Exam 2

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office and uses it to market a distinctiveline of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berryhas a cause of action against

Crabapple

______ does not prevent an injured party from bringing civil charges against a defendant once they are found innocentin a criminal case.

Double jeopardy

A copyright owner who sells a copy of a work retains the right to control the further distribution of that copy.

False

A statute that prohibits theft by means of false pretenses usually applies only to goods, not to services or cash.

False

In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant.

False

Once a manufacturer's trademark is established, another manufacturer may use it without permission

False

The products involved in a trademark dilution suit over a famous trademark must be similar or competing

False

The standard of reasonable care for a professional is the same as that of an ordinary person.

False

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and chargedwith a crime punishable by imprisonment for more than a year. This crime is a

Felony

Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the moneyand overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when

Sid offered a bribe

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable astrademark infringement:

if consumers are confused between the products.

To be protected under the Copyright Act, a work must be

original and fixed in a durable medium.

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

the activity is extremely risky

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because shesuspects it will be used to prosecute her. This is

the privilege against self-incrimination

Fresh Agro, Inc., offers to deliver produce to Growers' Market for a certain price. Fresh's intent to extend an offer isdetermined by reference to Fresh's

words and actions

A civil case has a burden of proof that is a preponderance of the evidence.

True

A crime is punishable, in some cases, by death.

True

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinaryconsumer.

True

A false statement about a person's business can give rise to liability for defamation.

True

A general patent gives the inventor the exclusive right to make, use, and sell an invention for a period of 20 years from the date of the application

True

A person who accesses a computer online without authority to obtain protected data is subject to criminal prosecution

True

A petty offense can be punishable by jail time.

True

A seller who introduces a harmful or defective product into commerce may be subject to a tort action for strict liability

True

A trademark is a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particulargoods, and distinguishes its products from those made (or sold) by others.

True

Any time that one party's allegedly wrongful conduct causes injury to another, an action may arise under the law oftorts.

True

Certain business processes are patentable.

True

Intellectual property is property resulting from intellectual, creative processes, and the products of one's mind

True

The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumptionof a product.

True

The law has imposed a general duty on all persons to refrain from making defamatory statements and breaching thisduty in writing or another permanent form such as a digital recording constitutes the tort of libel.

True

To obtain copyright protection under federal law, a work must be original.

True

With respect to consideration, a bargained-for exchange distinguishes a contract from a gift.

True

Works that are copyrightable include brochures, or other printed advertisement

True

Haji is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Haji will be prosecuted by

a district attorney or an attorney general.

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products, Inc. Most likely, Outlet Sales canbe ordered to return the goods or pay their true owner for their value in a suit for

conversion

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use tocombat online sales of

counterfeit goods

. Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM systemby customers to deposit into their accounts. This is

embezzlement

For ________ to succeed as a defense, both the suggestion and the inducement must take place

entrapment

Intoxicated, Efron enters a contract for the sale of his business, Freight Dispatch, to Gretel for less than its marketvalue. This contract is enforceable if, at the time,

Efron understood the legal consequences.

Ness, a broker, advises Ollie to invest in Penny Stock, Inc. When the share price of Penny's stock drops, Ollie accuses Ness of fraud, claiming reliance on the broker's advice. The reliance that gives rise to liability for fraud requires

a misrepresentation of a fact knowing that it is false.

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway andcrashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may beawarded punitive damages to

punish the defendant and deter others from similar wrongdoing.

Sports Bar and Tasty Bakery are adjacent businesses with adjoining parking lots. Sports Bar offers Tasty a discount onpurchases if the bakery will not tow the cars of Sports Bar's patrons who park in the bakery's lot. The discount is legallysufficient consideration

because it is a promise of something of value.

Dale's Uncle Ed tells Dale, "If I feel you deserve it at the time, I will give you a new car when you graduate fromcollege." Ed's promise is

illusory

Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

nonmonetary aspects of the harm suffered, such as loss of reputation

For the purpose of tort liability, intent can be transferred when an individual intends to harm one individual, butunintentionally harms another.

True

Foreseeability is the test for proximate cause

True

If no harm or injury results from a given negligent action, there is nothing to compensate.

True

In a criminal case, the state must prove its case beyond a reasonable doubt.

True

Mel agrees to work as a freight broker for National Shipping, Inc. In determining whether a contract has been formed,an element of prime importance is the parties'

Intent

. A ________ is essentially a trademark that is used to distinguish the services (rather than the products) of one personor company from those of another

service mark

The idea for "Price & Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by

No Law

Consideration is the value given in return for a promise or performance in a contractual agreement.

True

Crimes are offenses against society as a whole.

True

The offeror must have a serious intention to become bound by the offer in order for the offer to be effective.

True

Greg is marketing manager for Home Stuff LLC., Greg is responsible for branding the company's products. Aspectsof branding that can be trademarked include:

a catchy phrase, such as "Stuff your home with Home Stuff!

anna and Billy have businesses in town. They get together some evenings to smoke pot, drink wine, and talk aboutlocal business events. One evening, after smoking and drinking, Janna askes Billy to sell his shoe outlet on the edge oftown to her for $50,000 and he agrees. They get paper and take turns writing details. When they finish, they both sign.Billy then says, "I need to get my partner to sign. He's out of town now but will return tomorrow.. I'll get him to signthen." Billy gets his partner

Because Billy and his partner evidenced a desire to contract, they lose and are ordered to specifically performthe contract and transfer the business to Janna

Information that may be protected as trade secrets includes all except:

employee names

Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed stealshis employer's digital files to start his own competing business, Good Homes LLC. Ed's action is

Larceny

Raul uses social media to post links that, when clicked, secretly install software on others' computers without theowners' knowledge. Raul's software is designed to harm or disrupt the computers. This program is

Malware

Macy offers to sell his fitness watch for $50 to Nona. Nona promises to pay Macy the price. Later, they exchange thewatch for the funds. A contract was created when

Nona promised to pay for the watch

Popeye and Bluto are sailors. Popeye has a sailboat he keeps in a San Francisco marina. Popeye tells Bluto that he,Popeye, is looking to buy a new sailboat but will need to find a buyer for his current boat. Bluto says, "If you can get yourboat down here to Long Beach harbor, I will pay you $100,000 for it." Popeye realizes the best offer he had prior toBluto's offer was only $80,000.Popeye hires a crew to help sail the boat, buys provisions for it, gets fuel for the diesel engine (for when the

The court concludes that since Popeye did not perform the contract from his side he cannot recover based oncontract; but Bluto is estopped to deny his promise. Popeye is awarded $15,000 for the costs incurred in tryingto bring the boat down the coast and its return