. 3 Reasonable people realize puffery is not meant to be taken literally, but they could be fooled by deceptive advertising. 4 Puffery can include half-truths, but deceptive advertising does not.

23

Patentability requires the invention be: 1 novel, non-obvious, and useful. 2 distinctive. 3 commercially valuable. 4 registered with the UTSA.

1

Which of the following types of intellectual property may only be owned by a business? 1 a patent 2 a trade secret 3 a copyright 4 a trademark

2

When a tenant is allowed to remain in possession of the residence after the expiration of a fixed-term tenancy by continuing to pay monthly rent, the tenancy has become a: 1 tenancy at will. 2 tenancy at sufferance. 3 periodic tenancy. 4 tenancy for months.

3

Which of the following types of intellectual property protection usually has a set term of 20 years? 1 trade secret 2 trademark 3 patent 4 copyright

3

A U.S. citizen who writes a book in the United States automatically has copyright protections in other signatory countries under which agreement? 1 The Paris Convention 2 The Madrid Protocol 3 The TRIPS Agreement 4 The Berne Convention

4

Land burdened by an easement is called: 1 the licensed estate. 2 a profit. 3 the dominant estate. 4 the servient estate.

4

Which consumer protection law specifically provides for punitive damages? 1 Fair Debt Collection Practices Act 2 Federal Trade Commission Act 3 Consumer Protection Safety Act of 1972 4 Fair Credit Reporting Act

4

Which of the following conveys a possessory interest in real property? 1 profit 2 easement 3 license 4 periodic tenancy

4

Which of these situations are governed by the Magnuson-Moss Warranty Act? 1 A fan is selling for $34, but the manufacturer does not want to offer a full warranty. 2 A fan costs $22. 3 A fan is selling for $100, and the manufacturer offers a full warranty. 4 A fan is selling for $47, but the manufacturer does not want to offer a warranty.

3

A plaintiff is required to prove which two of the following elements for trademark dilution? Choose 2 answers. 1 The defendant intended to dilute the plaintiff's trademark. 2 The plaintiff's and the defendant's marks are identical. 3 The defendant's use has blurred or tarnished the distinctiveness of the plaintiff's mark. 4 The plaintiff's trademark is famous and distinctive.

34

The TRIPS Agreement does which of the following? Choose 2 answer choices. 1 makes it an international crime to infringe on patent rights 2 automatically provides patent registration in all signatory countries 3 requires members of the WTO to have laws and remedies protecting intellectual property rights 4 establishes standards for protection of intellectual property

34

A tenancy for years will last: 1 for a definite period of time. 2 for at least twenty-four months. 3 at least one year. 4 for not more than twenty-four months.

1

Courts will consider all EXCEPT the following in determining whether the fair use doctrine applies: 1 the effect of the use on the potential market. 2 the amount of the work used in relation to the work as a whole. 3 the purpose and character of the use. 4 the medium of the copyrighted work.

4

Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten is: 1 mislaid. 2 lost. 3 abandoned. 4 treasure trove.

1

Which of the following consumer credit acts helps potential borrowers understand the cost of a loan? 1 Truth-in-Lending Act (TILA) 2 Fair Debt Collection Practices Act (FDCPA) 3 Fair Credit Reporting Act (FCRA) 4 Equal Credit Opportunity Act (ECOA)

1

Which of the following is an example of a fixture? 1 cabinets attached to the wall of a garage 2 a child's swingset that is in the backyard of a house 3 a refrigerator in the kitchen of a house 4 a television that is attached to a wall bracket

1

Which of the following types of intellectual property may only be owned by a business? 1 a trade secret 2 a trademark 3 a copyright 4 a patent

1

A business will be able to protect its trademark for how long? 1 as long as the registration is renewed every 70 years 2 if unregistered, as long as it is in use 3 forever, whether or not it is in use 4 20 years from the date of registration of the trademark

2

If a credit reporting agency fails to remove known errors in a consumer's credit report after request by the consumer, the agency: 1 must pay $1,000,000 in damages to the consumer. 2 may be required to pay damages to the consumer. 3 must delete the consumer's credit report entirely. 4 may be required to shut down its operation.

2

In a tenancy in common: (Select 2 answers) 1 two or more people own the same piece of property. 2 co-owners may ask the court for a partition. 3 if either of the co-owners sells their share of the property, the tenancy in common is severed. 4 if either of the co-owners dies, the property automatically passes to the surviving co-owners.

12

What remedies can consumers get from a debt collection agency for illegal treatment? Choose 3 answer choices. 1 Attorney's Fees 2 Damages 3 Court Costs 4 $1,000 per violation

123

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a: 1 trade secret. 2 trademark. 3 patent. 4 copyright.

2

The earliest international agreement that provided copyright protections among the signatories to the agreement was the: 1 Trade-Related Aspects of Intellectual Property Rights Agreement. 2 Madrid Protocol. 3 Berne Convention. 4 Anti-Counterfeiting Trade Agreement.

3

The first sale doctrine: 1 allows for the rental or lease of sound recordings. 2 allows the owner of a copy of a copyrighted work to further copy and sell that work. 3 allows a person who owns a lawfully made copy of a copyrighted work to sell the copy. 4 does not apply to computer programs readable by humans.

3

Puffery includes what kinds of activities? 1 Ads appearing to be based on facts, but without factual evidence 2 Ads including half-truths 3 Bait-and-switch advertising 4 Ads with exaggerated statements

4

The agency that oversees the credit practices of banks, mortgage lenders, and credit card companies is called the: 1 Consumer Investigation Agency. 2 Financial Regulation Bureau. 3 Federal Banking Investigation. 4 Consumer Financial Protection Bureau.

4

Which of the following behaviors is prohibited under the FDCPA? Choose 2 answer choices. 1 Calling a consumer at 3 a.m. 2 Calling a consumer's mother to determine the consumer's address 3 Telling the consumer if they do not pay their debt that legal action will be initiated 4 Notifying a consumer's neighbor that they are in debt

14

The role of a state's attorney general in handling complaints about potential violations of consumer protection laws is to: 1 implement recalls of defective products. 2 set the standards for consumer protection and enforce them. 3 represent individual consumers in consumer protection lawsuits. 4 ensure a safe and fair marketplace for the citizens of the state.

4

When a tenant wrongfully holds over from the term of their lease, it is called: 1 a tenancy at sufferance. 2 a tenancy for years. 3 a tenancy at will. 4 a periodic tenancy.

1

Real property consists of which of the following? Select 3 answers. 1 harvested crops 2 fixtures 3 buildings 4 land

234

In order to form a bailment, the bailor must: 1 deliver at least constructive possession of personal property to the bailee. 2 transfer possession and title of personal property to the bailee. 3 deliver title of personal property to the bailee. 4 deliver actual possession of personal property to the bailee.

4

Signing an 18-month lease on a two-bedroom townhouse with a monthly rent of $900 creates a: 1 tenancy at will. 2 fixed-term tenancy. 3 periodic tenancy. 4 tenancy by the entirety.

2

A business will be able to protect its trademark for how long? 1 forever, whether or not it is in use 2 as long as the registration is renewed every 70 years 3 20 years from the date of registration of the trademark 4 if unregistered, as long as it is in use

4

Methods for transferring title to real estate include: 1 by sale, by gift, by theft, and through eminent domain. 2 by sale, by gift, through a will, through bankruptcy, and through eminent domain. 3 by sale, through a will, by default, and through adverse possession. 4 by sale, by gift, through a will, through adverse possession, and through eminent domain.

4

Which of the following consumer credit acts examines lenders' practices regarding race, religion, national origin, color, gender, marital status, or age? 1 Truth-in-Lending Act (TILA) 2 Fair Debt Collection Practices Act (FDCPA) 3 Fair Credit Reporting Act (FCRA) 4 Equal Credit Opportunity Act (ECOA)

4

Which of the following is true about easements appurtenant? 1 They give a person authority to remove something from the land of another. 2They benefit a particular person as opposed to the land. 3 They are temporary. 4 They "run with the land."

4

What does the Magnuson-Moss Warranty Act require? Choose 2 answer choices. 1 Manufacturers must offer warranties for products selling for over $25. 2 The address of the person to contact for warranty services. 3 Manufacturers must offer at least limited warranties. 4 The name of the person to contact for warranty services.

24

A nonpossessory interest in land owned by another that entitles its holder to a specific limited use of the land is called: 1 a zone. 2 adverse possession. 3 an easement. 4 leasehold.

3

What are two functions of the Consumer Product Safety Commission (CPSC)? Choose 2 answers. 1 to set the safety standards for consumer products 2 to ban the manufacture and sale of hazardous products 3 to enforce violations of false advertising 4 to sue a manufacturer regarding a state claim

12

Direct infringement includes which of the following? Choose 3 answer choices. 1 Making a patented invention without permission from the patent owner 2 Using a patented invention without permission of the patent owner 3 Selling a patented invention without permission from the patent owner 4 Encouraging another to sell a patented invention, without permission from the patent owner

123

The fair use doctrine applies to reproductions of copyrighted works for the purpose of: (Select 3 answers) 1 criticism. 2 news reporting. 3 avoiding royalty fees. 4 teaching and scholarship.

124

When a product is advertised for sale at a greatly reduced price, but the salesperson tries to get customers to buy a more expensive item instead, this is called: 1 substitution deception. 2 bait and switch. 3 sleight of hand. 4 rain check.

2

Which of the following qualifies for protection under the first sale doctrine? 1 Lucia purchases a book and later resells it to her friend. 2 Francesco buys an original painting, paints an exact copy of it, and sells it. 3 Sofia writes a piece of music and sells the rights to the composition. 4 Hugo buys a computer program, copies the code to his own computer, and then sells the program to another person.

1

An author may expect to receive copyright protection for the life of the author plus: 1 10 years. 2 20 years. 3 70 years. 4 50 years.

3

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a: 1 patent. 2 trademark. 3 copyright. 4 trade secret.

3

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a: 1 trade secret. 2 copyright. 3 patent. 4 trademark.

4

A company which has used a trademark similar to another's trademark in a way that is likely to cause confusion among consumers has committed: 1 misappropriation. 2 trademark dilution. 3 trademark infringement. 4 copyright infringement.

3

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a: 1 trade secret. 2 patent. 3 trademark. 4 copyright.

1

If an individual owns a piece of property and has the unlimited authority to use and sell the property, they: 1 own the property in fee simple absolute. 2 have a remainder interest. 3 have a concurrent interest. 4 have a life estate.

1

The attribute that distinguishes personal property from real property is: 1 ability to be moved. 2 value. 3 tangibility. 4 ownership by an individual rather than a business.

1

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection? 1 patent protection 2 trade secrets protection 3 trademark protection 4 copyright protection

1

The remedies available to injured consumers under federal and state consumer protection laws may include: (Choose 3 answers.) 1 damages for actual injury or harm caused. 2 recall of dangerous products. 3 punitive damages. 4 attorney's fees and costs.

134

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that: 1 Dakota's novels will be protected if Australia has signed the Berne Convention. 2 Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention. 3 Dakota's novels are only protected in the United States. 4 Dakota's novels will be protected if the United States has signed the Berne Convention.

2

In Suzanne's will, she left her home and five acres to her niece, Abrhianna. However, before her death, Suzanne sold the property to Clark, providing a deed in fee simple. At the moment of Suzanne's death, who owns the property? 1 Clark and Abrhianna become co-owners of the property. 2 Clark owns the property. 3 Abrhianna owns the property. 4 neither Clark nor Abrhianna own the property.

2

Which of the following actions are associated with the Consumer Financial Protection Bureau (CFPB)? Choose 2 answers. 1 determining and establishing credit limits for credit cards 2 preventing and providing remedies for repossessions 3 writing and enforcing rules for financial institutions 4 collecting and tracking consumer complaints

34

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic that they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money by selling her cleaning solution, but she does not want to give up her secret ingredient. If Monica applies for and receives a patent on the cleaning solution: 1 she can keep the formula a secret forever. 2 she can keep the formula a secret for twenty years. 3 she must reveal the formula, and others can copy the formula, although they must pay a fee to the U.S. Patent Office to do so. 4 she must reveal the formula, but has the sole right to produce and sell it for twenty years

4

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is: 1 to hold internet service providers accountable for digital copyright infringement by their users. 2 to provide an easier method of filing copyright registrations on digital media. 3 to bring copyright laws into the digital age by regulating digital media copyright infringement. 4 to require foreign signatories to the DMCA to enforce digital copyright infringement.

3

A consumer product is any article, or its component parts, produced or distributed for sale to a consumer: 1 for household use and consumption only. 2 for the consumer's own use or enjoyment. 3 for the consumer's own use or enjoyment, including boats, aircraft, motor vehicles, drugs, tobacco products, and food. 4 for the consumer's own use or enjoyment, which may include wholesale and retail uses.

2

A person in her last days with a terminal illness tells her friend that he can have her car when she dies. This type of gift is called a: 1 gift inter vivos. 2 gift causa mortis. 3 gift extra mortis. 4 gift causa vivos.

2

Paul owns his own home, which is financed with Green Forest Home Loans. Paul has been paying his mortgage for four years and is concerned that his remaining balance is not being reduced appropriately. When Paul investigates, he discovers his payments are not being credited on the day they are received, which means that more interest is accruing on the loan than there should be. Paul files a complaint with the Consumer Financial Protection Bureau (CFPB), which sends the complaint to Green Forest. Once Green Forest receives the complaint: 1 Green Forest must respond to the complaint within 120 days. 2 Green Forest must respond to the complaint within 30 days. 3 Green Forest will have 15 days to respond to the complaint and 60 days to resolve the issue. 4 Green Forest must respond to the complaint within 90 days.

3

Saundra is the CEO of Boat Kingdom, a jet ski manufacturing plant. She is very proud of the quality jet skis her company produces. She wants to include a written warranty that promises to repair any jet ski that incurs damage within the first year after it is purchased, as long as the jet ski is returned to the manufacturer by the consumer. Terryl, the CFO of the company, discourages Saundra from providing any written warranty at all. To comply with the Magnuson-Moss Warranty Act, Saundra: 1 must provide a written warranty, but it only needs to give the consumer the name and address of the person to contact to obtain warranty service. 2 must provide a written warranty that explains the parts that are covered in the warranty. 3 need not provide a written warranty. 4 must provide a written warranty, and it must be written in simple, understandable language.

3

Abram purchased a four-wheeler from Outback Camping Supply Company. The four-wheeler came with a one-page statement about the four-wheeler that said: "Warranty. This four-wheeler is fully warranted for twelve months." That was the only information Abram received about any warranty. Does this warranty violate the Magnuson-Moss Warranty Act? 1 It does not violate the Magnuson-Moss Warranty Act because the Act applies to sales of services, not sales of consumer goods. 2 It does not violate the Magnuson-Moss Warranty Act because it provides a full warranty. 3 It does not violate the Magnuson-Moss Warranty Act because written warranties are not required under the Act. 4 It violates the Magnuson-Moss Warranty Act by not providing important presale disclosures.

4

A new north-south interstate highway was being planned, and the route for the interstate went straight through Roy's property. Roy received a notice from the city stating that his property would be condemned and setting a hearing on the matter. Roy appeared at the hearing to contest the action, saying he had lived in this house for forty years, and strenuously objected to the city taking his property! The probable result is that: 1 the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation. 2 the city may take the property under the principle of eminent domain since it is for a public use and does not have to compensate Roy. 3 the city may take the property under the principle of adverse possession since it is for a public use and does not have to compensate Roy. 4 the city may take the property under the principle of adverse possession since it is for a public use, as long as it pays Roy just compensation.

1

Cecil was showing Carlotta around his used car lot. He stopped at a 1972 Mustang convertible and popped the hood. "This is the best little car ever made. She'll out-run a Cadillac any day." Carlotta was impressed. She believed that statement meant the Mustang would go at least eighty miles an hour, because that's what her old Cadillac would do, so she bought the Mustang. When she later found out the top speed the Mustang could reach was seventy miles an hour, she tried to return the Mustang, claiming Cecil had been deceptive with his statements comparing the speed of a Mustang to the speed of a Cadillac. In this case, Cecil's statements: 1 are mere puffery and would not be considered deceptive. 2 are not deceptive but do create a warranty. 3 are deceptive, and Carlotta will be able to return the Mustang for a full refund. 4 are deceptive, but Carlotta will not be able to return the Mustang.

1

Which of the following are requirements for a valid gift? Choose 3 answers. 1 The donee (one receiving the gift) must accept the gift. 2 The gift must be delivered. 3 The gift must have value. 4 The giver must intend to make a gift.

124

Which of the following scenarios represents an example of an involuntary bailment? Select 2 answers. 1 A person forgetting to take home their cooler from their friend's cookout 2 A customer depositing their luggage with an airline 3 A customer mislaying a phone in a restaurant 4 A customer leaving their car to be serviced with a mechanic

13

Joe's Garage specializes in repairing foreign cars. Malcolm brings his Alpha Romeo to Joe's Garage for repair. Malcolm explains to Joe, the owner of the garage, that there is a strange sound under the hood and the left front tire is wobbling. Joe is about to leave town to go to Italy for three weeks and tells Malcolm that he cannot accept the repair job and Malcolm should remove the car from Joe's property. Malcolm is worried about driving the car, so he leaves it on Joe's property behind the building. Joe leaves for vacation, not realizing that Malcolm's Alpha Romeo is parked out back. While Joe is in Italy, someone vandalizes the car and causes thousands of dollars of damage. When Malcolm returns for his car and finds out the car has been vandalized, Malcolm sues Joe. Malcolm claims the car was Joe's responsibility because they had a valid bailment. The court will likely find that Joe and Malcolm: 1 had no valid bailment, but Joe is responsible for the damage to the car. 2 had no valid bailment, and Joe is not responsible for the damage to the car. 3 had a valid bailment, but Joe is not responsible for the damage to the car. 4 had a valid bailment, and Joe is responsible for the damage to the car.

2

Sabrina owns an apartment complex in upstate New York. One of her renters, Salvo, informs her in January that the heating unit has stopped working in his apartment. Sabrina promises to fix the problem, but two weeks later, the heating unit is still not working. Salvo may: 1 stop paying rent, but may not move out. 2 vacate the apartment, and Sabrina will be liable for any expenses he incurs. 3 move out, but may pay rent at a reduced rate. 4 have to fix the problem himself because landlords have no responsibility to repair heating units

2

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection? 1 suggestive, arbitrary, fanciful, generic, descriptive 2 fanciful, arbitrary, suggestive, descriptive, generic 3 arbitrary, fanciful, suggestive, descriptive, generic 4 generic, descriptive, arbitrary, fanciful, suggestive

2

Which of the following actions can the Federal Trade Commission (FTC) employ against unfair and deceptive advertising? Choose 2 answers. 1 native ad integration 2 cease and desist order 3 bait and switch order 4 counteradvertising sanction

24

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated: 1 no law. 2 the Software Copyright Act of 2019. 3 the Digital Millennium Patent Act. 4 the Digital Millennium Copyright Act.

4

A plaintiff is required to prove which two of the following elements for trademark dilution? Choose 2 answers. 1 The defendant's use has blurred or tarnished the distinctiveness of the plaintiff's mark. 2 The plaintiff's and the defendant's marks are identical. 3 The defendant intended to dilute the plaintiff's trademark. 4 The plaintiff's trademark is famous and distinctive

14

Which of the following does NOT qualify an object as a fixture? 1 It is attached to the property in such a way that removing it would cause damage. 2 The object was in or on the property at the time of sale. 3 The object is intended by the owner to remain there permanently. 4 The object was specially made for the property.

2

After acquiring three new rental properties, Savannah made improvements to them. In the first property, she installed ceiling fans in each bedroom. In the second, she laid out decorative throw rugs in the living room. In the third, she had a new central air unit installed. Six months later, she decides to sell the properties and is wondering which of these improvements she can remove from the properties and keep for herself. Of the three improvements, Savannah CANNOT remove: 1 the ceiling fans and central air unit, but their classification as fixtures would make no difference in whether or not Savannah can remove them. 2 the central air unit and the throw rugs because they would be considered fixtures. 3 all three improvements because they would be considered fixtures that become part of the real property. 4 the ceiling fans and central air unit because they would be considered fixtures.

4

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has: 1 committed copyright infringement because her actions are not permissible under the first sale doctrine. 2 not committed copyright infringement whether or not she sells the textbook back to the bookstore at the end of the semester. 3 not committed copyright infringement because her actions are permissible under the first sale doctrine. 4 committed copyright infringement if she sells the textbook back to the bookstore at the end of the semester.

1