Ch 8, 9, 12 Quiz

Decertification mark

All but which of the following is a type of mark?

Contributory Negligence

If the defendant successfully proves ___, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages

Exemplary

In typical negligence cases, courts rarely award punitive damages, or ____ damages, which are imposed to punish the offender and deter others from committing similar offenses.

Per Se

The negligence ___ (literally, negligence in or of itself") doctrine applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff begins

Trade Dress

The term ___ means the overall appearance and image of a product

Intentional Infliction of Emotional Distress

The tort of __ occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed

The alleged infringement was based on either the specific or general intent of the defendant

To succeed on a claim of trade dress infringement, a party must prove all but which of the following elements

Assumption of the risk

To use the ___ doctrine successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm

Intent to cause harm

Which of the following is not an essential element of negligence?

physical restraint

False imprisonment may occur by

Fair-use-doctrine

The __ provides that others may reproduce a portion of the copyrighted work for purposes of "criticism, comment, news reporting, teaching, scholarship, and research"

Last Clear Chance

The ____ Doctrine allows the plaintiff to recover damages, despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff

Slander per se

__________ consists of oral statements so inherently harmful that general damages are presumed

Conversion

__occurs when a person permanently removes personal property from the owner's possession and control

trademark

a __ is a distinctive mark, work, design, picture, or arrangement used with a product that helps consumers identify the product with the producer

Product Trademark

a __ is a mark affixed to a good, its packaging, or its labeling, such as the Nike swoosh

Trademarks, patents, trade secrets

Intellectual property includes which of the following

Does the deferent in the subject litigation have a prior criminal record, and if so, what is the nature of the prior criminal record (both in terms of the number and types of prior criminal offenses)

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following

To punish the defendant for committing a wrong against society

Which if the following is not a purpose of tort law

Supplemental damages

Which of the following is not a measure of damages recoverable in a tort case

Express

___ assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant"S behavior

Assault

___ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact

False light

___, a privacy tort, is closely related to defamation and occurs when publicity about a person creates an impression about an individual that is not valid.

Actual cause; proximate cause

____ is also know as "cause in fact", while _____ is sometimes referred to as a "legal cause"

Collective Mark

A __ is a mark identifying the producers as belonging to a larger group, such as a trade union

Certification Mark

A __ 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"

Private Nuisance

A __ occurs when a person uses their property in an unreasonable manner that harms a neighbor's use or enjoyment of their property