BUSINESS LAW C713- General questions & need to knows

The doctrine of promissory estoppel is invoked in the interests of justice when three conditions are met:

(1) the promise is one that the promisor should reasonably expect to induce the promisee to take action or forbear from taking action of a definite and substantial character; (2) the action or forbearance is taken; and (3) injustice can be avoided only by enforcing the promise.

WHAT ARE THE DIFFERENT SOURCES OF LAW IN THE US LEGAL SYSTEM?

1) BOTH STATE AND FEDERAL CONSTITUTIONS, (2) STATUTES AND AGENCY REGULATIONS, AND (3) JUDICIAL DECISIONS

STEPS IN OBTAINING A PATENT

1) DETERMINE THE TYPE OF INTELLECTUAL PROPERTY PROTECTION THAT YOU NEED. 2) DETERMINE IF YOUR INVENTION IS PATENTABLE. 3) WHAT KIND OF PATENT DO YOU NEED? 4) GET READY TO APPLY 5) PREPARE AND SUBMIT YOUR INITIAL APPLICATION. 6) WORK WITH YOUR EXAMINER 7) RECEIVE YOUR APPROVAL 8) MAINTAIN YOUR PATENT

WHAT ARE THE FOUR ELEMENTS OF NEGLIGENCE?

1) DUTY OF DUE CARE THAT THE DEFENDANT HAD, 2) THE BREACH OF THE DUTY OF DUE CARE, 3) CONNECTION BETWEEN CAUSE AND INJURY, AND 4) ACTUAL DAMAGE OR LOSS. - DUTY + BREACH+ CAUSATION+ DAMAGES = NEGLIGENCE

WHAT ARE THE DEFENSES TO INFRINGEMENT

1) FAIR USE 2) NOMINATIVE FAIR USE 3) COMPARATIVE ADVERTISING 4) DESCRIPTIVE FAIR USE 5) FREE SPEECH

IN A NATION, THE LAW SERVES TO DO WHAT?

1) KEEP THE PEACE, 2) MAINTAIN THE STATUS QUO, 3) PRESERVE INDIVIDUAL RIGHTS, 4) PROTECT MINORITIES AGAINT MINORITIES, 5) PROMOTE SOCAL JUSTICE, AND 6) PROVIDE FOR ORDERLY SOCIAL CHANGE.

WHAT ARE THE ELEMENTS OF INFRINGEMENT?

1) STRENGTH OF A TRADEMARK 2) PROXIMITY OF THE GOODS OR SERVICE 3) SIMILARITY OF THE MARKETING CHANNELS 4) EVIDENCE OF ACTUAL CONFUSION 5) DEGREE OF CARE FROM PURCHASERS 6) INTENT OF THE DEFENDANT 7) LIKELIHOOD OF EXPANSION IN PRODUCT LINES

WHAT ARE THE 4 INTERESTS ASSOCIATED WITH A PERSON'S RIGHT TO PRIVACY?

1) THE RIGHT TO CONTROL THE APPROPRIATION OF YOUR NAME AND PICTURE FOR COMMERCIAL PURPOSES 2) THE RIGHT TO BE FREE OF INTRUSION ON YOU "PERSONAL SPACE" OR SECLUSION 3) FREEDOM FROM PUBLIC DISCLOSURE OF EMBARRASSING AND INTIMATE FACTS OF YOUR PERSONAL LIFE 4) THE RIGHT NOT TO BE PRESENTED IN A "FALSE LIGHT"

ATTRACTIVE NUISANCE

A DANGEROUS CONDITION WHICH IS LIKELY TO ATTRACT CHILDREN ON SOMEONE'S PROPERTY. THIS CAN APPLY TO POOLS, ABANDONED CARS, REFRIGERATORS LEFT OUT FOR COLLECTION, TRAMPOLINES, PILES OF SAND OR LUBER, OR ANYTHING ELSE THAT MIGHT POSE A DANGER TO CHILDREN THAT THEY CANNOT UNDERSTAND OR APPRECIATE.

WHAT IS A TORT? AN OFFENSE AGAINST THE STATE A BREACH OF CONTRACT A PRIVATE WRONG A CRIME

A PRIVATE WRONG

TO DETERMINE NEGLIGENCE, THE COURT COMPARES THE CONDUCT OF THE DEFENDANT WITH THE CONDUCT OF

A REASONABLE PERSON

Which of the following could be considered a trade secret? The appearance of a retail store A product name A distinctive website logo A chemical formula

A chemical formula

WHICH TYPE OF LAW IS USED WHEN THE FEDERAL COMMUNICATIONS COMMISSION PUBLISHES A REGULATION ON CIGARETTE ADVERTISING ON TELEVISION

ADMINISTRATIVE LAW

WHICH, IF ANY, OF THE FOLLOWING AREAS ARE STATES' POLICE POWER PERMITTED TO REGULATE? LOCAL ZONING LAWS USE OF TOXIC CHEMICALS IN THE WORKPLACE SAFE FOOD HANDLING GUIDELINES IN RESTAURANTS AND CAFETERIAS ALL OF THE ABOVE

ALL OF THE ABOVE

WHAT ARE THE CATEGORIES OF STRICT LIABILITY

ANIMALS, ULTRA HAZARDOUS OR ABNORMALLY DANGEROUS ACTIVITIES, AND PRODUCTS LIABILITY

COMPANY A AND COMPANY B AGREE TO THE USE OF AN INDEPENDENT THIRD PARTY TO RESOLVE A CONTRACT DISPUTE. THE THIRD PARTY DECIDES IN THE FAVOR OF COMPANY B. WHICH TYPE OF ALTERNATIVE DISPUTE RESOLUTION IS THIS AN EXAMPLE OF?

ARBITRATION

WHEN GOING THROUGH THE ______ PROCESS, YOU GIVE UP YOUR RIGHT TO THE DISCOVERY PROCESS.

ARBITRATION

WHICH OF THE FOLLOWING IS A DEFENSE TO PRODUCT LIABILITY? JUSTIFIABLE IGNORANCE OF THE FACTS BONA FIDE OCCUPATIONAL QUALIFICATIONS ASSUMPTION OF RISK SELF-DEFENSE

ASSUMPTION OF RISK- OCCURS WHEN A PERSON ENTERS VOLUNTARILY INTO A SITUATION KNOWING THAT IT COULD BE DANGEROUS.

A HOCKEY TEAM IS BEING SUED BY A SPECTATOR WHO HAS BEEN INJURED BY A PUCK HIT INTO THE STANDS THE TEAM MAY CLAIM ______ AS A DEFENSE. ASSUMPTION OF THE RISK SUPERVENING CAUSE ATTRACTIVE NUISANCE DOCTRINE REASONABLE CARE

ASSUMPTION OF THE RISK

WHAT DOCTRINE PROTECTS CHILDREN WHO TRESPASS ON ANOTHER'S PROPERTY DUE TO THE PRESENCE OF SOMETHING SUCH AS AN UNFENCED SWIMMING POOL.

ATTRACTIVE NUISANCE

DURING SCHOOL LUNCH, PETE DECIDED TO PULL ANOTHER PRANK. AS KATHY WAS ATTEMPTING TO SIT DOWN WITH A TRAY OF FOOD, PETE PULLED KATHY'S CHAIR FROM BENATH HER. KATHY FELL TO THE FLOOR. WHICH TORT IS MOST APPLICABLE UNDER THESE FACTS? BATTERY ASSAULT INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

BATTERY

GINGER, DAN AND BOB ARE IN BUSINESS TOGETHER IN THE UNITED STATES MAKING TOYS. BOB INVENTS A NEW TYPE OF TOY AND BOTH DAD AND BOB FILE FOR A PATENT WITHIN 12 MONTHS, BUT DAN IS THE FIRST TO FILE THE PATENT. BOB USES DAN FOR PATENT INFRINGEMENT. LEGALLY, WHO HOLDS THE PATENT RIGHTS TO THE TOY? GINGER, DAN AND BOB, BECAUSE THEY HAVE EQUAL PATENT RIGHTS BOB, BECAUSE HE INVENTED THE TOY DAN, BECAUSE HE WAS THE FIRST TO FILE THE PATENT BOB AND DAN, BECAUSE THEY WOULD HAVE JOINT PATENT RIGHTS

BOB, BECAUSE HE INVENTED THE TOY

WHICH KID OF LAW IS BASED ON THE CUSTOMS OF A GROUP?

COMMON LAW

WHICH KIND OF LAW IS MADE WHEN AN APPELLATE COURT ENDORSES A RULE TO BE USED IN DECIDING COURT CASES?

COMMON LAW

WHICH SOURCE OF LAW GOVERNS TORTS SUCH AS FALSE IMPRISONMENT, ASSAULT, AND TRESPASSING?

COMMON LAW

COMMON DEFENSES OF TRADEMARK INFRINGEMENT INCLUDE FAIR USE, FREE SPEECH, AND ______. IGNORANCE OF THE LAW COMPETITIVE ADVERTISING NO ILL INTENT COMPARATIVE ADVERTISING

COMPARATIVE ADVERTISING

MONEY GIVEN TO VICTIMS THAT CAN INCLUDE A REPLACEMENT OF PROPERTY, LOST WAGES, AND MEDICAL EXPENSES IS CALLED ___. PUNITIVE DAMAGES COMPENSATORY DAMAGES

COMPENSATORY DAMAGES

PRIMARY SOURCES OF LAW IN THE UNITED STATES INCLUDE WHAT?

CONSTITUTIONAL LAW, STATUTORY LAW, COMMON LAW AND ADMINISTRATIVE LAW

WHAT ARE THE TWO FUNDAMENTAL CONCEPTS CONSIDERED THE TWIN CORNERSTONES OF BUSINESS RELATIONSHIPS

CONTRACT AND TORT

THE INTENTIONAL COMMISSION OF AN ACT THAT A REASONABLE PERSON KNOWS WOULD CAUSE INJURY TO ANOTHER IS KNOWN AS

CULPABLE NEGLIGENCE

TAYLOR DECIDES TO SHOOT A RUBBER BAND AT HIS FRIEND MARTIN. THE RUBBER BAND MISSES MARTIN, BUT GOES ON TO HIT DANIELLE IN THE EYE, INJURING HER. THIS IS AN EXAMPLE OF _______.

DOCTRINE OF TRANSFERRED INTENT.

Which clause in the Constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents? EQUAL PROTECTION ESTABLISHMENT DUE PROCESS PRIVILEGES AND IMMUNITIES

EQUAL PROTECTION

TRUE OR FALSE: IN A WORK PARKING GARAGE, A RECENTLY TERMINATED EMPLOYEE APPROACHES HIS BOSS AND VERBALLY MOCKS HIM. THE BOSS PUNCHES THE EMPLOYEE IN THE FACE, KNOCKING HIM OUT. LATER, THE EMPLOYEE SUES THE BOSS FOR ASSAULT. THE BOSS CLAIMS IT WAS SELF-DEFENSE AS HIS LIFE WAS THREATENED BY THE EMPLOYEE. THE BOSS'S DEFENSE IS VALID?

FALSE, THE BOSS WAS NOT IN IMMINENT DANGER AND HIS ACTION OF PUNCHING THE EMPLOYEE WAS NOT RESPONSIBLE.

TRUE OR FALSE: ONLY CRIMINAL CASES CAN BE SETTLED THROUGH LITIGATION?

FALSE: BOTH CIVIL AND CRIMINAL CASES CAN BE SETTLED THROUGH LITIGATION

TRUE OR FALSE: ONCE A BILL IS INTRODUCED IN THE SENATE OR HOUSE, IT IS REVIEWED AND PUT ON THE CALENDAR FOR A VOTE?

FALSE: ONCE A BILL IS INTRODUCED IN THE SENATE OR HOUSE, IT IS ASSIGNED TO THE APPROPRIATE COMMITTEE, REVIEWED, AND THEN PUT ON THE CALENDAR FOR A VOTE.

TRUE OR FALSE: IF A BILL PASSES THE HOUE OF ORIGINATION ( HOUSE OR SENATE), IT GOES TO THE CONGRESS FOR A FULL VOTE.

FALSE: ONCE A BILL PASSES THE HOUSE OF ORIGINATION (HOUSE AND SENATE), IT THEN GOES TO THE JOINT COMMITTEE, WHICH CONSISTS OF BOTH HOUSE AND SENATE MEMBERS FOR FINAL COMPLETION.

MAXIMUS UNKNOWINGLY CUT JACK'S GRASS ON LAND THAT BELONGED TO JACK. JACK TOOK HIM TO COURT FOR TRESPASSING. THE DIMENSION OF THE TORT THAT APPLIES TO THIS ACTION IS _______? FAULT NATURE OF INJURY

FAULT

UNDER CONSTITUTIONAL LAW, WHAT AMENDMENT PROVIDES FUNDAMENTAL GUARANTEES IN CASES REGARDING LIFE, LIBERTY OR PROPERTY OF THE U.S. CITIZENS?

FOURTEENTH - THE FOURTEENTH AMENDMENT COMMANDS THAT NO STATE SHALL MAKE OR ENFORCE LAWS THAT DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OF LAW.

WHAT ARE THE FOUR FACTORS THAT COURTS MAY CONSIDER IN DETERMINING WHETHER OR NOT THE USE IS FAIR?

First, the court must consider the purpose and character of the use. Is it for educational purpose or for making a profit? Second, the court must consider the nature of the copyrighted work. Is the work part of the "core" of the intended protection that copyright provides? Third, the court must consider the amount and substantiality of the portion used. This is an important factor—it is one thing for your professor to copy an excerpt from a journal or book for distribution in class (probably fair) and another to copy the entire journal or book (probably infringing). Finally, the court must consider the effect of the use on the potential market for the copyrighted work. If the use is considered fair, what would it do to the market for the copyrighted work? For example, if copying an entire textbook is fair, it would probably eliminate the market for new textbooks.

WHAT ARE THE TWO ELEMENTS OF CONSIDERATION?

IF THE PROMISEE HAS INCURRED A LEAGAL DETRIMENT AND IF THE LEGAL DETRIMENT WAS BARGAINED FOR: DID THE PROMISOR SPECIFICALLY INTEND THE ACT, FORBEARANCE, OR PROMISE IN RETURN FOR HIS PROMISE.

AFTER SERVING 10YEARS IN PRISON, DAVID WAS RELEASED ON GROUDS OF FALSE IMPRISONMENT. DAVIDS SITUATION REPRESENTS AN EXAMPLE OF WHICH TYPE OF TORT? NEGLIGENCE INTENTIONAL CONVERSION STRICT LIABILITY

INTENTIONAL

WHAT IS IIED?

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

BASED ON THE SCENARIO, WHICH TYPE OF LANDOWNER LIABILITY DID HEATHER HAVE TO BOB? HEATHER HIRES BOB TO FIX THE TILE IN HER BATHROOM. THE TILE HAS BEEN FALLING OFF IN BIG CHUNKS, BUT SHE HAD NOT YET TOLD BOB THAT. WHEN BOB ENTERS THE BATHROOM, HE IS HIT ON THE HEAD BY FALLING TILE. HEATHER IS FOUND LIABLE, THIS IS AND EXAMPLE OF ____. INVITEE TRESPASSER LICENSEE

INVITEE

Oil Inc. drilled an oil well on property it owned in a residential neighborhood in South Beach. Bill lived next door. Although the company followed standard operating procedures and obeyed all relevant regulations, the oil well "blew," spraying mud and oil on Bill's property. What best describes the company's liability to Bill? It should not be held liable because it exercised due care. It should be held strictly liable for engaging in an abnormally dangerous activity. It should not be held liable because Bill came to the nuisance. It should be held liable on res ipsa loquitur grounds.

It should be held strictly liable for engaging in an abnormally dangerous activity.

COPYRIGHTS ARE PROTECTED BY THE COPYRIGHT ACT, PATENTS ARE PROTECTED BY THE PATENT ACT, AND TRADEMARKS ARE PROTECTED BY THE ___________. COMMERCE ACT PATRIOT ACT UNIFORM TRADE SECRETS ACT LANHAM ACT

LANHAM ACT

WHAT ARE THE 3 CATEGORY PRODUCT DEFECTS

MANUFACTURING DEFECT, DESIGN DEFECT AND WARNING DEFECT

A HAIR STYLIST AND CLIENT DISAGREE OVER WHETHER THE STYLIST PROPERLY STYLED THE CLIENTS HAIR. A THIRD PARTY, WHO IS NEUTRAL IN THE DEBATE, WORKS WITH BOTH OF THEM IN ATTEMPT TO RESOLVE THEIR DISPUTE. WHICH FUNCTION DOES THE THIRD PARTY SERVE IN THIS SITUATION?

MEDIATOR

JACK IS A LANDSCAPER. HE TAKES PRIDE IN HIS WORK AND HAS WON MULTIPLE AWARDS FOR HIS IMMACULATE LAWN. AS A RESULT OF HIS GRASS GETTING CUT, JACK CLAIMS THAT HE IS EMOTIONALLY DISTRESSED BECAUSE OF MAXIMUS'S ACTIONS. THE DIMENSION OF TORT THAT APPLIES TO JACK'S CLAIM IS ____. FAULT NATURE OF INJURY

NATURE OF INJURY

For many years, the United States engaged in discussions with friendly nations as to the reciprocal use of ports and harbors. These discussions led to various multilateral agreements between the nations as to the configuration of oceangoing vessels and how they would be piloted. At the same time, concern over oil spills in Puget Sound led the state of Washington to impose fairly strict standards on oil tankers and requirements for the training of oil tanker pilots. In addition, Washington's state law imposed many other requirements that went above and beyond agreed-upon requirements in the international agreements negotiated by the federal government. Are the Washington state requirements preempted by federal law? YES OR NO

NO

For many years, the United States engaged in discussions with friendly nations as to the reciprocal use of ports and harbors. These discussions led to various multilateral agreements between the nations as to the configuration of oceangoing vessels and how they would be piloted. At the same time, concern over oil spills in Puget Sound led the state of Washington to impose fairly strict standards on oil tankers and requirements for the training of oil tanker pilots. In addition, Washington's state law imposed many other requirements that went above and beyond agreed-upon requirements in the international agreements negotiated by the federal government. Are the Washington state requirements preempted by federal law? YES OR NO?

NO

WHAT ARE EXAMPLES OF ADMINISTRATIVE AGENCIES?

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA), THE ENVIRONMENTAL PROTECTION AGENCY (EPA), AND THE FEDERAL TRADE COMMISSION (FTC), DEPARTMENT OF LABOR (DOL), SOCIAL SECURITY ADMINISTRATION (SSA) AND FEDERAL COMMUNICATIONS COMMISSION (FCC).

INTELLECTUAL PROPERTY LAW IS BROKEN DOWN TO 5 MAJOR GROUPS

PATENT LAW, TRADEMARKS, COPYRIGHT LAW, TRADE SECRET LAW, RIGHTS OF PUBLICITY LAW

A managed care company was found liable for denying valid claims for health insurance coverage. The company was ordered to pay compensatory damages to a group of plaintiffs. To "make an example" of the insurer, the court also ordered the insurer to pay an additional $10 million to deter other insurers from engaging in the same wrongful acts. The $10 million award is an example of economic damages

PUNITIVE DAMAGES

ADDITIONAL PAYMENT USED TO DETER OTHERS FROM SIMILAR CONDUCT IS CALLED ___. PUNITIVE DAMAGES COMPENSATORY DAMAGES

PUNITIVE DAMAGES

Patrick installed a new window shade. He used his brand-new Destinghouse cordless electric drill and followed the directions that came with the window shade. Unfortunately, Patrick struck a piece of metal in the ceiling, which caused the electric drill to bounce back and jerk out of his hand. Even though Patrick released the button that activated the drill, the drill did not stop, but fell on his arm and cut him badly. Federal safety regulations require that all electric drills stop when the activating buttons are released. The Destinghouse electric drill was designed to stop when its activating button was released, but Patrick's model did not conform to Destinghouse's specifications. Patrick seeks to sue Destinghouse for his injuries. Based on these facts, what is the best prediction? Patrick will likely recover damages from Destinghouse if he can prove that Destinghouse was negligent when it made this particular drill. Patrick will likely recover damages from Destinghouse because the electrical drill failed to conform to Destinghouse's specifications. Patrick will likely recover damages from Destinghouse because the electrical drill failed to conform to federal safety regulations. Patrick will likely recover damages from Destinghouse if he can prove that Destinghouse's lack of adequate warnings made the drill not reasonably safe.

Patrick will likely recover damages from Destinghouse because the electrical drill failed to conform to federal safety regulations.

Alice was injured after a tree limb fell on her. After successfully proving that the person who injured them in an accident was negligent, the judge rules that Alice is entitled to compensation for medical bills and lost wages. Which type of damages did Alice receive?

Pecuniary

Driving his sport- utility vehicle negligently, Winnie crashes into a streetlight. The streetlight falls, smashing through the roof of a house and injuring piglet badly. but for Winnie's negligence, Piglet would not have been injured. Regarding the injury, the crash is the _______

Proximate Cause

What is a work considered once copyright has expired? Minimized rights Fair use Creative Commons Public domain

Public Domain

Copyright is a bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale. What does a copyright give the creator the sole legal right to? Publish and sell the original work Represent or market the conventional ideas Promote or trade on the words Retain or transfer the application of the ideas

Publish and sell the original work

WHAT ARE THE THREE BASIC TYPES OF CONTRACTS?

REAL ESTATE: COMMON LAW SERVICES: COMMON LAW AND SALE OF GOODS: UCC (AS INTERPRETED BY THE COURTS).

WHAT IS A PRIMARY ADVANTAGE OF ALTERNATIVE DISPUTE RESOLUTION (ADR)?

SAVES TIME AND MONEY

WHAT ARE THE TWO DIFFERENT RULES IN OUR SOCIETY?

SOCIAL AND LAWS

WHICH KIND OF LAW IS ENACTED BY STATE OR FEDERAL LEGISLATURES?

STATUTORY LAW

A LEGAL THRORY THAT IMPOSES LIABILITY ON THOSE WHO ARE ENGAGED IN ULTRA HAZARDOUS ACTIVITY IS KNOWN AS ____. CONTRACTURAL LIABILITY GROSS NEGLIGENCE INTENTIONAL TORT STRICT LIABILITY

STRICT LIABILITY

What is a form of due process that holds that certain rights are so fundamental that the government may not eliminate them? Substantive due process Procedural due process Eminent domain Judicial restraint

SUBSTANTIVE DUE PROCESS

PAM UNWITTINGLY DROPPED HER CELL PHONE ONTO THE PUBLIC SIDEWALK. DAVID FOUND IT. SOON THEREAFTER, SHE SAW DAVID HOLDING THE CELL PHONE, WIHICH SHE RECOGNIZED BECAUSE OF SOME OF THE DISTINCTIVE STICKERS SHE HAD PLACED ON IT. SHE OFFERED PROOF OF HER OWNERSHIP AND DEMANDED THE CELL BACK. DAVID REFUSED, REPLYING "FINDERS KEEPERS!" PAM'S CONVERSION CLAIM AGAINST DAVID WILL ____. FAIL BECAUSE DAVID DID NOT HAVE TITLE TO THE PHONE. SUCCEED BECAUSE HE INTERFERED WITH HER OWNERSHIP F THE CELL PHONE WHEN HE PICKED IT UP AND RETURNED IT TO LOST AND FOUND. SUCCEED BECAUSE HE COMMITTED CONVERSION BY REFUSING TO RETURN THE CELL PHONE ON HER DEMAND FAIL BECAUSE HE DID NOT DIRECTLY TAKE AWAY THE CELL PHONE FROM PAM

SUCCEED BECAUSE HE COMMITTED CONVERSION BY REFUSING TO RETURN THE CELL PHONE ON HER DEMAND

WHICH COURTS MAIN FUNCTION IS TO BE THE FINAL ARBITER OF ALL FEDERAL LAWS CREATED BY CONGRESS?

SUPREME

What is a form of due process that holds that certain rights are so fundamental that the government may not eliminate them? Substantive due process Procedural due process Eminent domain Judicial restraint

Substantive due process

THE LEGAL SYSTEM IN THE UNITED STATES IS COMPRISED OF HOW MANY JURISDICTIONS?

THE LOCAL AND STATE LEVELS AND ONE FEDERAL

THE U.S. CONSTITUTION CREATED WHAT?

THE STRUCTURE OF OUR FEDERAL GOVERNMENT FORMING THE 3 BRANCHES

WHAT IS ONE OF THE MAIN PURPOSES OF CONTRACT LAW? TO ENSURE THAT PROMISE MADE AMONG PRIVATE PARTIES ARE ENFORCEABLE TO DISCOURAGE HARMS AGAINST SOCIETY TO ENSURE THAT ONE PARTY DOES NOT THREATEN ANOTHER TO DISCOURAGE MISUSE OF THE ENVIRONMENT

TO ENSURE THAT PROMISES MADE AMOUNG PRIVATE PARTIES ARE ENFORCEABLE

STUDYING THE LEGAL ENVIRONMENT OF BUSINESS HELPS US HOW?

TO UNDERSTAND HOW TO REDUCE LIABILITY RISKS, IDENTIFY LEGAL PROBLEMS THAT REQUIRE AN ATTORNEY'S ASSISTANCE, AND IDENTIFY THE LINKS BETWEEN BUSINESS AND THE LAW.

KATHY MISTAKENLY PARKED HER CAR IN THE DRIVEWAY OF HER NEIGHBOR, PETE. THE FOLLOWING MORNING, HE FOUND THAT HE COULDN OT PULL HIS CAR OUT OF HIS GARAGE AND INTO THE STREET. PETE KNOCKE ON KATHY'S DOOR FOR AN HOUR, BUT SHE NEVER ANSWERED. WHAT TORTUOUS ACTIVITY OCCURRED? FALSE IMPRISONMENT INVASION OF PRIVACY CONVERSION TRESPASS

TRESPASS

WHAT ARE THE TWO ASPECTS OF CIVIL LAWSUITS ARE COMMON TO ALL STATE COURTS?

TRIALS AND APPEALS

TRUE OR FALSE: A COMPANY SLOGAN IS AN EXAMPLE OF A TRADEMARK

TRUE

TRUE OR FALSE: AND SHERRY HIRED ABC CONTRACTORS TO BUILD THIER DREAM HOUSE. TWO WEEKS AFTER MOVING INTO THE HOME, THE KITCHEN FLOOR GIVES WAY. JASON AND SHERRY FALL THROUGH THE FLOOR INTO THE BASEMENT AND ARE INJURED. JASON AND SHERRY CAN SUE FOR NEGLIGENCE PER SA.

TRUE

TRUE OR FALSE: IN A CRIMINAL CASE, THE PROSECUTION MUST PROVE ALL ELEMENTS BEYOND A REASONABLE DOUBT TO CONVICT THE DEFENDANT.

TRUE

TRUE OR FALSE: RES IPSA LOQUITUR CAN BE APPLIED IN CASES OF NEGLIGENCE WHERE THE EVIDENCE OF CAUSATION IS INACCESSIBLE TO THE PLAINTIFF.

TRUE

TRUE OR FALSE: STATE AND LOCAL COURTS MUST HONOR BOTH FEDERAL LAW AND THE LAWS OF THE OTHER STATE?

TRUE

Strict product liability is imposed by law as a matter of public policy. On which assumption does the policy rest? That consumers should be protected from unsafe products. That plaintiffs' attorneys had sufficient basis for bringing claims against manufacturers. That manufacturers would be put out of business by forcing them to bear the risk of injuries. That defense lawyers need more work.

That consumers should be protected from unsafe products.

In order to determine a party's intent in a contract case, a court will apply which theory of contracts? The subjective theory of contracts The objective theory of contracts The consideration theory of contracts The alternate-party theory of contracts

The consideration theory of contracts

Which option would be eligible for protection under trademark law? Which option would be eligible for protection under trademark law? The product name "Inkjet Printers" A photo taken by a professional photographer The product name "Leather Shoez" (describing shoes that are not made of leather) The magenta color of T-Mobile

The magenta color of T-Mobile

Where does the burden of proof lie in a civil case? The plaintiff must produce a preponderance of evidence. The defendant must produce a preponderance of evidence. The defense must prove all elements beyond a reasonable doubt. The prosecution must prove all elements beyond a reasonable doubt.

The plaintiff must produce a preponderance of evidence.

A local vendor sells potato chips and is charged with violating a state law that states "no citizen may sell potato chips anywhere in the state." The federal government, however, has established the "Anti-Potato Sales Act," which prohibits the sale of potatoes in any form. Which action can the vendor take? The vendor must abide by the state law because that is the state from which they operate. The vendor may challenge the state law on the basis that the law discriminates against the vendor's business. The vendor may challenge the state law on the basis that it is preempted by federal law. The vendor must abide by the state law because the federal government does not have jurisdiction over the state government.

The vendor may challenge the state law on the basis that it is preempted by federal law.

A local vendor sells potato chips and is charged with violating a state law that states "no citizen may sell potato chips anywhere in the state." The federal government, however, has established the "Anti-Potato Sales Act," which prohibits the sale of potatoes in any form. Which action can the vendor take? The vendor must abide by the state law because that is the state from which they operate. The vendor may challenge the state law on the basis that the law discriminates against the vendor's business. The vendor may challenge the state law on the basis that it is preempted by federal law. The vendor must abide by the state law because the federal government does not have jurisdiction over the state government.

The vendor may challenge the state law on the basis that it is preempted by federal law.

A fair use includes copying a work for purposes of commentary, criticism, news reporting, teaching, or research. What is the purpose of fair use? To allow any amount of material to be copied. To allow a short excerpt to be copied that attributes to the author. To allow anything under 300 words to be copied. To allow material used for educational purposes to be copied.

To allow material used for educational purposes to be copied.

Improper misappropriation occurs when you obtain which protected item by using improper means? Trademark symbols Copyrighted works Patent designs Trade secrets

Trade Secrets

DENY A PERSON UNEMPLOYMENT BENEFITS WHEN THEY WERE TERMINATED FROM THEIR JOB BECAUSE OF THEIR RELIGIOUS BELIEFS PREVENTED THEM FROM WORKING ON THE SABBATH IS

UNCONSTITUTIONAL BECAUSE THE STATE DID NOT HAVE A COMPELLING INTEREST IN SUCH LEGISLATION

WHICH OF THE FOLLOWING IS THE ULTIMATE AUTHORITY IN INTERPRETING THE CONSTITUTION AS IT APPLIES TO BOTH FEDERAL AND STATE LAW?

UNITED STATES SUPREME COURT

WHICH OF THE FOLLOWING IS THE ULTIMATE AUTHORITY IN INTERPRETING THE CONSTITUTION AS IT APPLIES TO BOTH FEDERAL AND STATE LAW?

US SUPREME COURT

WHAT ARE THE THREE PATENTS

UTILITY, DESIGN, PLANT PATENT

In addition to phrases, symbols, and designs, which of the following can also be trademarked? Words Proposal Ideas Concepts

Words

SUSAN AND NATE HAVE BEEN KEEPING A LION IN THEIR BACKYARD. THEY FOUND IT AS AN ABANDONED CUB THAT HAD SOMEHOW ESCAPED FROM ITS CAGE AT A LOCAL ZOO. THE COUPLE DECIDED TO SNEAK THE LION HOME AND RAISE IT. SUSAN AND NATE WERE VERY CAREFUL TO KEEP THE LION WITHIN THEIR STRONG FENCE, BUT AS A FULL GROWN LION IT ESCAPES AND BITES A NEIGHBORHOOD CHILD. CAN SUSAN AND NATE BE SUED FOR STRICT LIABILITY?

YES, EVEN IF THEY WERE CAREFUL THEY ARE STILL LIABLE FOR THE INJURY. BECAUSE THE LION IS A WILD ANIMAL AND NOT DOMESTICATED, SUSAN AND NATE ARE LIABLE FOR WHATEVER DAMAGES IT CAUSES.

Copyright infringement occurs when someone uses a copyrighted work without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display, or perform the protected work, or to make derivative works. Copyright infringement may include unauthorized sales and/or ______ of a protected item. Royalties Fair Use delegation distribution

distribution

TRUE OR FALSE: STRICT LIABILITY IS USED ONLY IN PRODUCTS LIABILITY CASES?

false

How long can a trademark be protected under federal law? Twenty years Fourteen years Ten years Indefinitely

indefinetely

One reason for the legal protection of intellectual property is to promote ____. legacies monopolies commercialism innovation

innovation

WHAT ARE THE THREE KINDS OF TORTS?

intentional torts, negligent torts, and strict liability

If you are found to be strictly liable by a court, this means __________. your liability is based on the foreseeability of the harm your liability is based on your intent to harm someone you are liable for the harms you cause only if the other party was negligent you are liable for the harms you cause regardless of your fault

you are liable for the harms you cause regardless of your fault