Multiple choice questions

What is true about a copyright?

A copyright is not created by the process of registration

Res Ipsa loquitor

A negligent act could have only occurred due to someone else's negligence

Who fall under the category of strict liability

Abnormal business owners, keeping wild animals

Businesses which cause injury and which engage in abnormally dangerous activities such as oil refineries

Are liable to persons they injure, even if they are not at fault

If there is an injury and the area of injury was under the complete control of the defendant, and there was not witness or other evidence, the plaintiff's best theory of recovery is: A) Negligence B) Res Ipsa Loquitor C) Negligence Per Se D) Good Samaritan Statute E) Dram Shop Act

B

A dram shop is a

Bar, tavern (not a pharmacy)

The burden of proof in a criminal case is?

Beyond reasonable doubt

A meta tag: A) Is really a cookie B) Is a device used by the NSA to monitor your email C) Is not normally subject to copyright restrictions D) Prevents pornography from appearing on your computer E) Is the same as digital trademark

C

Why do we hold those in the chain of distribution of a defective product liable for injuries caused by the defect, even if they did nothing wrong? A) Its always best to use the money of this who have it to give to those who don't B) We don't; if you did nothing wrong you shouldn't have to pay C) It is easiest of those who from defective items to spread the risk of injuries and/or buy insurance for their losses D) All of the above

C

What are the 4 elements of negligence?

Duty, breach, causation, damages

Mr. Cochran uses a quote without permissions by Kesha in his slides. What is this?

Fair use exception

What is negligence per say?

A negligent act occurred because of the violation of a statute

What is the dram shop act?

Held to a higher standard of care for their customers

Comparative

If the defendant is liable for some amount that is what they owe to the plaintiff

Contributory

If the plaintiff is in any part liable they are unable to recover damages

The burden of proof in a civil case is?

Preponderance of evidence

The burden of proof in a civil case is

Preponderance of evidence. 7/12 jurors vote one way or another

A merchant may detain a suspected shoplifter without being subject to a claim of false imprisonment if the merchant has what?P

Probable cause

Strict liability

without regard to fault

The defendant is liable for 90% of damaged and the plaintiff is liable for 10% of damages. Damages amount to $100,000. How much money is owed to which party and why?

$90,000 to plaintiff in a comparative negligence state

How long is the patent protection for the design of an item?

14 years

Phil designs a self arresting tent ideal for tailgating. He would like to paten protect his design while he's getting production started. How long will his patent last

14 years - because it's a design

How long is the patent protection for a manufactured item?

20 years

You are speeding in front of Samford Hall and hit and injure a pedestrian. This pedestrian's best legal theory to use to obtain a judgement again you is" A) Negligence B) Res Ipsa Loquitor C) Negligence Per Se D) Good Samaritan Statute E) Dram Shop Act

C

Once a criminal case has been brought against the defendant, a related civil case

Can be filed by the victim, but in many cases civil cases aren't filed

Why do we hold those in the chain of distribution of a defective product liable for injuries caused even if they did nothing wrong?

It's easiest for those who profit from defective items to spread risk of injury and/or buy insurance for their losses

Which is tortious conduct?

Kurt abducts John at gunpoint and holds him for ransom

Dumbelina, named after her father, is going to a party when she sees a houndstooth hat she likes. She takes it when no is looking. This is a crime of

Larceny

In a strict liability lawsuit you can recover damaged from whom?

Manufacturer, distributor, and retailer (all of the above)

A statute states that talking on a cellphone and driving is a crime. This is know as

Mens rea: to have a guilty midset, intent to commit crime

Grace is injured by a defective widget which is manufactured by Raffles Co., distributed by Dufus Distributions, and sold to Grace by Stanley store. Grace's best method of recovery is

Negligence is she can prove all the elements

Is Jerry/Kayla negligence per say or Res ipsa loquitor

Negligence per say

Scenario question: Auburn has a no texting while driving policy. A student runs a red light while texting and totals someone else's car. What doctrine of negligence does is this applicable to?

Negligence per say

Emerson and Chase are drag racing. Chase hits Callie and Callie wants to sue. Callie's best theory to obtain a judgment is

Negligence per se

A meta tag is

Not normally subject to copyright restrictions

Scenario question: you live on top of a 10-story building, there is a 30-story construction site next store. A toilet crashed through the roof and injures you. What doctrine of negligence would have been able to help?

Res Ipsa Loquitor

Stevie develops a new razor for women and also writes the instruction manual

She can obtain a copyright for the instruction manual

Bean's coffee and cocoa company makes coffee and spells the company Coffee Company. Another company sells coffee and coca and named their company Koffee Komany. This is most likely

Trademark infringement

The greatest tort risk involved in business today is

Vicarious liability

What is proximate cause?

Was an injury foreseeable

Tire stores uses famous basketball player, Hulio's picture without permission. Hulio sues. Will he win?

Yes, because Hulio has the exclusive right to his own name and likeness

A stores private security guard thinks Les looks like a shop lifter. He throws him down on the ground until pro lice arrive. Les sues for false imprisonment. Will he win?

Yes. The store had no probable cause, unnecessary force, unreasonable manor