ACCT 324 Final

f Saya decides to ask the USPTO to reexamine Ramona's patent, what is she asking the USPTO to do? To consider if Ramona's patent actually infringes on Saya's product. To consider if Saya's product better qualifies for patent protection. To consider whether Ramona's patent application was filed for inappropriate purposes. To consider whether Ramona's patent application was timely filed. To consider whether Ramona's patent invalidates prior art and whether it should have in fact been issued.

To consider whether Ramona's patent invalidates prior art and whether it should have in fact been issued.

What action would Jon have against Taylor for taking the rake? Trespass to personal property. Conversion. Private nuisance. Negligence. Harassment.

Trespass to personal property.

By broadening the scope of actions covered and the definition of a public official, Congress amended the Foreign Corrupt Practices Act to conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development. True or False

True

Government inspectors may enter a business to conduct an inspection without a warrant if the industry is highly regulated such as food or firearms. True or False

True

In some situations, the law specifies the duty of care one individual owes to another. True or False

True

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers. True or False

True

When would a defendant use the doctrine of res ipsa loquitur? To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed. To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. To allow the judge and jury to presume the plaintiff is guilty of contributory negligence. To allow the judge and jury to presume the plaintiff destroyed evidence. To allow the judge to hold the defendant liable under a strict liability theory.

To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.

Trademark dilution laws prohibit the use of "distinctive" or "famous" marks even without showing customer confusion. True or False

True

What, if any, defenses are available to a person who has been accused of defamation? Truth and privilege. Privilege but not truth. Truth but not privilege. Purposeful and negligence. There are no defenses to defamation.

Truth and privilege.

The address of an organization website ends with _______. .gov .edu .net .org .com

.org

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered? A surprise event A superseding cause A relative cause An unusual cause Assumption of the risk

A superseding cause

Tort law consists of which of the following? A civil or criminal action in state court. A civil or criminal action in federal court. A breach of contract. A wrong or injury to another, including a breach of contract. A wrong or injury to another, other than a breach of contract.

A wrong or injury to another, other than a breach of contract.

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact? A. Assault B. Battery C. Assault and battery D. Defamation E. Strict liability

A. Assault

Which of the following torts seek to compensate people wrongfully subjected to litigation? A. Malicious prosecution, wrongful civil proceedings, and abuse of process. B. Wrongful civil proceedings, but not malicious prosecution or abuse of process. C. Abuse of process, but not malicious prosecution or wrongful civil proceedings. D. Malicious prosecution and wrongful civil proceedings, but not abuse of process. E. Malicious prosecution and abuse of process, but not wrongful civil proceedings.

A. Malicious prosecution, wrongful civil proceedings, and abuse of process.

Which of the following is a term describing the wrongful state of mind needed for a criminal action? A. Mens rea. B. Actus reus. C. Res judicata. D. Stare decisis. E. Carpe diem.

A. Mens rea.

Using fraudulent means to obtain information about someone's phone use is which of the following? A. Pretexting B. Ponzi scheme C. False pretenses D. False token E. Defalcation

A. Pretexting

The forceful and unlawful taking of personal property is which of the following? A. Robbery B. Burglary C. Larceny D. Arson E. Criminal fraud

A. Robbery

Which of the following requires a "pattern"? A. The Racketeer Influenced and Corrupt Organizations Act. B. The False Claims Act. C. The Sarbanes-Oxley Act of 2002. D. The crime of false pretenses. E. The crime of false token.

A. The Racketeer Influenced and Corrupt Organizations Act.

Which statement is true regarding tort litigation? A. Tort litigation has been declining gradually since 1990. B. Tort litigation has increased steadily since 1990. C. Tort litigation has remained constant with no real change in numbers since 1990. D. Tort litigation increased significantly in the 1990s but has declined in the last two years. E. Tort litigation decreased in the 1990's but has increased steadily since the year 2000.

A. Tort litigation has been declining gradually since 1990.

Penny and Theodore comprise a scheme whereby Penny will send information to Theodore in regards to the moves her telecommunications company is making when she learns about it in their company's internal strategy meeting so he can make a better stock trade. This is known as _______. A. insider trading B. cramming C. embezzlement D. false token E. check kiting

A. insider trading

The Fifth Amendment privilege against self-incrimination applies to: _______. A. natural persons B. both corporations and people C. legal corporations D. foreign governments

A. natural persons

Does actual cause exist in the bank's action against Teresa? Actual causation would exist because the bank would not have been destroyed if Teresa had fulfilled her duty to drive properly. Actual cause is present because as a matter of policy, it is believed that someone who rear-ends a vehicle should be responsible for damages. Actual cause is present because Teresa was the legal cause of the bank burning. Actual cause is not present because Teresa is not the legal cause of the bank burning. Actual cause is not present because Teresa is not the proximate cause of the bank burning.

Actual causation would exist because the bank would not have been destroyed if Teresa had fulfilled her duty to drive properly.

"But for" causation refers to which of the following? Proximate cause. Significant cause. Actual cause. Legal cause. Constructive cause.

Actual cause.

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact? Assault Battery Assault and battery Defamation Strict liability

Assault

f the product packaging had contained a warning regarding dizziness in individuals with high blood pressure and Julia proceeded to take the drug despite its warning, what would be the company's best defense? Assumption of the risk. Misuse. Sophisticated-user. State-of-the-art. Statute of limitations.

Assumption of the risk.

An assault victim sues the person who assaulted her. The court awards her $10,000 to pay for her actual medical expenses, to compensate her for time missed from work, and to compensate her for her pain. The $10,000 is an example of what type of damages? A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge

B. Compensatory

The misappropriation of trust funds or money held in a fiduciary capacity is which of the following? A. False entries B. Defalcation C. False pretenses D. Ponzi scheme E. Pretexting

B. Defalcation

Which of the following is punishable by imprisonment for more than one year or death? A. Misdemeanor. B. Felony. C. Petty offenses. D. Tort offenses. E. Any business related crime.

B. Felony.

By buying stock, Claire is guilty of which offense, if any? A. She is guilty of insider trading because she tipped information. B. She is guilty of an insider-trading violation because she traded on tipped information. C. She is guilty of extortion. D. She is guilty of larceny. E. She is not guilty of any offense.

B. She is guilty of an insider-trading violation because she traded on tipped information.

Why does public figure privilege exist? A. To give special protections from defamation to public figures since they are in the public eye and their reputations matter more to them than the average person. B. To encourage free discussion about public figures. C. To discourage discussion about politicians so democracy can function in a more orderly fashion. D. To allow people to make up stories about politicians and celebrities because these public figures are people of interest to the public. E. To prevent people from making a profit by slandering public figures.

B. To encourage free discussion about public figures.

If a person uses an explosive device in order to destroy a competitor's building, this is known as _______. A. a white-collar crime B. arson C. larceny D. burglary E. intentional destruction

B. arson

Do both state and federal law protect against trademark dilution? Only some states have trademark dilution laws, but there is no federal law. There is a federal law, but no state law. Both federal law and some states have trademark dilution laws. Every state has a law against trademark dilution, but there is no federal law. Every state has a law against trademark dilution and there is a federal law.

Both federal law and some states have trademark dilution laws.

While most of the theories of liability for defective products stem from tort law, which of the following defense stems from contract law? Breach of warranty Negligence per se Res ispa loquitur Intentional contracts

Breach of warranty

Zach gets angry because Austin earned a better grade on a test than he did. They get into an argument, and Zach takes a swing at Austin, intending to hit him. Austin shoves Zach in order to avoid the blow. Which of the following is true regarding Austin's actions? A. Austin has committed a battery. B. Austin has committed both an assault and a battery. C. Austin has not committed an assault or a battery because he acted in self-defense. D. Austin cannot rely on self-defense because he was involved in the argument and not completely innocent. E. Austin cannot rely upon self-defense because his life was not in danger.

C. Austin has not committed an assault or a battery because he acted in self-defense.

Which of the following is true regarding corporate executives being held personally liable for business crime under the "responsible corporate officer" doctrine? A. A corporate executive may never be held personally liable for a business crime. B. Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime. C. Corporate executives may be found personally liable for a business crime even if they did not engage in, direct, or know about a specific criminal violation. D. A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation. E. Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity.

C. Corporate executives may be found personally liable for a business crime even if they did not engage in, direct, or know about a specific criminal violation.

A person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money is which of the following? A. Backer B. Reacher C. Hacker D. Trespasser E. Illicit user

C. Hacker

What type of tort occurs when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result? A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

C. Intentional

Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession? A. Robbery B. White-collar burglary C. Larceny D. Arson E. Criminal fraud

C. Larceny

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true? A. Samantha has committed defamation of the college president in the form of slander. B. Samantha has committed defamation of the college president in the form of libel. C. Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy. D. Samantha has committed both defamation and invasion of privacy toward the college president. Samantha has not committed any tort.

C. Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy.

Of which of the following must a defendant be informed before questioning? A. That the defendant must answer questions, or there will be a presumption of guilt at trial. B. That statements made to law enforcement before arraignment may not be used against the defendant in court. C. That the defendant has the right to consult an attorney before speaking to the police. D. That unless the defendant can afford an attorney, the defendant will not have an attorney. E. That the right to an attorney does not begin until after the defendant is arraigned.

C. That the defendant has the right to consult an attorney before speaking to the police.

Wild Music's confidential client lists also contain financial and credit information for their clients. Delilah e-mails the client list to her home e-mail so that she can analyze and sell information about her clients' spending habits. Delilah's actions could constitute a violation of what law? A. RICO B. The M'Naghten Rule C. The Computer Fraud and Abuse Act D. The Foreign Corrupt Practices Act E. The Mail Fraud Act

C. The Computer Fraud and Abuse Act

Defense of property cannot be a defense to a claim of battery. True or False

False

A crime can be a felony, misdemeanor, or petty offense. How is this determination usually made? A. The judge decides. B. The jury decides. C. The statute defining the crime usually establishes whether the crime is a felony, misdemeanor, or petty offense. D. The prosecutor decides how the charges will read. E. The statute defining the crime usually establishes whether the judge or jury decides if the crime is a felony, misdemeanor, or petty offense.

C. The statute defining the crime usually establishes whether the crime is a felony, misdemeanor, or petty offense.

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good housekeeping Seal of Approval"? Product trademark Collective mark Certification mark Service mark Physical activity mark

Certification mark

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good housekeeping Seal of Approval"? Product trademark Collective mark Certification mark Service mark Physical activity mark

Certification mark

In order for a person to use the insanity defense in a criminal suit, a person must prove that their mental state was so impaired that they _______. A. could not distinguish right from wrong only B. could not understand the wrongful nature of the act only C. could not understand the wrongful nature of the act and could not distinguish right from wrong D. are on a medication that impairs their ability to understand their criminal actions E. the insanity defense is no longer allowed unless the crime is murder

C. could not understand the wrongful nature of the act and could not distinguish right from wrong

For an intentional tort to occur, the plaintiff must show the common element of _______. A. negligence B. mistake C. intent D. carelessness E. There is no common element for all intentional torts.

C. intent

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. True or False

False

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union? Product trademark Collective mark Certification mark Service mark Physical activity mark

Collective mark

Which of the following does not accurately explain why product liability cases were rare before 1916? Establishing a defendant's duty to the plaintiff was difficult. Most consumers did not purchase the goods directly from the manufacturer. Consumers were rarely injured by products prior to 1916. Courts considered plaintiff who had not purchased the product directly from the manufacturer could not establish privity of contract.

Consumers were rarely injured by products prior to 1916.

Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally? A. No tort was committed, Jamal was Matt's target not Sally. B. The tort of negligence because Matt only intended to harm Jamal. C. An accidental tort because Matt struck Sally by mistake. D. An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally. E. A strict liability tort occurred because throwing a baseball is inherently dangerous.

D. An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally.

Which of the following is an example of a product developing secondary meaning? Customers identify a certain color as identifying a company's product. Customers hear of the term through a secondary source such as media advertising. A company illegally misappropriated a trademark and has used it to identify a product. A company has agreed to only use a trademark secondarily after the primary user has abandoned it. A product has secondary meaning in the minds of consumers as to usefulness.

Customers identify a certain color as identifying a company's product.

By which of Dr. Eli's actions, if any, did he commit health care fraud? A. Dr. Eli did not commit any acts of health care fraud. B. By the submission of false claims to Medicare only. C. By the receipt of kickbacks from Shady Sam only. D. By the submission of false claims to Medicare and also by the receipt of kickbacks from Shady Sam. E. By submitting false claims to Medicare, by receiving kickbacks from Shady Sam, and also by merely listening to what Shady Sam had to say.

D. By the submission of false claims to Medicare and also by the receipt of kickbacks from Shady Sam.

By using UPS to send correspondence and samples of the bands to patients, Dr. Eli committed which of the following offenses, if any? A. False pretenses B. Fraudulent use of transit C. Defalcation D. Mail fraud E. He is not guilty of any offense

D. Mail fraud

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors? A. False entries B. False token C. False pretenses D. Ponzi scheme E. Pretexting

D. Ponzi scheme

Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act? A. The irresistible impulse act. B. The involuntary act. C. The substantial capacity test. D. The M'Naghten test. E. The necessity defense.

D. The M'Naghten test.

Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation? A. The destruction of documents in a federal bankruptcy investigation is a misdemeanor with possible sentences of up to 364 days in jail. B. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 364 days in jail. C. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 5 years in jail. D. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail. E. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of life imprisonment.

D. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.

Certain types of crimes, such as violations of regulatory statutes, allow punishment without the proof of a guilty mind. This is known as _______. A. actus reus B. a negligent action C. mens rea D. liability without fault E. minimal harm

D. liability without fault

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner? Damages only. An injunction prohibiting the infringer from using the mark only. An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. Damages and an injunction prohibiting the infringer from using the mark.

Damages and an injunction prohibiting the infringer from using the mark.

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner? Damages only. An injunction prohibiting the infringer from using the mark only. An additional amount of damages computed as a multiplier of 5 times the original damages but nothing else. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. Damages and an injunction prohibiting the infringer from using the mark.

Damages and an injunction prohibiting the infringer from using the mark.

Darryl is jaywalking in a jurisdiction that applies contributory negligence. Slick sees Darryl in the street, notices that he is not in the crosswalk, and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Darryl some significant bruising, but Darryl is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction? Slick will not be held liable because Darryl was contributorily negligent. Darryl will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Darryl. Darryl will win because of comparative negligence. Slick will win because of the assumption of risk doctrine based upon the fact that Darryl committed an offense by crossing the street which he did in violation of clearly defined law. Darryl will lose because Slick, at least, reduced his speed.

Darryl will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Darryl.

Which of the following products would likely have the lowest cost for product liability insurance? Cook top stove. Toaster oven. Window blinds with cords. Decorative wall art. Child's car seat.

Decorative wall art.

If a company is sued for product liability and it wishes to use an assumption of the risk defense, which of the following would bolster the company's defense? Despite the plaintiff's injury, she continues to use the product. The breach of warranty was oral and not written. No one else has suffered the same injury as the plaintiff. The plaintiff did not prove that she was sufficiently trained to use the product.

Despite the plaintiff's injury, she continues to use the product.

Becky has been paid by a group of business people to hack into a competitor's computer in order to create a network shutdown during the huge Christmas buying season. Becky would be considered what? A. An embezzler B. A slammer C. A crammer D. A computer modeler E. A cyber terrorist

E. A cyber terrorist

Which of the following is not a typical type of compensatory damage? A. Pain and suffering. B. Cost to repair damaged property. C. Medical expenses. D. Lost wages. E. Damages to punish the defendant for wrongdoing.

E. Damages to punish the defendant for wrongdoing.

Kyla is working at her office one day when her very upset roommate Katrina calls. Katrina tells Kyla that she knows that Kyla stole her money and is sending her boyfriend Jacob to get the money back. Kyla locks herself in her office because she is fearful of Jacob. What torts did Katrina commit? A. Assault only. B. Battery only. C. Assault and battery. D. Assault, battery and defamation. E. None of the above specific torts occurred.

E. None of the above specific torts occurred.

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes? A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

E. Strict-liability

Which of the following serves to combat bribery of foreign officials? A. The Foreign Official Bribery Act B. The International Bribery Prohibition Act C. The Fair Business Act D. The International Fair Business Practices Act E. The Foreign Corrupt Practices Act

E. The Foreign Corrupt Practices Act

Crimes that are less serious and are punishable by fines or imprisonment of less than one year are considered to be _______. A. petty offenses B. felonies C. juvenile petty offenses D. tort offenses E. misdemeanors

E. misdemeanors

Torts can be classified into three classifications in the U.S.: intentional, accidental and negligence. True or False

False

Assuming a trademark was initially registered after 1990, how often must the trademark be renewed after the initial renewal? Every nine years. Every ten years. Every eleven years. Every twelve years. Every thirteen years.

Every ten years.

A private nuisance occurs when a person uses their property in a manner that harms the public as a whole. True or False

False

A strict-liability tort occurs when a defendant acts with the intention of engaging in a specific act that ultimately results in injury. True or False

False

An implied warranty is a warranty that is clearly stated by the seller or manufacturer. True or False

False

Assault and battery are always claimed at the same time. True or False

False

White-collar crime is not punishable by imprisonment under our existing criminal laws. True or False

False

Kelly is sure that Juan has stolen her basketball tickets from her office since he was talking about how badly he wanted to go to the championship game earlier in the week. Kelly confronts Juan and he denies that he has been anywhere near Kelly's office. Kelly pushes Juan into the closet and locks the door, leaving Juan for hours. Kelly has committed what tort? Justified imprisonment. Qualified imprisonment. Reasonable detention. False imprisonment. No tort was committed, Kelly had the right to detain Juan.

False imprisonment.

If Natalia includes a claim that Heavenly Balloon's mark infringed on her trademark, how would a court most likely rule? For Natalia, but only because of the similarity in color of the two marks. For Natalia, but only because of the evidence that consumers were confused by the two marks. For Benji, because sophisticated consumers would know the difference. For Natalia, because consumers are likely to be confused by the two marks. For Benji, because the restaurant names are not identical.

For Natalia, because consumers are likely to be confused by the two marks.

Luann voluntarily stops to render aid to a biker on the side of the road who had been hit by a car. As Luann pulls over she partially blocks the view of oncoming cars. A car driven by Kellip hits Luann's car, further injuring the biker. If the biker sues Luann for their additional injuries, what statute might be a defense for Luann? Motorist Safety to Yield statute. Aid to Others statute. Good Samaritan statute. Assumption of the Risk statute. Clear the Danger statute.

Good Samaritan statute.

According to the _______, people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence. contributory negligence doctrine rescuer statutes Good Samaritan statutes dram shop acts

Good Samaritan statutes

Which of the following defines the danger invites rescue doctrine? A bystander is deemed to be negligent if he or she does not rescue a stranger in imminent danger. Bartenders and bar owners are held responsible for the injuries caused by individuals who become intoxicated at any bar. A business owner is held responsible for the negligent acts of her employees as she failed to use reasonable care while hiring. If a bystander gets injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well.

If a bystander gets injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well.

Which statement is true regarding any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children? There is a federal law that provides that manufacturers are not required to affix warnings directly to a product. Most state laws provide that manufacturers are not required to affix warnings directly to a product. Rachel's parents cannot complain because they did not purchase the squirt gun. If parties other than the original purchasers will likely use the product, a warning should be placed directly on the product itself. Court cases hold that warnings on a product are not required so long as the purchaser is given an instructional pamphlet setting forth warnings.

If parties other than the original purchasers will likely use the product, a warning should be placed directly on the product itself.

A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries? If the stadium owner failed to fulfill its duty to provide reasonable protection because there were no barriers or other measures taken to protect game attendees from being struck by the ball. In all circumstances where a ball hits game attendees, regardless of any other factors. If the stadium owner took all cost-effective precautions but failed to take part in a multi-million dollar research effort to construct a robot to intercept foul balls. If the baseball team was the home team and not the visiting team. If the owner of the stadium was aware of a chance that a ball would strike a patron and failed to cancel the game, despite the risk.

If the stadium owner failed to fulfill its duty to provide reasonable protection because there were no barriers or other measures taken to protect game attendees from being struck by the ball.

_______ is considered to be the fruits of one's mind. Intellectual property Cognitive property Private property Protected property Tradable property

Intellectual property

The word "tort" means which of the following? It is an English word meaning "accidental." It is a German word meaning "malfeasance." It is a Latin word meaning "misfeasance." It is a French word meaning "wrong." It is a civil law term meaning "liability."

It is a French word meaning "wrong."

What is the effect of actual confusion when trademark infringement is alleged? It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion. It is a prerequisite for the plaintiff to recover. It is a weak indication that there is a likelihood of confusion. It is a strong indication that the plaintiff will bridge the gap. It is a strong indication that there is a likelihood of confusion and also that the plaintiff will bridge the gap.

It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion.

Claudio, who has never had prior health issues, suddenly has a heart attack while driving. He runs over a student who is crossing the street, breaking her leg. Which of the following is true? The student can recover upon a showing of injury. Nothing else is required. The student may recover only if the student can show that the student was in the marked crosswalk. It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care. The student can recover in an action for negligence only if it can be shown that Bob had insurance. The student can recover only if the student can establish that the student did not have any medical insurance.

It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.

heo is an aspiring young scientist who agrees to testify at his friend Luminar's trial. Theo has a college degree in chemistry but has not worked in the field, but has a lab in his basement where he conducts experiments. The courts would consider Luminar's testimony as: Expert testimony because he has a college degree. Expert testimony because he has a lab in his basement. Qualified testimony because he has a college degree. Limited testimony because he has not worked in the field. Junk science.

Junk science.

Which statement is true regarding Liz's actions toward Min-ji? Liz committed an assault. Liz committed a battery. Liz committed both an assault and a battery. Liz did not commit any offense because she did not actually hurt Min-ji. Liz did not commit any offense because she was acting in the defense of Daniel.

Liz did not commit any offense because she was acting in the defense of Daniel.

Manufacturers will most likely need to give a sufficient warning of the potential dangers of which of the following products? Razor blade manufacturers must print a warning that the razor blade may cut those who use the razor. Manufacturers of a headache medicine that contains an ingredient, which can be used for criminal purposes, must warn all users of this potential criminal use and consequences of that particular ingredient. Manufacturers of products designed to kill insects and pests that targets crops need to give a warning that these products are toxic. A company that produces nails to be used in construction are required to give a warning that the nail can stab people.

Manufacturers of products designed to kill insects and pests that targets crops need to give a warning that these products are toxic.

Which of the following is true in regards to Scandinavian countries in light of product liability insurance? Manufacturers, producers, and importers of similar products form cooperative groups and obtain an insurance policy. Product liability insurance is paid for by their respective country's governments. Only importers are allowed to have product liability insurance. manufacturers must cover importers' liability premiums. Producers and importers must pay at least half of the manufacturers' costs for product liability premiums.

Manufacturers, producers, and importers of similar products form cooperative groups and obtain an insurance policy.

Mary was driving her new moped down a neighborhood road. While she was trying to adjust her headphones to listen to her favorite song, her moped hit an 8-year-old boy who was crossing the road. Mary dismounted her moped and rushed over to the victim. The young child was unconscious and bleeding. In this scenario, Mary owes what duty, if any, to the victim? Mary has a duty to remove the victim from further harm. Mary has no duty and will not be liable for damages due to negligence. Because Mary is the cause of the accident, she should refrain from any further actions until the police arrive. Mary has a duty to remove the victim from further harm, which means she will not be liable for any damages caused due to negligence.

Mary has a duty to remove the victim from further harm.

Jeff sues Kathy for $10,000 for injury to his property. Kathy is able to establish that Jeff was 45% for the damage to his property. In this example, should Jeff receive $5,500 in damages, which of the following theories of recovery was applied? Modified comparative negligence Pure comparative negligence Modified contributory negligence Pure contributory negligence.

Modified comparative negligence

Did Claudia and Sam have a duty to aid the divers in peril? Neither Claudia nor Sam had a duty to go to the aid of the divers who were in peril. Claudia and Sam had a duty to go to the aid of the divers in peril only if Rogerio refused to do so. Claudia and Sam did not have a duty to go to the aid of the divers in peril unless they were the first to see the problem. Claudia and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers who were in peril. They had no duty to help strangers. Sam and Claudia had a duty to help the divers who were in peril if personal safety was involved but not if the only issue was damage to property.

Neither Claudia nor Sam had a duty to go to the aid of the divers who were in peril.

It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution when patients are on anticoagulants (blood thinners) and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants) of the risks of a procedure the patient is about to undergo that is dangerous to someone on blood thinners. The patient experiences near-fatal bleeding due to the procedure. The plaintiff decides to sue for malpractice but the dentist says he was unaware of the need to warn patients on blood thinners of possible risks. Is the dentist going to be successful in his defense? Yes, as long as the dentist can prove he did not know about the risks. Yes, as long as the dentist did not make any specific mistakes during the dental procedure. Yes, as long as the dentist can prove that the risks are overstated. Yes, because malpractice cases require intentional harm for a victim to prevail. No, because a professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in his or her field of expertise.

No, because a professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in his or her field of expertise.

A teenager plays Grand Theft Auto and runs over people in the game. The teen decides to recreate the game in real life, driving his vehicle up onto the sidewalk and running over two people. The victims pursue a claim against the maker of Grand Theft Auto for negligence, arguing the game makers had a duty of care. Are the victims likely to prevail? Yes, because studies have shown a link between violent video games and real-life violence. Yes, because the teen admitted Grand Theft Auto was his inspiration. Yes because teenagers are impressionable and video game makers have a duty not to expose them to violence. No, because the game makers were not personally in the car at the time of the incident. No, because courts have consistently found it is not foreseeable that playing certain video games or viewing certain websites would result in users committing murder.

No, because courts have consistently found it is not foreseeable that playing certain video games or viewing certain websites would result in users committing murder.

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner? Only damages. Only an injunction prohibiting the infringer from using the mark. An additional amount of damages computed as a multiplier of 5 times the original damages. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages. Damages and an injunction prohibiting the infringer from using the mark.

Only an injunction prohibiting the infringer from using the mark.

Is the company correct that it had no duty to warn of the risk of dizziness? Yes. Although the company knew or should have known about the risk to individuals with high blood pressure, the drug was an over-the-counter drug and the company thus had no duty to protect every person in every situation. No, because the drug contained an ingredient which adversely affected some people with high blood pressure and the company knew or should have known about the risk to individuals with high blood pressure. Yes, because it was an over-the-counter drug. Yes because it was an over-the-counter drug and the risk of dizziness to the average person was extremely low. No, but only if the plaintiff can show the drug adversely affected all individuals with high blood pressure and she was a member of that group.

No, because the drug contained an ingredient which adversely affected some people with high blood pressure and the company knew or should have known about the risk to individuals with high blood pressure.

Cutco believes it is not liable under the state-of-the-art defense. Is Cutco likely to be correct? Yes, if Cutco can prove it was not technologically feasible to produce a safe product at the time the product was produced. Yes, if CutCo can prove its behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced. Yes, if CutCo can prove the benefits of the product outweighed the risks posed by the defect in the product design. No, if the plaintiffs can prove CutCo's behavior was unreasonable. No, the state-of-the-art defense is not available in most strict liability cases.

No, the state-of-the-art defense is not available in most strict liability cases.

Which of the following is not a principle of The Paris Convention of 1883? National treatment Nonconditional protection The right of priority Common rules of minimum standards Date of application be the date of filing in the home nation

Nonconditional protection

Which of the following is not an example of compensatory damages? Payment for the plaintiff's medical bills for surgery resulting from the injuries caused by an intentional tort. Payment for medical bills for pain killers the plaintiff was prescribed to cope with the pain from an intentional tort. Payment for the pain the plaintiff endured as a result of an intentional tort. Payment for lost wages due to time the plaintiff had to take off from work due to injuries sustained as a result of an intentional tort. Payment for attorney fees the plaintiff incurred filing a lawsuit to get compensation for injuries resulting from an intentional tort.

Payment for attorney fees the plaintiff incurred filing a lawsuit to get compensation for injuries resulting from an intentional tort.

Which of these would be the most appropriate cause of action, if any, against Taylor based upon the farm animals and the music? Trespass to property. Harassment. Private nuisance. Negligence. No cause of action is appropriate because Taylor is entitled to use her property as she sees fit.

Private nuisance.

Which statement is true regarding a lawsuit brought by Rachel's parents against the manufacturer of the squirt gun for negligence? Because neither Rachel nor her parents were in privity of contract with the seller, no one other than Marie may be sued for negligence. Privity of contract is not necessary in order to sue for negligence, so the fact that neither Rachel nor her parents were in privity of contract with the seller would not prevent a negligence-based action. Although privity of contract is not an issue, Rachel's parents would be unable to prevail in a negligence action because Rachel did not sustain permanent physical injury. Although privity of contract is not an issue, Rachel's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet. Rachel's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.

Privity of contract is not necessary in order to sue for negligence, so the fact that neither Rachel nor her parents were in privity of contract with the seller would not prevent a negligence-based action.

_______ law is based primarily on tort law. Contract Product liability Administrative Negligence International

Product liability

Under which of the following does the court determine the percentage of fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault? Assumption of the risk. Last-clear-chance. Modified comparative negligence. Pure comparative negligence. Both modified comparative negligence and last-clear-chance.

Pure comparative negligence.

Ling sued a video game publisher on the basis that the games it developed and sold caused aggressive behavior among teenage users. Researchers on games with violent content are divided on whether the games themselves can cause aggressive behavior. Which of the following defenses against negligence can the video game company use in this scenario? Negligence per se. Assumption of risk. Comparative negligence. State-of-the-art defense.

State-of-the-art defense.

Payments that Felicia would receive from Mei for the sale of the mask are referred to as which of the following? Profits Receipts Royalties Payoffs Illegal

Royalties

Quinton is excited to start a new company that manufactures outside yard ornaments. If you are advising Quinton about product liability insurance, which of the following is true? Start-up companies like Quinton's often have difficulty obtaining product liability insurance. Quinton's company's annual sales is not relevant in obtaining product liability insurance. Quinton's product is not relevant in obtaining product liability insurance. Quinton's insurance premiums for his start-up company will be relatively low. Start-up companies like Quinton's can always meet the insurance company's requirements for product liability insurance.

Start-up companies like Quinton's often have difficulty obtaining product liability insurance.

What is the final required element of a negligence action? Proving reasonableness. Seeking damages. Arguing assumption of the risk. Receiving punitive damages. A defendant paying a prevailing plaintiff's legal fees.

Seeking damages.

Which of the following is a mark used in conjunction with a service? Product trademark Collective mark Certification mark Service mark Physical activity mark

Service mark

While out for a bike ride, Huifen sees a child playing alone and unsupervised near the road. Which of the following is true? Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance. She must come to the child's assistance only because a child is involved. She has no duty to render assistance to the child. She must render assistance to the child only if she can do so without peril to herself. She must render assistance to the child only if she is acquainted with the child's parents.

She has no duty to render assistance to the child.

Regarding Maura's claim that copyright protection on a photograph only extends for a maximum of two years, which statement is accurate? She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus seventy years. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus fifty years. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus thirty years. She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus ten years. She is correct.

She is incorrect, and a copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus seventy years.

Which of the following is true about software piracy in China? The Universal Copyright Convention of 1952, as revised in 1971, allows certain types of software to be copied. Although China has imposed fines for piracy, no one has been imprisoned for such an offense. Since 1999, progress on software piracy in China has not been made. Since 1999, progress on software piracy in China has been made, though slowly. China has strict intellectual property laws.

Since 1999, progress on software piracy in China has been made, though slowly.

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as _______. Slander of quality Trade libel Libel of title Slander of title Libel of sale

Slander of title

Which of the following is true regarding negligence under South African law? South Africa's legal system is a combination of selected legal traditions involving Roman, Dutch, and French law, but not German law. Under South African law, individuals can be found negligent in only one way, through failing to exercise reasonable care. South African law models the law of the U.S. and is substantially the same. South African law refuses to recognize sudden emergency as a standard for determining negligence in crisis situations. South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.

South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.

In states that have patent local rules, which of the following procedures is different in patent litigation than in other litigation? A complaint is filed. Discovery is conducted. Terms are defined. An answer is filed.

Terms are defined.

What was the ruling of the court in the case of Welge v. Planters Lifesavers Co., the case in which the plaintiff injured his hand when a jar containing peanuts broke? That the case would be dismissed because the plaintiff could not establish that the jar was maintained in a pristine condition after its purchase. That the plaintiff was unable to recover on his claim because negligence in manufacture of the jar could not be established. That the plaintiff was unable to recover on his claim because he was not the actual purchaser of the jar of peanuts. That the plaintiff would be allowed to proceed on his claim because negligence was established. That the plaintiff would be allowed to proceed on his claim because the defendant was unable to establish that the jar had been damaged after its purchase.

That the plaintiff would be allowed to proceed on his claim because the defendant was unable to establish that the jar had been damaged after its purchase.

Which of the following elements must a plaintiff generally show in order to recover in a product liability lawsuit? Only that the product is defective. That the defect should have been discovered and fixed prior to sale. That the defendant was negligent. That the product is defective and also that the defect existed when the product left the defendant's control. That the product is defective, that the defect existed when the product left the defendant's control, and also that the defendant was negligent.

That the product is defective and also that the defect existed when the product left the defendant's control.

Courts using the market share theory generally require that the plaintiff establish all but which of the following? All the defendants are tortfeasors. The allegedly harmful products share some similarities and have similar, but not identical, defective qualities. The plaintiff is unable to identify which defendant caused her injury, which occurred through no fault of her own. The manufacturers of substantially all the defective products in the relative area and during the relative time are named as defendants.

The allegedly harmful products share some similarities and have similar, but not identical, defective qualities.

Which statement is true regarding punitive damages in product liability cases? Punitive damages are not available in product liability actions. The amount of the punitive-damage award is determined by the wealth of the defendant only. The amount of the punitive-damage award is determined by the maliciousness of the action only. The amount of the punitive-damage award is determined by the wealth of the defendant and the maliciousness of the action. Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.

The amount of the punitive-damage award is determined by the wealth of the defendant and the maliciousness of the action.

What was the result on appeal of the R. J. Reynolds Tobacco case in the text in which the trial court awarded a smoker approximately $200,000 against R. J. Reynolds Tobacco? The appellate court reversed the award, finding the company had no duty to warn smokers of the harm associated with smoking cigarettes. The appellate court reversed the award because harm from smoking cigarettes was unforeseeable. The appellate court affirmed the award against R. J. Reynolds Tobacco, which before 1969 had negligently failed to warn smokers of the harm associated with smoking cigarettes. The appellate court affirmed the award, even though the product was misused. The appellate court reversed the award because consumers were harmed only when they misused the product.

The appellate court affirmed the award against R. J. Reynolds Tobacco, which before 1969 had negligently failed to warn smokers of the harm associated with smoking cigarettes.

How are people and businesses located on the web? Through product names Through Internet names Through domain names Through trademark names Through search engines

Through domain names

For a buyer to rely on breach of the implied warranty of fitness for a particular purpose, she must establish all but which of the following? The seller knew the purpose for which the buyer was purchasing the goods. The buyer did not assume the risk of using the product. The seller has knowledge and skill regarding the product being purchased. The buyer relied on the seller's skill and judgment when purchasing the good.

The buyer did not assume the risk of using the product.

Punitive damages are most likely to be awarded against Naomie if: The court finds Naomie committed gross negligence. The court believes punitive damages are compensatory. The judge personally disagrees with Naomie's behavior. The plaintiff asks for punitive damages. Naomie committed simple negligence.

The court finds Naomie committed gross negligence.

Which of the following was the result on appeal in In Re Simon Shiao Tam, the case in the text involving a challenge to the Lanham Act's requirement that a mark not be disparaging? The court found the disparagement requirement to be unconstitutional under the First Amendment, but affirmed the government's denial of the "Slants" mark. The court found the disparagement requirement to be constitutional under the First Amendment, but because the mark was derogatory, affirmed the government's denial of the "Slants" mark. The court found the disparagement requirement to be constitutional under the First Amendment, thus the denial of the "Slants" mark was affirmed. The court found the disparagement requirement to be unconstitutional under the First Amendment, thus the denial of the "Slants" mark was vacated. The court found the disparagement requirement did not violate the First Amendment, but refused to comment on whether or not the "Slants" mark was disparaging.

The court found the disparagement requirement to be unconstitutional under the First Amendment, thus the denial of the "Slants" mark was vacated.

Which of the following is not a basic principle developed by the Berne Convention of 1886 that protects artistic rights? The multinational corporations are covered by their home countries laws. The national treatment principle requires that each member nation protect artists of all signatory nations equally. The nonconditional protection principle requires that protection not be conditioned on the use of formalities. The protection independent of protection in the country of origin principle allows nationals of nonsignatory countries to protect works if they are created in a member country. The common rules principle establishes minimum standards for granting copyrights that all nations must meet.

The multinational corporations are covered by their home countries laws.

If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect? The plaintiff can prevail as long as the plaintiff successfully showed causation and damages, even if the plaintiff did not prove breach of duty. The plaintiff can prevail if the court believes the defendant should be punished for his conduct, even though a plaintiff could not establish all four elements of a negligence claim. The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof. The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case. The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.

The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.

What must Yvonne prove to succeed in a strict-liability action? The product was defective when sold, the product was unreasonably dangerous, and the product caused her injury. The product was unreasonably dangerous and caused her injury. The product was defective, unreasonably dangerous, and caused her injury. The product was defective, failed to contain warnings, was unreasonably dangerous, and caused her injury. The defendant's negligence caused her injury.

The product was defective when sold, the product was unreasonably dangerous, and the product caused her injury.

Which of the following is not a criterion that must be satisfied before a patent can be granted? The subject of the patent must be patentable. The subject of the patent must be fixed. The object of the patent must be useful. The object of the patent must be novel. The object of the patent must be nonobvious.

The subject of the patent must be fixed.

Why do start-up companies often have difficulty obtaining product liability insurance? They do not receive government approval for securing insurance. They cannot apply any of the defenses to negligence until they are five years old. They are more prone to producing defective products. They often cannot meet the standards set by insurance companies.

They often cannot meet the standards set by insurance companies.

Can Alessia sue only ColorCo, the largest lead paint manufacturer who manufactured the type of paint in her home, even though there are other paint manufacturers who produced an identical defective product? No, she must sue all manufacturers of lead paint. No, she must sue all manufacturers who may have produced the paint in her home. Yes, at least one court has held the plaintiff need sue only one maker of the allegedly defective product and the defendant may join other defendants to the suit. Yes, because the defendant was probably the one who sold the paint. Yes, only if she can prove the defendant sold lead paint in her area.

Yes, at least one court has held the plaintiff need sue only one maker of the allegedly defective product and the defendant may join other defendants to the suit.

In negligence-based product liability actions, statutes of limitations provide a set time within which civil actions may be brought. types of damages that a plaintiff can receive. the right to appeal to higher courts. jurisdiction for a state court to decide a matter.

a set time within which civil actions may be brought.

The defendant must prove that the plaintiff voluntarily and unreasonably encountered the threat of the actual harm the defendant caused under the _______ defense. Good Samaritan contributory negligence assumption of the risk strict liability

assumption of the risk

In a cause of action for negligence, the plaintiff must establish the defendant owed a duty of care to the plaintiff. Next, the plaintiff must show that the defendant _______. breached that duty of care. intended to the act that caused the plaintiff injury. was in an emergency situation. was incapable of the act which caused the plaintiff injury.

breached that duty of care.

The Fair Use Doctrine allows for a portion of a copyrighted work to be reproduced for purposes of _______. any unlimited reason news reporting only research only reproduction that will produce profits criticism, comment, news reporting, teaching, scholarship, and research

criticism, comment, news reporting, teaching, scholarship, and research

To establish proximate cause in a negligence claim, it is necessary to prove that the damages or losses suffered by a plaintiff were above $75,000. plaintiff would have suffered losses even if the defendant had fulfilled his or her duty of care. defendant's actions were intended to cause injury to the plaintiff. defendant could reasonably foresee that his or her actions would cause the harm that the plaintiff suffered.

defendant could reasonably foresee that his or her actions would cause the harm that the plaintiff suffered.

The gas tank of a car is placed toward the rear of the vehicle. In rear crashes, the gas tank causes the car to explode usually causing its occupants to be severely injured or die. This type of defect is referred to as a _______. warranty defect. engineering defect. particular purpose defect. design defect.

design defect.

Sandra regularly took a particular drug for her acute migraines. After a few years, it was discovered that she had severe liver damage due to overuse of the drug. Sandra claimed that the labeling on the drug did not mention any such complications though the manufacturer was aware of it. Thus, in this scenario Sandra can hold the owners of the business liable on the account of design defect. failure-to-warn. manufacturing defect. breach of warranty.

failure-to-warn.

Following the case of MacPherson v. Buick Motor Company, any _______ plaintiff can sue a manufacturer for its breach of duty of care. contracting adult unforeseeable foreseeable believable

foreseeable

If Alice buys a ladder to use to paint her house and the ladder buckles in the middle and is unable to support the weight as advertised, Alice may have a cause of action based on the theory of the _______. express warranty of merchantability express warranty of fitness for a particular purpose implied disclaimer of fitness for a particular purpose implied warranty of merchantability

implied warranty of merchantability

The doctrines of res ipsa loquitur and negligence per se have been adopted by courts to primarily aid the _______ in negligence suits. defendant jury plaintiff state

plaintiff

In situations where a defendant is proved to have committed gross negligence, _______ damages may be awarded to the plaintiff which are not typically awarded in negligence cases. nominal compensatory foreseeable punitive

punitive

When the court focuses on the usefulness and safety of design and compares it to alternative designs, it is known as the _______ test. risk-utility product usefulness warranty assumption of risk

risk-utility

Ian, a door-to-door salesman, filed a negligence case against Mark. While ringing the doorbell on Mark's front porch, he was bitten by a venomous snake that Mark kept as a pet. Ian had no previous warning of the snake being loose. In this scenario, Ian is most likely to have filed for damages under intentional tort. strict liability. negligence per se. last-clear-chance doctrine.

strict liability.

When a defendant in a negligence suit avoids liability due to an unforeseen event that interrupts the causal connection between the defendant's breach of duty and the damages the plaintiff suffered, this is known as a(n) _______. assumption of the risk contributory negligence comparative negligence superseding cause good Samaritan cause

superseding cause

The primary way that the Universal Copyright Convention (UCC) of 1952, as revised in 1971, is different from the Berne Convention is that _______. the UCC allows members to establish formalities for protection and make exceptions to common rules as long as they are not inconsistent with the essence of the treaty the U.S. and China do not support the UCC the U.S. and Russia do not support the UCC the UCC requires that every nation in the United Nations support the treaty the UCC overrules major portions of the Berne Convention

the UCC allows members to establish formalities for protection and make exceptions to common rules as long as they are not inconsistent with the essence of the treaty

To succeed in a strict-liability action, the plaintiff must prove that he or she is the owner of the product. the product was directly purchased from the manufacturer. the product was defective when sold. he or she used the product for the first time.

the product was defective when sold.