business law exam 2
Lesser crimes blank are punishable by a fine I'm president for up to one year and other than a state or federal penitentiary
Misdemeanors
Which of the following is usually an acceptable defense to criminal liability
Necessity, justifiable use of force, insanity, entrapment, duress
In a street product liability lawsuit, who has the show why or in what manner the product became defective
No one
Hunter installs a large glass door in his house, and then runs into it, breaking his nose. Dr. sues the manufacture, because he was not worried about the possibility of such injury. We're going to prevail in his lawsuit.
No, because everyone knows that people may run into glass doors, therefore, the manufacture does not have to provide such a warning
Cooktop Inc. manufactures cooktops on which Juárez burns his finger. Has cooktop Inc. unreasonably violated standard duty of care?
No, because stoves get home and some people get burn when they are careless
To be patentable, and invention, discovery, process, or design must be
Novel, useful, and not obvious
And criminal law blank are the least serious kinds of criminal offenses, such as traffic or building code violations
Petty offenses; violations
Sal is arrested on suspicion of armed robbery. His lawyer, and he engage in blank with the prosecuting attorney, so that Sal can be granted immunity from prosecution for that serious crime.
Plea-bargaining
Halo Genex, Inc. manufactures a medical device that is heavily regulated by the government and asked to undergo a rigorous premarket approval process. Haylie Genex can use the following defense if it is sued.
Preemption
Invasion of privacy
Publishing or otherwise, making known, or using information relating to a persons, private life and affairs, with which the public has no legitimate concern, without that person's permission or approval
Acme Cole was using dynamite to blast rocket setting quarry. They exercised, all reasonable care, but Thomas still injured by a piece of debris. Acme can be held strictly liable for Tom's injury.
True
Can you trade name may be protected on a trademark law and may be registered with the federal government so long as it is also used as a trademark or service Mark
True
Corporations are normally liable for the crimes committed by their agents in employees within the course and scope of their employment
True
Criminals engage in money laundering because they wish to conceal the identity, source, and destination of illegally gained funds.
True
Generally, for a criminal add to have occurred, a person must have committed the guilty act and had a wrongful mental state
True
Generally, you can use the amount of non-deadly force, necessary to protect yourself, your dwelling, or other property, and avoid criminal liability
True
If a defective product injures, a bystander, the bystander can see the manufacturer for strict liability
True
If a defendant, can succeed in convincing the court, that a plaintiff's injury resulting from a commonly known danger, the defendant normally will not be liable
True
Individuals who frequently by and concern, supersize portions of food, will not succeed in lawsuit against the manufacture, if they become overweight
True
Many of the more than 4000 federal criminal offenses do not require a specifically wrongful mental state
True
Many states have also enacted laws that punish behavior criminally without the need to show criminal intent
True
The doctrine of a strict product liability applies to suppliers of component parts
True
Without establishing cars, in fact, a plaintive cannot succeed on a claim, even if she proves injury
True
in strict product liability lawsuit, the product must be in a defective condition when the defendant sells it
True
Because many products cannot be made 100% safe for all users, sellers are only liable for products that are
Unreasonably dangerous
Which of the following questions does a court as to determine whether the requirement of causation is met?
Was there a causation? In fact, was there a proximate cause?
Morabido mails, registered letters sends emails and places ads in local newspapers where it sold a defective weed killer. Huntington knows of the recall but ignores it, applies the weed killer to his crops, suffers damages, and sues. Which defense can Morabido use at trial
assumption of risk
Punitive Damages
awarded in tort cases to punish the wrongdoer, and to deter others from similar wrongdoing
A person who engages in unexcused and harmful or offensive physical contact against someone else has committed
battery
Unauthorized entry with evil intent
burglary
A color scheme can never qualify for trademark protection
false
And attorneys contact is judged by the reasonable person standard
false
Because an intentional tort requires intent, a harmful motive is required
false
In a product, liability, action, a contractual relationship between the manufacture in the injured plaintiff must exist before the plaintive can see the manufacturer in court
false
The reasonable person standard concerns itself without a particular person would act and not with her an ordinary prudent person should act
false
When they manufacture are use that is engaged and reasonable quality control efforts, that argument will act as a sufficient defense in a straight product liability lawsuit
false
Where in the defense of comparative negligence is successful at trial, it completely observes that offending of liability
farce
Works created have automatic protection for the life of the creator +7 years
for a publishing house 95 years from publication of 120 years from creation, which ever is first
On her local television station in Jessica ion, advertise a magic cream, that corrects baldness, even though she knows that the cream is just hand lotion. She may be tried.
for the federal crime of wire fraud
criminal law verdict
guilty or not guilty
General damages
intended to compensate individuals, but not companies for the non-monetary aspect of the harm suffered from a tort such as pain and suffering
Special damages
intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses
A homicide is classified as blank when it results from an act of criminal negligence, and there is no intent to kill
involuntary manslaughter
Assumption of the risk
is a viable defense in a product liability action
Criminal Negligence
liability that can occur when a person's careless and inattentive actions cause harm
civil law verdict
liable or not liable
steps toward tour reform in the federal government, and a number of states include all of the following
limiting the amount of both positive damages in general damages that can be awarded, capping the amount that attorneys can collect in contingency fees, requiring the losing party to pay both the plaintiffs and defendants expenses
The two public policy reasons from the following list for the application of strict liability and product liability cases
manufactures can better bear the cause of injury and manufactures Chabert, the cost of injury as an operating expense, since it is profiting from his activities
Enlighten, a wrongful mental state is known as
mens rea
Which one of the following crimes has no statute of limitations
murder
When risk are blank owners need not one of them
obvious
Protect, tangible things, or processes
patents
Under the blank doctrine a court may impose criminal liability on a corporate officer who knew about the given criminal violation.
responsible corporate officer
Occurs when courts look at the risk of harm from a product as design compared to the utility to the user into the public
risk utility analysis
Taking someone else's property with violence or threat
robbery
Key difference between larceny and robbery is that
robbery involves force or fear of force; larceny does not.
Privity of contract refers to
the relationship that exists between the parties to a contract
An intervening event that acts as a superseding overriding Cosme relieve the defendant of liability for injuries, caused by the intervening event
to rw
A person who commits a tour is known as a
tortfeasor
The distinctive color, furniture, labels, logos, an employee uniforms that might be used by a company or known as it's
trade dress
Can include customer list, plans, research, formulas, pricing, information, marketing techniques, basically anything that pertains to how you conduct your business
trade secrets
A mistake of fact, as opposed to a mistake of law, can often excuse criminal liability if the mistake negates the mental state necessary to commit the crime.
true
Which of the following are too broad classifications of torts
unintentional torts and intentional torts
In which of the following situations would strict liability apply
A person keeps a tiger as a pet, which bites a guest in the persons home, and a company who transports, hailee fraom, Mall gases by exercises, reasonable care at all times
Which person can be a judge, criminally reckless
A person who consciously disregard a substantial and unjustifiable risk
A patent for invention last for blank years
20
Defamation ;liable or slander
A false statement of fact, not made under privilege, that is communicated to a third person, and that causes damage to persons reputation. For public figures, the plaintive must also prove that the statement was made with actual malice.
Joe is much stronger than Jack, and stares at him in a menacingly. One day she tells Jackie that she is going to be him if she ever sees him again. Several hours later, she sees Jack coming out of his house and proceeds to punch him in the face. Jackie will probably bring a lawsuit against Jill.
For assault and battery, because there was full of a threat and they harmful action
A land owner has a duty to discover and remove any blank dangerous to customers
Hidden
Crime, such as are saying, murder, rape, or robbery that carry the most severe sanctions are known as
Felonies
Which of the following are slander per se
A statement that another has a loathsome disease, such as sexually transmitted, disease, or mental illness, a statement that another has committed in properties, while engaging in business, profession, or trade, a statement that another has committed, or has been in prison for a serious crime
Contributory Negligence
A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.
Comparative Negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
Which of the following is an element of the tour of wrongful interference with a contractual relationship?
A valid, enforceable contract must exist between two parties, a third-party must be aware that the contract exist, a third-party must intentionally cause one of the parties to break the contract
when you commit a guilty act, it is known as
Actus reus
To successfully assert a designer fact, a plaintive hast to show that I reasonable blank design was available, and that the defendants failure to blank alternative design rendered the product blank
Alternative, adopt, not reasonably safe
Which of the following are an element of fraudulent misrepresentation?
And intent to induce another, to rely on my misrepresentation, justifiable reliance by the deceive party, damage suffered as a result of the reliance
The doctrine of strict product liability applies to which of the following
Assemblers, packages, bottlers, manufactures, processors, wholesalers, retailers, distributors
Which tour provided bases for a criminal prosecution as well as for a tort action
Battery
Why can't you see the manufacture when a sharp knife cut you?
Because there is a commonly known danger of cutting on self when using a knife
Those who enter retail premises are called
Business invitees
Registration does not create the blank. What helps you protect the blank
Copyright, copyright
Intellectual property infringement
Damages (compensatory, consequential, profits) Seizure/ Destruction of offending goods, Injunctions ,Criminal liability
An individual who has been the subject of a crime can prosecute the alleged criminal
False
Because a corporation is a legal entity, and not a human being, they can never be corporate criminal liability
False
Infringement of a trademark requires intent to infringe, as well as federal registration
False
You accidentally bumped into someone on the sidewalk, and that person falls, but his unharmed. Nonetheless, that person usually can successfully sue you for damages.
False
The basic purpose of tort law is to punish criminal wrongdoers.
False. The basic purpose of tort law is to provide civil remedies for the invasion of protected interests. Tort law creates a legal cause of action when a legal right is breached by the wrongdoing of another.
Compensatory Damages
Intended to compensate or reimburse a plaintive for actual losses
When are user or customer is injured because of fraudulent misrepresentation, the seller must have
Intended to induce the bars, reliance on the misrepresentation
A Mark may be registered as a trademark with the federal government if it needs one of two criteria
Is it currently is being used in commerce and if it is intended to be used in commerce within six months
Joe cannot recover for the intentional infliction of emotional distress. If his neighbor, my, sent him a text message, saying that jodi's mother was killed in a car accident if.
Joe knew it was untrue
The most important, statutory protection, for trademark is the
Lanham act
Olivia typically takes off her diamond ring while she works and put it back on when she leaves. One lunch break she leaves it on her desk. Jenna, a coworker takes a ring and does not return it. Jenna has probably come into the crime of blank.
Larceny
Taking someone else's property with no violence or threat
Larceny
Patent infringement is a blank. It is committed 11 uses, makes, or blanks, another's panted, design, product or process without blank. This is true, even if the patented product is not yet put into blank.
Tort, sells, permission, commerce
Criminal negligence can occur when a defendant was not aware of the risk, but
Should have been aware of it
Marketshare liability is a
Siri used to divide damages among multiple distributors of a harmful product
And product liability seats statutes of limitations normally are set by
State law
Often allow for unlimited liability for manufactures of defective product, no matter how far in the past
Statutes of limitation
One good defense against streach product liability is that
The girls were all tired after they were sold
Business processes, or information, which cannot, or should not be patented, copyrighted, or trademark
Trade secrets
A physical attack can be a tour, a crime, or both
True
A trademark is a distinctive Mark, or Motto, that a manufacturer stamps, prints, otherwise affixes to its own goods
True
Civil law
The person who suffered harm(plaintiff), causing harm to a person or to a persons property, preponderance of the evidence, damages to compensate for the harm, or a decree to achieve an equitable result
Criminal law
The state (government; prosecutor), violating a statute that prohibits some type of activity, beyond a reasonable doubt, punishment(fine, imprisonment, or death)
Battery
an unexcused an harmful or offensive physical contact, intentionally performed
Each of the following is an example of manufacturing defect
and physically, flawed, product, and incorrectly assembled product, non-conformity with design specifications
Assault
any intentional and unexcused threat of immediate harmful or offensive contact
Intangible property, right granted by the federal government to the creator of a literary, artistic, newsworthy or academic work (life of the author +70 years)
copyrights
Which of the following are elements of negligence?
duty, breach, causation, and damages
there is no blank to one about race that are commonly known. A seller must warn those who purchases Friday serves the harm that can result from the blank. Miss use of the product. Court supply a blank test to determine if the warnings adequately alert consumers to the products risk.
duty, foreseeable, reasonableness