MindTap Questions
the act of state doctrine is frequently employed in
expropriation cases
A chain of organic fast food restaurants uses the same distinctive colors, furniture, labels, logos, and employee uniforms. This unique ambiance is known as trade dress, which is NOT, however, as good as trademark protection.
false
A copyright is an intangible property right, meaning that you can touch and feel it
false
A cyber crime can best be defined as a new type of crime.
false
Because the Copyright Act has a first-sale doctrine, once you buy a book, you are NOT allowed to resell it.
false
Ben has consulted with an attorney regarding his employer having reviewed his personal communications at work. Be would have a viable claim for a violation of the Electronic Communications Privacy Act for which of the following actions?
Accessing Ben's private Facebook page by guessing his password
`Othman is an Arab prisoner held in a U.S. prison. Another prisoner, Habib, attacks and seriously injures Othman. Othman's family in Saudi Arabia files a lawsuit against the U.S. corporation operating the prison. Othman's family may file this lawsuit that alleges a violation of a U.S. treaty and that treaty is the .
Alien Tort Claims Act
Unobtainium Venture Capital, a new venture capital start-up, wants to create a place for employees to communicate and share files, but wants to minimize its potential risk to competitors by protecting its trade secrets that the shared data may contain. UVC should utilize
An internal social network
Correct order of the typical major procedural steps in a criminal case.
Arrest --> booking --> Initial appearance --> Preliminary Hearing (or grand jury) --> Indictment or Information --> Arraignment --> trial
Sean is researching federal law to determine if there are civil or criminal penalties associated with the circumvention of the encryption software on a DVD. He should find the
Digital Millennium Copy Right Act
Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation by consumer complaints is the
FTC
The Department of Justice wants access to the telephone records of a major newspaper. The requirement for a search warrant, an order from a judge authorizing the search of the records, would be required under the
Fourth Amendment
Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because:
He only obtained license to use, not ownership of the app
Officer Spangler believes that John Doe is a criminal. He asks a judge to issue a general warrant that allows Spangler to go through John Doe's Belongings in his house. Will the Judge agree?
No, because a search warrant cannot extend beyond what is described in the warrant
Hobbs owns a small Internet service provider and is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court?
No, because the Communications Decency Act treats Internet serve providers differently from print publishers
The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Assume that it turns out that Phil was an undercover FBI agent and that it was his idea that Dale violate the FCPA. Dale does do so. What would Dale's best defense to criminal liability be, mistake, duress, or entrapment?
None of these defense could be used by Dale
Lily developed a blog and relays rumors and gossip she hears in her hometown. She should be concerned about
Online defamation
The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. If Phil were to be found to be in violation of the FCPA, what standard of proof would be needed for a criminal conviction
Proof beyond a reasonable doubt.
What happens when evidence obtained in violation of the rights spelled out in the Fourth, Fifth, and Sixth Amendments are presented at trial?
Such evidence must be excluded from the trial proceedings
Electronic Imports, a U.S. company enters into a contract with E Manufacturing, a company based in China. Both companies have a sign agreement with an arbitration provision, that in the event of any disputes, the matter will be arbitrated in the United States. An issue arises that causes E Manufacturing to breach its agreement with Electronic Imports, and E Manufacturing files suit in a court in China. Electronic Imports would rely on which of the following to enforce its arbitration provision in the agreement?
The New York Convention.
The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Suppose that a whistleblower in the company alerts the FBI about Phil and Dale's plan. The FBI, without a warrant searches the company's offices and finds evidence that Phil and Dale violated the FCPA. Which of the following is true?
The evidence most likely would not be able to be used in a prosecution against Phil and Dale due to the exclusionary rule.
Sally registers the domain name thedallascowboys.com before the NLF football team is able to do so, with the title of her web site called The Dallas Cowboys, a nightclub in Austin, Texas. Sally's use of the domain name and the name of her bar is
Trademark dilution
Syrup Company creates a drink with coffee and chocolate and sells it under the name MochaMerge. Alpha Corporation starts selling a similar product under the name MokaMerge. This is most likely a matter of
Trademark infringement
Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot's in the air conditioners it manufactures. Allied does not have Hot's permission to use the motor. Can Hot sue Allied for patent infringement?
Yes, because Allied infringed on Hot's patent.
Starla was killed when her car struck one of a group of horses that were roaming on the highway. The Sea Horse Ranch owned the horses, which were property of the corporation that owned the ranch. The horses frequently escaped through poorly maintained fences surrounding the ranch. Shipley, the ranch's owner and president of the corporation, had been cited by the police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Shipley for involuntary manslaughter. Can the Sea Horse Ranch corporation be held liable for the crime?
Yes, because a corporation can be held liable for the criminal actions of its officers
The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. The fact that one could be punished by over a year in prison makes a violation:
a felony
one of the major exceptions to the doctrine of sovereign immunity is made when
a nation takes actions in connection with the commercial activity in the U.S. or that have a direct effect in the U.S.
The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. If a grand jury were to meet and officially charge Phil with a violation of the FCPA, the official charging of the crime would be called:
an indictment
Without permission, Sally copies photographs from Isaiah's book Mt. 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
an infringement of Isaiah's copyright.
an_____ involves the criminal defendant being brought before the court informed of the charges and asked to enter a plea.
arraignment
Habib is an Arab prisoner being held in a U.S. prison. Another prisoner, Aham, attacks and seriously injures Habib. Habib's family in Saudi Arabia wants to file a lawsuit in a U.S. court against the American company that operates the prison for negligently allowing Habib to be injured. If Habib's family wishes to file a lawsuit alleging a violation of a U.S. treaty they may
be able to bring a lawsuit under the Alien Tort Claims Act
The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Under the FCPA, like most crimes the prosecutor would have to show:
both actus reus and mens rea
The "Good Housekeeping Seal of Approval" on a product is an example of a
certification mark.
Microlex, Inc., a U.S. corporation, signs a sales contract with Freres, S.A., a French corporation, in which Microlex agrees to sell Freres $100,000 worth of Microlex products. This is an example of
direct exporting
Justin is the accountant for a trucking company. A driver, Andrew, holds a gun to Justin's head and forces him to steal from the company. Justin falsifies records, obtains cash, and gives it to Andrew. If criminal charges are brought against Justin, he can assert the defense of
duress
Because there is no contract between an outsider who steals confidential business data by industrial espionage, there can be no violation of trade secrets.
false
Determining who suffers the most harm from any type of hacking is the major challenge to legal authorities worldwide.
false
If a business process and information relating to that process cannot be patented, copyrighted, or trademarked against appropriation by competitors, there is nothing that a business can do.
false
Liza is arrested on suspicion of having committed a serious crime. While she is in custody, she says out loud "Maybe I should talk to my lawyer." This statement by itself will stop the police questioning.
false
Patent infringement is a crime.
false
Posting negative comments about other individuals on your social media is protected speech
false
Similar to trademark infringement, a claim of trademark dilution in the online world requires proof that consumers will likely be confused by a connection between the unauthorized use and the mark.
false
The United States is one of the nations with a legal system based on civil law.
false
Tracking vehicle movements by authorities does not require a search warrant.
false
Under all circumstances, the duration of trade secrets is forever.
false
Under the Sherman Act, foreign governments cannot be sued for violations.q
false
When an international sales contract does not have an arbitration clause, but does have a forum-selection clause and a choice-of-law clause, the law suit will always be heard by a court in the country where the plaintiff resides.
false
You have a highly skilled computer programmer as a friend who agrees to enter into your university's grading system and change your grades for the better. Your friend is called a tortfeasor.
false
Dunkin Donuts licenses Nadia to use its trademark, trade name, and recipes to produce and sell donuts in Romania. Payment by Nadia will include a set-up fee, plus a small royalty on all revenues generated in Romania. This type of business arrangement is most likely a(n)
franchise
when a grand jury decides that someone should be charged for an alleged crime, such as a charge is called an
indictment
many lessor crimes do not require a grand jury but the individual is nonetheless formally charged via an
information
Quality Inns International announced a new chain of economy hotels to be marketed under the name McSleep Inns. McDonald's Corp. spends $1 billion on advertising each year to ensure that people are familiar with its logo and its 'Mc' products. McDonald's filed a lawsuit seeking an injunction preventing Quality Inns from using the prefix 'Mc.' McDonald's claimed that McSleep infringed on the McDonald's family of trademarks characterized by the prefix 'Mc' attached to a generic term. Quality Inns claimed that 'Mc' was generic as a prefix and that McDonald's had no trademark rights to it. The court most likely found that Quality's use of the prefix 'Mc'
infringed on McDonald's trademark, because consumers were likely to be confused.
Quality Foods wants to obtain trademark protection for a product it sells named Salad Dressing. It will probably be unable to do so because the phrase
is generic
In 2010, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book
is protected for her life plus seventy years
Wai-tung, a Chinese firm, manufactures automobiles. In order to get a foothold in the American market, Wai-tung sells its cars for several thousand dollars below what it charges in China. Wai-tung
may have antidumping duties imposed on its imported goods.
Gavin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Gavin reports the profits of his gambling operation as legitimate store income on his tax returns. Gavin is engaged in
money laundering
uster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for
name only
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
neither Cason's concept nor his process.
Colin 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
neither Colin's concept nor his process.
eighth amendment
no excessive bail and no cruel and unusual punishment.
fifth amendment
no person can be forced as a witness against himself or herself no one can be tried for the same criminal offense twice no one to be deprived of liberty or property without due process of law
Venezuela passes a law stating that no dollars are allowed to enter the country, such that Americans traveling to Venezuela have to exchange their dollars for Venezuelan's domestic currency at any border crossing. Natalie, a U.S. citizen, files a lawsuit against Venezuela in a U.S. court challenging the legality of this law. Natalie will most likely
not prevail because of the act of state doctrine
Landers, Inc., an American company, agrees to sell copper electric cables to a state-owned company in Ecuador. Landers was given specific manufacturing requirements and had to invest in new machinery to meet them. Once the order was processed, the Ecuadorian electric company repudiated the contract, claiming immunity under the Foreign Sovereign Immunities Act (FSIA). Nonetheless, Landers might prevail in court because
of the exception to the FSIA concerning national governments engaging in strictly commercial activities
Geo Sox, an American company, agreed to sell copper electric cables to a state-owned company in Nigeria. Geo Sox was given very specific manufacturing requirements and had to invest in new machinery to meet the requirements. Once the order was processed, the Nigerian electric company repudiated the contract, claiming immunity under the Foreign Sovereign Immunities Act (FSIA). However, Geo Sox might prevail in court because
of the exception to the FSIA concerning national governments engaging in strictly commercial activities.
In 2014, Sven writes his memoirs called My Life in Lapland. Sven does not register a copyright. Under federal copyright laws, Sven's book is:
protected for his life plus 70 years
sixth amendment
right to a speedy public trial by jury
which of the following activities is not prohibited by the CAN-SPAM act
sending junk mail via USPS
Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a
service mark
Amy Mendoza is a local radio personality who goes by the name "Amy in the a.m." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a
service mark
Pierre has a radio show in the evening that he calls "Pierre in the PM" and he uses that label in print ads. Pierre most likely can register "Pierre in the PM" as a
service mark
the term comity means
the deference one nation shows for the laws and judicial decrees of another nation
A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for
the information in the files and Laz's ideas for the game design.
GameBuilder, Inc., has an idea for a new massive multiplayer online game and assigns Tina the task of programming it, which she undertakes. Tina then quits, goes to work for a competitor, and takes the files she has developed. Under trade secrecy laws, GameBuilder, Inc., has protection for:
the information in the files and Tina's ideas for the game design
Blake invents a new camp grill that he names Blake's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Blake can obtain a trademark for
the name only
On the Border Mexican restaurants all have the same terra cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambiance, known in legal terms as their
trade dress
Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of
trademark infringement.
A U.S. firm can expand into international markets through a joint venture.
true
A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods.
true
An original idea is NOT copyrightable
true
By means of arbitration clauses in international contracts, the parties agree in advance to be bound by the decision of a specified third party in the event of a dispute.
true
Foreign companies, such as Sony and Nissan, have established U.S. plants to avoid import duties that are imposed on Japanese products entering this country.
true
In determining "fair use" of copyrighted material, the effect of that use upon the potential market for or value of the copyrighted work is often the most important factor for the courts to consider.
true
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.
true
Silverado Foods, Inc., wishes to obtain trademark protection for a product it sells that it has named Salad Dressing, but will probably be unable to do so because the phrase is generic.
true
Subsequent to the America Invents Act (2011), the first person to file a patent application receives patent protection.
true
Unless a trade name is used as a trademark or service mark, it cannot be registered with the federal government.
true
Using another's trademark in a meta tag will normally constitute trademark infringement
true
in determining "fair use" of copyrighted material, the effect of that use upon the potential market for or value of the copyrighted work is often the most important factor for the courts to consider.
true
fourth amendment
warrant must be issued with probable cause no unreasonable search and seizures
The white pages of a telephone directory cannot be copyrighted, but the yellow pages might qualify for copyright protection because the:
yellow page information is usually selected and presented in an original way
