Business Law Exam 2

Privity of contract between the plaintiff and the defendant is required to bring a product liability suit based on negligence. True False

b

Probable cause means: a.a person may have committed a crime. b.there is a substantial likelihood that the person has committed or is about to commit a crime. c.a person may be about to commit a crime. d.there is a possibility that the person has committed a crime.

b

When a user or consumer is injured as a result of a manufacturer's or seller's misrepresentation, the basis of the liability may be the tort of: a.fraud. b.negligence. c.strict liability. d.malpractice.

a

Pricing information cannot be a trade secret. True False

b

Which of the following is a defense to product liability? a.Assumption of risk b.Self-defense c.Bona fide occupational qualification d.Justifiable ignorance of the facts

a

The "Good Housekeeping Seal of Approval" on a product is an example of a: a.certification mark. b.strong mark. c.patent. d.license.

a

The Madrid Protocol concerns trademarks. True False

a

Which of the following is not a type of malware? a.A hacker b.Botnets c.A worm d.A virus

a

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products. True False

a

A formula for a chemical compound can be a trade secret. True False

a

A product liability action based on negligence does not require: a.privity of contract. b.breach of the duty of care. c.injury to the plaintiff. d.none of these choices.

a

A statute of repose may limit the time within which a plaintiff can file a product liability suit. True False

a

AAA Cola features Best Cola's trademark without its owner's permission. Cartel Company does not make or bottle AAA Cola, but distributes and sells it. Dian buys a bottle of AAA Cola. The mark has been used by: a.AAA. b.Best. c.Dian. d.none of the above.

a

Ace Corporation uses, in its radio ads, a recording by Blair, who owns the rights, without paying for the use. Over time, the song comes to be associated with Ace's products. Blair sues Ace. Ace is liable to Blair for: a.appropriation. b.conversion. c.wrongful interference with a contractual relationship. d.none of these choices.

a

An artisan's lien is a defense to a charge of trespass to personal property. True False

a

Assumption of risk is a defense that may be raised in a product liability suit. True False

a

Bill enters onto Cindy's property to help Donna, who is in danger. Cindy charges Bill with trespass to land. Bill has: a.a complete defense. b.a partial defense. c.a possible defense. d.no defense.

a

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has committed: a.copyright infringement. b.patent infringement. c.theft of trade secrets. d.trademark infringement.

a

The purpose of tort law is to provide remedies when various protected interests have been invaded. True False

a

Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by: a.all of the signatories of the Berne Convention. b.Canada and the United States only. c.Canada only. d.none of the signatories of the Berne Convention.

a

Cathy uses on her new recording "Drive By" the melody of a song written by Earl, without Earl's permission. This is: a.copyright infringement. b.patent infringement. c.trademark infringement. d.none of the above.

a

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the: a.cause in fact. b.intervening cause. c.proximate cause. d.superseding cause.

a

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights. True False

a

Exceptions to the Miranda rule would include: a.for public safety, a statement concerning the location of a bomb or other weapon. b.if other legally obtained evidence admitted at trial is probably strong enough to justify the conviction without the confession, then the fact that the confession was obtained illegally can be ignored. c.an attempt to balance the rights of society against the rights of accused persons. d.all of these choices.

a

Forfeiture of a business interest and dissolution of a business are possible penalties under RICO. True False

a

Generally, mens rea is required to establish criminal liability; meaning: a.the perpetrator's mental state must have been to intend to commit the crime. b.the accused must have known the action was a violation of civil law. c.the defendant may have taken justifiable risk, but she or he should have been aware of it as such. d.none of these choices.

a

Hackers may illegally rent their malware to cyber criminals. True False

a

If Sal sends Max a high-priority e-mail message telling Max that his wife has just died, when in fact Sal knows this is untrue, Max may be able to sue Sal for: a.infliction of emotional distress. b.libel. Max may be able to sue Sal for infliction of emotional distress. c.violations of the First Amendment. Max may be able to sue Sal for infliction of emotional distress. d.battery. Max may be able to sue Sal for infliction of emotional distress.

a

In a situation in which market-share liability is imposed, the: a.plaintiff need not prove which particular distributor of a widely distributed product caused his or her injury. b.plaintiff must prove which distributor supplied the product that caused his or her injury. c.plaintiff must prove which distributor supplied the product that caused his or her injury only if the product was distributed internationally. d.defense of assumption of risk allows the defendants to avoid liability.

a

Julie, a teacher, wants to use a small portion of a novel for use in class to discuss the different perspectives of environmentalism. Use of this material likely is allowable under the: a.Fair Use Doctrine. b.First Sale Doctrine. c.Educational Practices Doctrine. d.First Amendment.

a

Ned leaves his car with OK Car Shop to have it repaired. After the car is fixed, OK keeps it. OK is not liable for trespass to personal property if: a.Ned refuses to pay for the repair. b.Ned thinks OK's keeping his car is a "joke." c.OK is keeping the car as a "joke." d.OK received payment for the repair.

a

One of the goals of the Anti-Counterfeiting Trade Agreement (ACTA) treaty is to provide a legal framework to combat counterfeiting. True False

a

Open Country, Inc., makes grills, camp ovens, and other outdoor cooking appliances. Under the Restatement (Third) of Torts: Products Liability, Open Country could be liable for a warning defect if there is a foreseeable risk of harm posed by one of its products and: a.the omission of a warning renders the product not reasonably safe. b.there is a reasonable alternative design. c.there is a lack of care in making of the product. d.none of the choices.

a

Roberto was seriously injured when his car was struck by Ivan, who had been drinking in the Bad Biker Bar and was drunk. Roberto can sue Ivan for his injuries, but can also sue the owner of Bad Biker bar under the state: a.dram shop act. b.Good Samaritan statute. c.malpractice statute. d.reasonable person standard.

a

Sandra works as the executive secretary to the Vice-President for Research & Development at a major corporation. Part of her duties includes managing the VP's discretionary fund, consisting of about $10,000, which she manages online. Recently, a new technician in the Internet Technology (IT) department has demanded that Sandra get for him from confidential files a copy of the schematics and technical data for a new product about to be released. He has told her that if she does not comply, he will make it appear as though she has been embezzling money from the discretionary fund. Since he works in IT, he has access to those files. If Sandra gets the files for him, and then is prosecuted for theft, what would be her best defense? a.Duress b.Entrapment c.Necessity d.Mistake

a

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda Bubbles beverage, which proves defective and injures her. One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that: a.Soda Bubbles is making a profit from its activities. b.Talia is a person, not a business. c.making and selling products are abnormally dangerous activities. d.Soda Bubbles and Talia are in privity.

a

Special damages compensate the plaintiff for things such as: a.costs of repairing damaged property. b.emotional pain and suffering. c.impairment of physical capacity. d.loss of companionship.

a

Suzanne was riding her bicycle along the Riverwalk Trail, and bumped into Jayne, who was jogging on the trail. Jayne was not injured, but was absolutely furious with Suzanne because she acted so carelessly. If Jayne brings a negligence lawsuit against Suzanne: a.Suzanne will win. b.Jayne will win. c.Jayne will win if she has adequate evidence that Suzanne did not act as a reasonable person would under the circumstances. d.Jayne will win if she can prove that Suzanne intended to hit her with the bicycle.

a

A color can never qualify for trademark protection. True False

b

A manufacturer's duty of care does not extend to the inspection and testing of products bought to incorporate in the final product. True False

b

A patent applicant must demonstrate that the invention, discovery, or design is totally brand new to the market to receive a patent. True False

b

A patent cannot be obtained for software. True False

b

A person can suffer a criminal punishment for: a.imagining the details of a crime. b.an actus reus. c.spending a great deal of time thinking about committing a criminal act. d.actually taking incidental steps toward committing a crime.

b

A person ordinarily is not held liable for committing a crime if that person: a.is over the age of eighteen. b.suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. c.is voluntarily intoxicated. d.made a mistake of law.

b

An arbitrary use of ordinary words may not be trademarked. True False

b

An unforeseeable intervening event may break the causal connection between the wrongful act and an injury to another. If so, the intervening event acts as a(n): a.assumption of risk. b.a superseding cause. c.contributory negligence. d.comparative negligence.

b

Antonio is injured while mowing his lawn using a lawn mower he borrowed from his neighbor Carl. If Antonio sues the manufacturer of the lawn mower for product liability based on negligence: a.Antonio will lose because he was not the purchaser of the lawn mower. b.Antonio does not have to prove that he was the purchaser of the lawn mower, but does have to prove that the manufacturer breached its duty of care. c.Antonio does not have to prove that he was the purchaser of the lawn mower, and also does not have to prove that the manufacturer breached its duty of care. d.Antonio must prove that he was the purchaser of the lawn mower, and also has to prove that the manufacturer breached its duty of care.

b

At a criminal trial, the burden of proof is on an accused person to prove his or her innocence. True False

b

Crimes, traditionally, have been grouped into these categories: a.white-collar, organized, property, nonviolent, and violent. b.white-collar, organized, property, public order, and violent. c.white-collar, cyber, property, public order, and violent. d.property, violent, fraudulent, organized, and public order.

b

Delta, Inc., copies Eagle Corporation's patented invention in its entirety. Delta sells it as its own invention to First Products Company, without Eagle's permission. Eagle's patent is infringed by: a.Delta and First. b.Delta only. c.First only. d.neither Delta nor First.

b

Digital Systems, Inc. (DSI), makes storage media and other peripheral computer products. A DSI product may be unreasonably dangerous due to: a.a defect in its design only. b.a defect in its design or an inadequate warning. c.an inadequate warning only. d.neither a defect in its design nor an inadequate warning.

b

Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by: a.a fine only. b.imprisonment up to one year. c.imprisonment up to six months. d.imprisonment up to ten days.

b

Glenn Slemmer was a successful options trader and consultant for investment clubs. One of these clubs was called Profit Design Group (PDG). Slemmer set up an account for PDG with a brokerage firm. He had control of the account and could make decisions about buying and selling stock options. He was not authorized to withdraw funds from the account for his own benefit, but he did so. Slemmer made misrepresentations to the club members about the account and eventually emptied it. Slemmer was prosecuted for embezzlement. Slemmer claimed that he was not guilty of embezzlement, because he intended to return the investors' funds. The court most likely found that Slemmer was: a.guilty, because he never deposited funds to replenish the account. b.guilty, because the intent to return the embezzled property does not constitute a defense to the crime of embezzlement. c.not guilty, because he did not physically carry anything away. d.not guilty, because he did not intend to permanently deprive the members of their money.

b

Jenkins is using a chef's knife to cut vegetables. The knife slips and cuts off her finger. Jenkins sues the manufacturer of the knife. The manufacturer can use the defense that: a.Jenkins misused the knife. b.the injury resulted from a commonly known danger. c.Jenkins voluntarily assumed the risk created by the product defect. d.preemption.

b

Mitch is baking a cake in the oven in his home kitchen. Mitch severely burns his hand when he inadvertently touches the inside of the oven door as he is opening it to take the cake out of the oven. Mitch sues the manufacturer of the oven. The manufacturer can use the defense that: a.Mitch misused the oven. b.Mitch's injury resulted from a commonly known danger. c.Mitch voluntarily assumed the risk created by the defective oven. d.Mitch's alteration of the oven caused his injury.

b

Online retail fraud is a form of hacking. True False

b

Only private attorneys prosecute criminal defendants. True False

b

Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense: a.insanity. b.duress. c.entrapment. d.self-defense.

b

Pharma Company, Oral Meds Corporation, and Narco, Inc., are drug makers. Medico Company and Lab Source, Inc., are drug distributors. In a suit against all of these parties in which market-share liability is imposed, most likely to be liable are: a.neither the distributors nor the manufacturers. b.the distributors and the manufacturers. c.the distributors only. d.the manufacturers only.

b

Punitive damages to plaintiffs in tort actions are limited: a.only if intentional tort actions are involved. b.by due process mandated in the Constitution. c.only when negligence lawsuits are involved. d.only if both gross negligence and intentional tort action are involved.

b

Susan is an experienced clothier who has her own dress shop, but wants to expand to shoes and bags. In particular, she wants to sell Christian Louboutin shoes and bags, and advertise that she is selling them, using the Christian Louboutin (CL) trademark. In addition to a contract with CL, what would you advise her to be sure to get so that she can use the CL trademark while she sells his shoes and bags? a.Permit b.License c.Meta tag d.Fair-use grant

b

The Miranda decision has been overruled by Congress. True False

b

The modern concept of strict liability traces its origins, in part, to what famous English case? a.Ramona v. Rex. b.Rylands v. Fletcher. c.Palsgraf v. Long Island Railroad Co. d.Yorkshire Pudding Co. v. Thompkins.

b

The recipient of stolen goods who does not know the identity of the owner or the thief has a defense to criminal liability. True False

b

To commit the tort of trespass to land, a person must harm the land. True False

b

Tort Law: a.is a part of criminal law because it entails wrongs against individuals. b.includes instances where criminal prosecution as well as tort action can be taken. c.is different from criminal law since it does not cover wrongs such as assault. d.along with civil law, is a part of criminal law.

b

Under the Anti-Counterfeiting Trade Agreement (ACTA), border officials of member nations must get a warrant from an international governing body before searching commercial shipments of imports and exports. True False

b

Under the Restatement of Torts, persons who disclose or use another's trade secret, without authorization, are liable to that other party if: a.they properly discovered the secret as part of their duties. b.their disclosure or use constitutes a breach of a duty owed to the other party. c.inadequate steps were taken by the owner to guard the information. d.the information was properly registered with the USPTO.

b

Unlike copyright protection, protection of trade secrets extends to: a.computer programs. b.ideas and their expression. c.advertising jingles. d.audiovisual works.

b

Which of the following would not constitute trespass to land? a.Without permission, you tunnel under your neighbor's land. b.With permission, you walk across your neighbor's land. c.Without permission, you shoot an arrow across your neighbor's land. d.Without permission, your neighbor sets up a vegetable stand on your land.

b

"If consumers know (or reasonably should know) the potential ill health effects of eating at McDonald's, they cannot blame McDonald's if they, nonetheless, choose to satiate [satisfy] their appetite with a surfeit [excess] of supersized McDonald's products." This court opinion illustrates the defense of: a.preemption. b.assumption of risk. c.knowledgeable user. d.product misuse.

c

A patent for a new invention will last for: a.ten years. b.fifteen years. c.twenty years. d.fifty years.

c

A significant application of the doctrine of strict liability is in the area of: a.cyber torts. b.intentional torts. c.product liability. d.unintentional torts.

c

A trade secret might include which of the following? a.A product name b.A distinctive company logo c.A customer list d.The appearance of a clothing store

c

Abrhianna went with her aunt to a Travelers baseball game. They had great seats, right on the first baseline. During the third inning, a foul ball struck Abrhianna in the face, severely damaging her right eye. Abrhianna sues the baseball stadium owners, and they raise the defense of assumption of the risk. The court is likely to rule: a.that assumption of the risk does not apply, because Abrhianna is not a participant in the ballgame. b.that assumption of the risk does not apply, because it is not common knowledge that foul balls can enter the stands. c.that assumption of the risk applies, because a spectator at a baseball game is normally aware of the danger of foul balls. d.that assumption of the risk applies, but Abrhianna will nevertheless win the lawsuit because she can prove her damages.

c

Air Corps, Inc., manufactures aviation guidance systems. Barb is injured in a crash caused by a defective Air Corps product. A statute restricts the time within which Barb may file a product liability suit against Air Corps regardless of when she was injured. This is a statute of: a.limitations. b.preemption. c.repose. d.suspension.

c

Cool Electronics makes DVD players. Edie is injured while using a Cool player, which also damages her house. She sues Cool for product liability based on strict liability. In most states, to recover damages, she must show: a.in what manner and why the player became defective. b.in what manner but not why the player became defective. c.neither in what manner nor why the player became defective. d.why but not in what manner the player became defective.

c

Farm Equipment, Inc., makes farming machinery. Gail discovers that her Farm Equipment tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that: a.Farm Equipment sold the tractor to Gail. b.Gail knew and appreciated the risk caused by the defect. c.Gail suffered an injury caused by the defect. d.the "defect" was a commonly known danger.

c

General damages do not include damages for: a.pain and suffering. b.loss of reputation. c.medical expenses. d.loss of physical capacity.

c

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, the firm commits: a.the tort of license infringement. b.the crime of license infringement. c.the tort of patent infringement. d.the crime of patent infringement.

c

If you are a victim of false imprisonment, you are: a.made fearful of an unwanted contact with another person. b.touched by another person in an unwanted or offensive way. c.confined or restrained by another person intentionally and without justification. d.intentionally bad-mouthed by another person.

c

In cases of injuries proximately caused by a defective product, the manufacturer who failed to exercise due care is liable to: a.the injured purchaser of the product. b.the injured user of the product. c.any person who sustained injury. d.all persons listed on the sales contract who were injured.

c

In order for someone to be convicted of a crime, which of the following elements must exist? a.The defendant must have had a socially maladjusted childhood. b.The defendant must have had no intent to commit the act. c.The defendant must have intentionally performed a prohibited act. d.The defendant must have performed a morally questionable act.

c

Kari buys a copy of the newest edition of her Business Law textbook. At the end of the semester, she wants to sell it to her roommate. Under Copyright law, Kari: a.cannot sell the book to her roommate legally because the author holds the exclusive right to distribute the work. b.cannot sell the book to her roommate legally under the Fair Use Doctrine. c.can sell the book to her roommate legally under the First Sale Doctrine. d.can sell the book to her roommate legally because distribution is not one of the rights of copyright law.

c

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of: a.an average human being. b.a reasonable person. c.a reasonable physician. d.a typical professional.

c

Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is: a.an arraignment. b.an indictment. c.an information. d.an inquisition.

c

Most states apply a legal standard that takes into account the degree of negligence on the part of both the defendant and the plaintiff. This standard is known as the: a.known-danger standard. b.discriminatory standard. c.comparative negligence standard. d.repository of negligence standard.

c

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the "50 percent rule" comparative negligence principles, Oliver would recover: a.$0. b.$250,000. c.$400,000. d.$500,000.

c

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in the: a.Lanham Act. b.appropriation doctrine. c."fair use" doctrine. d."fair copy" doctrine.

c

Product liability claims may be based on which of the following tort theories? a.Strict liability only b.Misrepresentation and negligence only c.Strict liability, negligence, and misrepresentation d.Strict liability and negligence only

c

Quality Tools Corporation (QTC) makes hammers and other tools. Rita is injured while using a QTC hammer. She sues the company for product liability based on negligence. To defend successfully against the suit, QTC may show that: a.QTC did not sell the hammer to Rita. b.Rita misused the hammer in a foreseeable way. c.Rita's injury resulted from a commonly known danger. d.the hammer was not altered after QTC sold it.

c

Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. Sam's copyright is infringed by: a.Rita only. b.USA only. c.Rita and USA. d.none of the above.

c

Sara is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Sara: a.accessed a computer without authority only. b.accessed a computer without authority or took data. c.accessed a computer without authority and took data. d.took restricted or protected data only.

c

Steven Wilson started a fight with Larry Harrison. Ken Bernardy came to the defense of Harrison. Harrison knocked Wilson to the ground, and Bernardy, who was wearing tennis shoes, kicked Wilson several times in the head. Wilson suffered serious head injuries. Bernardy claimed that he believed a bystander was about to join the fight against Harrison and that he had to use force against Wilson to protect Harrison from harm. The court probably found that Bernardy's use of force was: a.not justified, because Harrison was in no danger. b.not justified, because a person is liable for any crimes committed while rescuing another. c.justified, because he believed Harrison was in imminent danger. d.justified, because there were no police officers available.

c

The "but for" test can usually determine the existence of: a.a duty of care. b.a superseding cause. c.causation in fact. d.comparative negligence.

c

The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established by: a.private parties engaged in negotiation. b.the U.S. Congress. c.a British court. d.a U.S. court.

c

The structure, sequence and organization of a computer program is protected by copyright, but for the most part, not its: a.binary-language object code. b.print outs. c.general appearance on screen. d.source code.

c

The two notions that serve as the basis of all torts are: a.damages and suffering. b.injury and suffering. c.wrongs and compensation. d.none of these choices.

c

To prove negligence, the plaintiff must show all of the following EXCEPT: a.the defendant breached a duty of care owed to the plaintiff. b.the plaintiff suffered a legally recognizable injury. c.the defendant owed no duty of care to the plaintiff. d.the defendant's breach of a duty of care owed to the plaintiff caused the plaintiff's injury.

c

To succeed in a strict product liability case, the plaintiff must show: a.the reason why the product is defective. b.in what manner the product became defective. c.that the product was defective when it was sold or leased. d.that the manufacturer did not exercise reasonable care in making the product.

c

Under the Anti-Counterfeiting Trade Agreement (ACTA), member nations: a.are not allowed to keep the suspect goods unless the authorities can prove the goods in transit are counterfeit. b.are prohibited from conducting random border searches of electronic devices not based on probable cause. c.are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods. d.do not have authority to make requests of online service providers concerning the identity of suspected trademark and copyright infringers without probable cause.

c

Under the common law of Alabama, a conversion is "the wrongful exercise of dominion over property" in which the plaintiff has "the immediate right to possession." The Merritts, residents of Alabama, purchased an automobile from Bernie Hughes Lincoln Mercury in Birmingham. The Merritts subsequently had numerous problems with the vehicle. One of the problems was that defective construction caused damage to the tires. This particular problem was subject to a rebate program from Ford Motor Company, which granted the Merritts a refund. Under the program, the dealer made the claim for the rebate to Ford, and then Ford sent the funds to the dealer. When the refund check arrived, the dealer was to notify the customer. Ford sent the Merritts' refund to the dealer, but instead of giving the check to the Merritts, or even notifying them of its receipt, the dealer cashed the check and applied the funds to the amount the Merritts owed on their account for other repairs. In the Merritts' action for conversion of the funds, the court most likely found that the dealer was: a.not liable for conversion, because the dealer did not realize it had received the rebate check. b.not liable for conversion, because the Merritts were not entitled to the rebate check. c.liable for conversion, because it wrongfully withheld the Merritts' rebate check. d.liable for conversion, because it was a car dealer.

c

Under the tort doctrine of strict liability, liability is: a.based on fault. b.based on negligence. c.not based on fault. d.imposed only for intended wrongful acts.

c

Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is: a.a preponderance of the evidence. b.beyond all doubt. c.beyond a reasonable doubt. d.clear and convincing evidence.

c

Which of the following is a defense to a negligence claim? a.Self-defense b.Defense of property c.Assumption of risk d.Truth

c

Which of the following is not an international agreement concerning intellectual property rights? a.Paris Convention of 1883 b.The Berne Convention c.The Lanham Act d.The Madrid Protocol

c

Which of the following would constitute real property? a.A house and the furniture inside that house b.Land and the deed to the land c.A house and a stone wall d.An apartment building and the car in the building's parking lot

c

Who can be held liable for injuries caused by a defective product? a.Only the manufacturer of the product b.Only the seller of the product c.The manufacturer, seller, or lessor of the product d.Anyone who uses the product

c

Adam was wanted for murder, and fled the country to avoid arrest. After twelve years of living in Finland, he returned to the United States, and the police arrested him. If Adam raises statute of limitations as a defense: a.he will be successful, because once the statute of limitations expires, he can no longer be prosecuted for the crime. b.he will not be successful, because the statute of limitations was tolled during the time he was out of the country. c.he will not be successful, because the statute of limitations for murder is twenty years. d.he will not be successful, because there is no statute of limitations for murder.

d

Almost anything is patentable, except: a.the laws of nature. b.natural phenomena. c.abstract ideas. d.all of these choices.

d

An exception to liability for copyright infringement is made under the doctrine of: a.some use. b.free use. c.granted use. d.fair use.

d

As a defense to product liability, a defendant can claim that: a.the plaintiff voluntarily assumed the risk created by a known product defect. b.the plaintiff's injury resulted from a commonly known danger. c.the plaintiff misused the product in an unforeseeable way. d.all of these choices.

d

Caleb is driving a car in which Dotty is a passenger when an accident occurs. Caleb and Dotty are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dotty on a negligence theory because: a.both parties were emotionally rattled. b.Caleb did not apparently intend to cause an accident. c.Dotty must have been comparatively negligent. d.Dotty was not injured.

d

Campbell Soup Co. manufactured, sold, and shipped packages of chicken-flavored Campbell's Ramen Noodle Soup to a distributor. The distributor sold and shipped the packages to Associated Grocers. Associated Grocers shipped the soup to Warehouse Foods, a retail grocer. Six weeks after Campbell first shipped the soup, Warehouse Foods sold a package of the soup to Kathy Jo Gates. Gates prepared the soup, and halfway through eating it, she discovered beetle larvae in the noodles. She suffered no ill effects from eating the soup. Nevertheless, she filed a lawsuit in an Arkansas state court against Campbell on a theory of strict product liability. The court most likely held that Campbell's was: a.strictly liable, because of the presence of bugs in its product. b.strictly liable, because it did not warn consumers that the soup could contain inedible substances. c.not strictly liable, because Gates assumed the risk when she purchased the soup. d.not strictly liable, because Gates did not show that the soup was defective at the time it left the manufacturer.

d

Cassandra is starting a new karate dojo. She likes the phrase "Just do it!" that the company Nike uses in its ads and wants to adopt the slogan for her business. Should she do this? Why or why not? a.Yes, she should. It will be a catchy slogan for her new business. b.No, she shouldn't, because the Nike has a patent on that slogan. c.No, she shouldn't, because using that slogan would constitute copyright infringement. d.No, she shouldn't, because this well-known phrase is likely to be recognized as a trademark.

d

Cellular Products Corporation (CPC) makes cell phones. Dina files a product liability suit against CPC, alleging a design defect. Under the Restatement (Third) of Torts: Products Liability, in deciding whether to hold CPC liable, the court may consider: a.neither the effect of an alternative design on the product's costs and life nor the range of consumer choice among products. b.only the effect of an alternative design. c.only the range of products. d.the effect of an alternative design and the range of products.

d

Crimes differ from civil wrongs in that: a.there is a lesser burden of proof in criminal law, whereas in civil law compensation is sought. b.victims of crimes instead of government officials prosecute seeking punishment of the accused. c.punishment is sought in criminal law, and a higher burden of proof is required in civil cases. d.government officials prosecute crimes, but individual victims seek compensation for civil wrongs.

d

Deadly force can be used in self-defense if the defender reasonably believes that imminent death will otherwise result: a.and if the defender has not initiated the attack. b.plus if the defender has not provoked the attack nor initiated it. c.and if the defender has not initiated the attack, plus if the defender has not provoked the attack. d.plus if the attacker is using unlawful force, and if the defender has not initiated or provoked the attack.

d

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is: a.neither the causation in fact nor the proximate cause of the injury. b.only the causation in fact of the injury. c.only the proximate cause of the injury. d.the causation in fact and the proximate cause of the injury.

d

EY corporation sues Robert for patent infringement. The court finds that Robert willfully infringed EY's patent and awards remedies. For this case, which of the answers listed is not a possible remedy? a.Injunction b.Royalties c.Treble damages d.Prison for Robert

d

Helen points a gun at Irma, threatening to shoot her. Irma hits Helen, causing her death. Charged with homicide, Irma can most likely successfully claim as a defense: a.consent. b.duress. c.entrapment. d.self-defense.

d

High Bikes, Inc., makes bicycles. A defective High bike injures Lisa when she rides it. Lisa files a product liability suit against High. The maker can: a.avoid liability because Lisa apparently misused the bike in some way. b.avoid liability because Lisa assumed the risk when she rode the bike. c.avoid liability because Lisa was obviously negligent in some way. d.not avoid liability.

d

If a company that makes laundry detergent calls its product Pommo, the name "Pommo" would be considered: a.a trade secret. b.a secondary meaning. c.a trade dress. d.a strong mark.

d

Information protected under the law of trade secrets is protected for: a.ten years. b.twenty years. c.life of the owner plus seventy years. d.as long as secrecy is maintained.

d

Jayden needed an A in his college Biology class, so he used his home computer to break into the university computer system to change his grade from a D to an A. Jayden is guilty of the crime of: a.phishing. b.identity theft. c.cyber fraud. d.hacking.

d

Joy invites Ken into her apartment. Ken commits trespass to land if he: a.enters the apartment with fraudulent intent. b.harms the apartment in any way. c.makes disparaging remarks about Joy to others. d.refuses to leave when Joy asks him to go.

d

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks: a.attributable to the triathlon in any way. b.different from the risks normally associated with the triathlon. c.greater than the risks normally associated with the triathlon. d.normally associated with the triathlon.

d

Precision Crafted Tools, Inc., makes tools for consumers and construction professionals. While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to shut off the power and is electrocuted. Quinn's heirs file a suit against Precision Crafted. In a contributory negligence jurisdiction, the plaintiffs could recover: a.only if both parties were equally at fault. b.only if Quinn was less than 50 percent at fault. c.only if Precision Crafted was more than 51 percent at fault. d.nothing.

d

Quinn, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quinn is liable for conversion: a.if he damages the computer. b.if he does not have a good reason for taking the computer. c.if he fails to prevent a theft of the computer from his possession. d.under any circumstances.

d

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely: a.lose, because Bargain Mart's employees were not aware of the spill. b.lose, because Cody should have exercised more care. c.win, because Bargain Mart can recover from the soda bottler. d.win, because the spilled soda was foreseeable.

d

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite alleging a warning defect. Under the Restatement (Third) of Torts: Products Liability, in deciding whether to hold Safe-Rite liable, the court may consider: a.neither the characteristics of expected users nor the content of any warning. b.only the characteristics of expected users. c.only the content of any warning. d.the characteristics of expected users and the content of any warning.

d

Standard Factory Machinery, Inc., obtains a patent on a drill press. Total Equipment Company (TEC) copies the design. This patent is infringed: a.only if TEC copies the press in its entirety. b.only if TEC sells the press in the market. c.only if TEC copies the press in its entirety and sells it. d.regardless of whether TEC copies the press in its entirety or sells it.

d

The act of forcefully and unlawfully taking personal property of any value from another is called: a.burglary. b.larceny. c.bribery. d.robbery.

d

The most common remedy for trademark infringement is: a.money damages. b.specific performance. c.restitution. d.an injunction.

d

The purpose of tort law, generally, is to provide remedies for the invasion of various protected interests, such as: a.physical security and freedom of movement. b.destruction of property. c.damage to property. d.all of these choices.

d

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is: a.a corporate officer. b.a non-employee. c.a private individual. d.a public figure.

d

Under the "responsible corporate officer" doctrine, corporate officers: a.are responsible for their own actions but are not responsible for the actions of employees under their supervision. b.are responsible only for crimes from which they personally benefit. c.are not personally responsible for any crimes committed by the corporation. d.are responsible for their own actions and also for the actions of employees under their supervision.

d

Under the responsible corporate officer doctrine: a.corporate directors and officers are personally liable for the crimes they commit only if the crimes were committed for their personal benefit. b.corporate directors and officers cannot be held liable for the actions of employees under their supervision. c.a corporation cannot incur criminal liability because it can act only through its agents. d.a court may impose criminal liability on a corporate officer who participated in, directed, or merely knew about a given criminal violation.

d

For the willful misappropriation of trade secrets under the Uniform Trade Secrets Act, a plaintiff only may recover: a.punitive damages. b.court costs. c.attorneys' fees. d.monetary damages. e.all of these remedies are recoverable.

e