Week 6 Mindtap- Business LAW

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include

All of the choices

A person's intent to return embezzled property—or its actual return—is not a defense to the crime of embezzlement.

True

A suspect cannot be tried twice in the same court for the same crime.

True

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy.

True

An internal company network can better protect the company's trade secrets.

True

Constitutional safeguards to protect the rights of individuals apply in federal courts.

True

Cyber torts are torts that arise from online conduct.

True

Federal law permits the sending of unsolicited commercial e-mail and does not prohibit spamming activities.

True

Federal wiretapping law covers electronic forms of communication.

True

In some states, an unsolicited e-mail must include a toll-free phone number that the recipient can use to ask the sender to send no more unsolicited e-mail.

True

It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise.

True

Online defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others online.

True

Public officials prosecute criminal defendants.

True

Online conduct gives rise to only a narrow variety of legal actions.

True MAYBE FALSE (2)

Using another's trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner's permission.

True Maybe False

Robert registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is

typosquatting.

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

under no circumstances.

Sales & Revenue, Inc., discovers that defamatory statements about its policies and products are being posted in an online forum. TransWeb Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. Sales & Revenue files a suit against the anonymous users. The plaintiff can obtain from TransWeb the identity of the persons responsible for the defamatory messages by

using the authority of the court.

To test computer security and conduct encryption research, Tech Solutions Inc. circumvents the encryption software and other technological antipiracy protection of United Business Corporation's software. Under the Digital Millennium Copyright Act, this is

​a "fair use" exception to the provisions of the act.

Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is

​a distributed network.

InfoFree Inc. makes and sells devices and services for the circumvention of encryption software. Under the Digital Millennium Copyright Act, this is

​a violation of copyright law.

Web Marketing Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment

​cybersquatting can flourish.

Suzu, an employee of Ridgeline Credit Union, deposits into her personal account checks entrusted to Ridgeline through its ATM system by customers to deposit into their accounts. This is

​embezzlement.

Chad signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is​

​forgery.

Rhino causes a disturbance at Soufflé Café. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by

imprisonment up to one year.

Federal law permits the intentional interception of any wire, oral, or electronic communication.

False

File-sharing software can be used to download others' copyrighted property without liability for any infringement.

False

Much of the material on the Internet, including software and database information, is not copyrighted.

False

No federal statute specifically addresses cyber crime.

False

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.

False

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can

Maybe not refuse to testify

Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when

Mia offered the bribe.​

A cyberterrorist might target a government agency, but not a business.

False

A stolen credit card is more likely to hurt the cardholder than a merchant.​

False

An Internet service provider is liable for any act of copyright infringement by its customer.​

False

Criminal law spells out the duties that exist between persons or between citizens and their governments.

False

Cybersquatting occurs when key words are inserted into a Web site's keywords coding to tell Internet browsers specific information about a Web page.

False

Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.

False

Enrico accesses Finance Bank's computer system without authority to obtain protected financial and credit records. Under federal law, this is

a felony if it was done for a commercial purpose.

Grain Mill Company brings a suit against Milled Grain Company under the Anticybersquatting Consumer Protection Act, alleging that Milled Grain is profiting from a domain name that is confusingly similar to Grain Mill's trademark. If Grain Mill is successful, a recovery may include

actual damages and profits in any amount.

Eddie and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is

c. ​a violation of the intellectual property rights of the owners of the images and materials.

Don sends e-mail to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is

cyber fraud.

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is

cybersquatting.

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

d. ​trademark infringement.

Bev wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in her car, and drives away. This is

larceny.

Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute

robbery.

Ludwig receives from Milo a marimba stolen from Nadine. Which of the following, if Ludwig knew, would cause him to be criminally liable?

that the marimba is stolen and he intended to keep it

Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it. This program is

​malware.

Refer to Fact Pattern 9-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

​none of the choices.

Ossie enters a convenience store and points a gun at the clerk Pico. Ossie forces Pico to open the cash register and give him all the money. Ossie will most likely be charged with

​robbery.