BSAD 221 test 2 questions

Gene drafts a contract that Tim signs. In the contract, Gene uses the term "reasonable." In a hearing about a contract dispute, the judge determines this word is ambiguous. Therefore, what would most likely happen next: A. Tim would automatically win at the hearing B. Gene would automatically win at the hearing C. The judge would hear testimony from Gene and Tim about what they thought the word meant at the time they signed the contract D. The judge would rule by strictly reading the words of the document

C. The judge would hear testimony from Gene and Tim about what they thought the word meant at the time they signed the contract

Jason is hunting on Darrel's property, which he has permission to be on. However, after shooting a deer, he follows the deer onto the neighboring property even though he believes he is still on Darrel's property. Jason has most likely committed which intentional tort? A. Battery B. Conversion C. Trespass to Land D. Assault

C. Trespass to Land

Nike can trademark which of the following: A. The Nike Swoosh (the logo) B. The Name Nike C. both D. neither

C. both

Jared starts a new business named Natural Light District, L.L.C. As this is the future of health, he wants to make sure no one is able to steal his ideas and dilute his brand. Which of the following can he receive trademark protection for? A. The name of the new company -- Natural Light District, L.L.C. B. The newly designed logo for the company C. The unique packaging his cutting edge lights will be displayed in D. All of these can receive trademark protection

D. All of these can receive trademark protection

Which of the following would be considered a felony? A. Shoplifting B. Speeding ticket C. Failing to signal D. MURDER

D. MURDER

Is it likely a business would be granted a trademark for phrase "best on the market?" A. Yes, if no other entity has registered it B. Yes, trademarks are automatically granted C. No, you cannot use the word best in a trademark D. No, the phrase is likely too generic to be given protection

D. No, the phrase is likely too generic to be given protection

Rachel carelessly slams into Rebecca, knocking her to the ground. Rachel has been negligent and will be held liable: A. Only if Rebecca is not injured B. Under no circumstances C. Under any circumstances D. Only if Rebecca is injured

D. Only if Rebecca is injured

Ivan develops a new watering machine, which he names "Quick Soak." He also writes the operating manual. Ivan can obtain copyright protection for A. Design of the watering machine only B. Design of the watering machine, name, manual C. Name only D. Operating manual only

D. Operating manual only

Chad, an accountant, emails his business clients and potential customers accusing his competitor, Jared, of being a convicted thief. This statement is defamatory if: A. A recipient of one of the emails repeats it. B. Jared suffers emotional distress. C. The statement is true. D. The statement is false.

D. The statement is false

Tinkering away in her laboratory, Dr. Simpson discovers a brand new cure to a lung disease spreading across the world. Unfortunately, she had never taken Gene Gouaux's business law class, and she did not know she should patent this. Three days later, a rival company files a patent application with the USPTO for their medication that cures the same virus. Upon further review, we learn that their solution was the same as Dr. Simpson's. Dr. Simpson files suit to claim she is the rightful owner of the patent. Who will a judge rule in favor of and why? a. The company that filed first b. Dr. Simpson -- she was the first person to invent it c. The company because it is a company and not an individual d. Dr. Simpson because she is an individual and not a company

a. The company that filed first

Big NEAL backs out of Thibodaux City Hall in his jacked-up truck. Unfortunately, he collides with Andrew's car while doing so. Andrew may recover damages to cover the cost of the repairs if Big NEAL failed to act as a a. a reasonable person b. a faultless person c. a blameless person d. a reliable person

a. a reasonable person

Emily and other users of Facebook, Twitter, Instagram, and other social media sites post messages, images, and other materials. Social media posts are routinely included in discovery in litigation to a. all of these choices b. establish a person's intent c. establish what a person knew at a particular time d. reduce damage awards

a. all of these choices

Adam throws a rock intending to hit Paul but misses and hits Richard who sustains an injury. Richard can most likely recover the cost of his injury from Adam in a suit based on the tort theory of a. battery b. conversion c. trespass d. invasion of privacy

a. battery

Robert is being charged with the crime of extortion. In order to convict him, a prosecutor must prove all of the elements of the crime: by a. beyond a reasonable doubt b. majority of the evidence c. preponderance of the evidence d. clear and convincing evidence

a. beyond a reasonable doubt

Traffic Cop is a video game for your personal computer that allows an individual to play the role of a police officer in charge of traffic violations. The graphics used in the game are protected by a. copyright law b. trademark law c. trade secrets d. patent law

a. copyright law

Angry at recent events that will not allow him to buy bread, Clint, an online reporter, tweets that a local grocery store is cheating on its taxes. If false, making this statement could be a. defamation b. not defamation because it is an opinion c. not defamation because it was only communicated to one person d. not defamation because it was not communicated orally

a. defamation

Gene's Tasty Burgers, the hottest restaurant in town, must use reasonable care on its premises to warn its patrons of a. hidden risks b. obvious risks c. all risks d. no risks

a. hidden risks

David pushes Marcus. Marcus falls and breaks her arm. David is liable for the injury a. if David intended to push Marcus b. only if David did not intend to break Marcus's arm c. only if David intended to break Marcus's arm d. only if David had a bad motive for pushing Marcus

a. if David intended to push Marcus

Wal-Mart cannot claim a trademark for the phrase "Quality Is Standard" if the phrase a. is generic b. is descriptive c. is memorable d. has a secondary meaning

a. is generic

Jeremy trespasses on LASC, Inc.'s property. With reasonable force, LASC's security guard detains Jeremy until the police arrive. LASC is liable for a. none of these choices b. battery c. false imprisonment d. assault

a. none of these choices

The trade dress of a product refers to the product's a. packaging b. warning label c. sales quotas d. name

a. packaging

Following the BP oil spill, BP was assessed these rarely used damages which are meant to punish the tortfeasor a. punitive b. general c. special d. compensatory

a. punitive

Slander is the action of making a false statement about another person via which of the following a. speech to church congregation b. newspaper article c. internet posting d. text message

a. speech to church congregation

Richard designs a new computer printer, which he names "PrintQuick." He also writes the operating manual to be included with each final product. Richard could obtain patent protection for a. the printer only b. the printer, the name, and the operating manual c. the name only d. the operating manual only

a. the printer only

The Weeping Willow makes and sells a chocolate-flavored coffee drink under the name "WoWoWillow." Starbucks, Inc., realizing the stiff competition, later markets a similar tasting drink under the name "Whoa Whoa Whilloh." This is most likely a. trademark infringement b. patent infringement c. none of the choices d. copyright infringement

a. trademark infringement

Riley offers to pay Samuel to pick up and file certain legal documents by 4:30 p.m. this afternoon. Samuel can accept the offer only by completing the task within the deadline. If he does, Riley and Samuel will have a(n) a. unilateral contract b. executive contract c. void contract d. bilateral contract

a. unilateral contract

If you were a Thibodaux business looking to bring a lawsuit for a nationally registered trademark violation, where would you file your lawsuit? a. 5th Circuit Court of Appeals -- Federal Appellate Court b. Eastern District Court -- Federal District Court c. 17th Judicial District Court -- State District Court d. First Circuit Court of Appeal -- State Appellate Court

b. Eastern District Court -- Federal District Court

What is a more serious crime? a. Misdemeanor b. Felony

b. Felony

Julie is rear ended by Gonzo while waiting in the drive-thru at Off the Hook. Ugh, the price we must pay for a delicious shrimp poboy! In the months following, Julie had incredible back pain that would keep her up at night. She could not get a good night's sleep, and she was unable to participate in her dodgeball league, which she loves. What kind of damages are these? a. Monchuckery b. General c. punitive d. Special

b. General

In the middle of the night, Katherine is suddenly struck with a brilliant new idea for a product. The name of it is clever, and she does not want anyone to take it. Where should she go to ensure she will be the only person who has the right to use this unique new name? a. Lafourche Parish Clerk of Court b. U.S. Patent and Trademark Office c. Louisiana Secretary of State d. 17th Judicial District Court

b. U.S. Patent and Trademark Office

President Donald Trump sues the New York Times for defamation. What must be proven for him to collect damages? a. compensatory damages b. actual malice c. negligence d. punitive damages

b. actual malice

Louis--larger and stronger than Mica--threatens to hit Mica before running up, actually hitting, and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for a. assault but not battery b. assault and battery c. neither assault nor battery d. battery but not assault

b. assault and battery

Margaret tells Roy she will give him a new ipad if Roy promises to cut her grass for a month. Roy promises to do the chores but has not yet begun to do them. Margaret and Roy have formed a(n) a. unilateral contract b. bilateral contract c. unenforceable contract d. void contract

b. bilateral contract

Fast Food Suppliers operates a fleet of deliver trucks. When one of the trucks is positioned to receive a large load, it strikes a storage mobile owned by Miller's Mansions. For the cost of repairing the damage to the storage mobile, Miller?s Mansions is most likely to be awarded a. contingency fees b. compensatory damages c. up front flat fees d. punitive damages

b. compensatory damages

Todd signs a lease with Audubon Apartments to lease a one-bedroom apartment for the next year for $650 per month. Daisy signs on Audubon Apartment?s s behalf as their agent. Todd and Audubon Apartments have executed a(n): a. implied contract b. express contract c. simple contract d. no contract

b. express contract

Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI's permission, to consumers. This is most likely a. copyright infringement b. patent infringement c. trademark infringement d. none of these choices

b. patent infringement

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

b. refuses to leave when Jessica asks him to

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

b. the causation in fact AND the proximate cause of the injury

Tyler believes he was overcharged for a meal at a local establishment, and in a fit of rage, he shoves Jennifer, the Waitr driver who delivered his food. Jennifer sues Tyler, alleging that the shove was a battery. Tyler is liable if a. Jennifer did not see it coming b. the shove was harmful and offensive c. The restaurant had not overcharged Tyler d. he acted out of malice

b. the shove was harmful and offensive

Ron, the manager of Walmart, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina a. had not shoplifted in the past b. was detained for an unreasonably long time c. had probable cause to leave the premises d. did not actually shoplift

b. was detained for an unreasonably long time

If your boss requires you to commit a crime as a part of your job, you should: a. All of these choices. b. Absolutely do it. Must please the boss! c. Never commit a crime at any time for any reason. d. Way the pros and cons using the utilitarian perspective of business ethics.

c. Never commit a crime at any time for any reason.

During his trial, the prosecution attempts to call Gene as a witness. They think that if they are able to question him as to his whereabouts the night of the crime they will catch him in a lie. What amendment prevents them from calling him as a witness in his own trial? a. Eighth b. Fifth c. Sixth d. Fourth

c. Sixth

Holding a patent for a brand new computer chip, Beastmode Productions, Inc., finds out that a rival company has copied their chip's design. Beastmode Productions, Inc., can seek which one of the following for this patent violation a. injunction b. Attorney's fees c. all of these choices d. monetary damages

c. all of these choices

A battery would be classified as: a. a tort b. a crime c. both a tort and a crime d. neither a tort nor a crime

c. both a tort and a crime

Chad is injured in an incident caused by Jared. Chad suffers lost wages, medical expenses, and pain and suffering. Chad files a tort action against Jared, seeking to recover for these losses. How would these damages be classified? a. future damages b. reimbursement damages c. compensatory damages d. punitive damages

c. compensatory damages

Bored out of his mind in his home office, Professor Gouaux choreographs the hottest viral dance to sweep the quarantined nation. It is 3 minutes and 37 seconds of pure bliss. In trying to imagine how big it is, think bigger than flossing. Is there anything he could use to protect this choreographed dance? a. trademark b. trade secret c. copyright d. patent

c. copyright

Nicholls State University contracts with a construction company to build its new greenhouse. The elements of this, and any other contract include: a. marketability b. capability c. legality d. necessity

c. legality

Ralph, an uber driver who is delivering a bowl of queso from El Paso, causes a multi-vehicle accident on a city street. Ralph is liable to a. only those who were uninsured b. all those who were injured c. only those whose injuries could have been reasonably foreseen d. only those whose vehicles were closest to Ralph's car

c. only those whose injuries could have been reasonably foreseen

Innovative Computer Systems designs and makes a computer switchboard that copies parts of Dell Computers' designs without Dell's permission. This is most likely a. none of the choices b. trademark infringement c. patent infringement d. copyright infringement

c. patent infringement

Joseph publishes a book titled Business Law: The Greatest College Course, which includes a chapter from Frank's copyrighted book Torts: A Tale of Terror without his permission. Joseph's use of the chapter is actionable a. only if consumers are confused AND Joseph and Frank are competitors b. only if consumers are confused c. regardless of whether consumers are confused or Joseph and Frank are competitors d. only if Joseph and Frank are competitors

c. regardless of whether consumers are confused or Joseph and Frank are competitors

Fred is in quarantine and alone in his home. With all of his spare time, he wants to help the people lf Lafourche Parish, and he invents a new deep-sea fishing net, which he names "Great Catch." He also writes the operating manual to be included with each net. Fred could obtain copyright protection for a. the manual, the net, and the name b. the net only c. the manual only d. the name only

c. the manual only

Chris distributes a flyer in his neighborhood that accuses his neighbor, Brad, of being a convicted felon. The statement is defamatory only if a. the statement is true b. Brad suffers emotional distress c. the statement is false d. a neighbor repeats it

c. the statement is false

A ________ is a civil injury designed to provide a remedy or damages for injury to a protected interest. a. trademark b. crime c. tort d. patent

c. tort

While walking down the bread aisle at Rouse's, Mildred tripped on a very uneven area of the floor. Apparently, there was a display previously on top of this area, but the display had been recently moved by a Rouse's employee rearranging some items. Mildred suffered numerous injuries because of her fall. In a suit against Rouse's, Mildred will most likely a. lose, because Mildred should have exercised reasonable care b. lose, because Mildred should have exercised more care c. win, because tripping on an uneven floor is foreseeable, and Rouse's had a duty to warn customers d. win, because Rouse's can, in turn, recover from the display vendor

c. win, because tripping on an uneven floor is foreseeable, and Rouse's had a duty to warn customers

Gene is driving his 2014 Ford Fusion when he is suddenly pulled over by a Thibodaux Police Officer. When asked why he was pulled over, the officer said, ?no reason.? He then asks Gene to pop his trunk, which Gene refused. The officer reached his hand into the vehicle and pressed the button that popped the trunk. Upon opening, the officer discovered a bag of a substance later discovered to be?..cocaine. What amendment will prevent the prosecution from using this cocaine against Gene at his trial? a. Eighth b. Fifth c. Sixth d. Fourth

d. Fourth

Who is responsible for prosecuting crimes in Lafourche Parish? a. President of the United States b. The victim of the crime c Louisiana Governor d. Lafourche Parish District Attorney

d. Lafourche Parish District Attorney

At his criminal trial, Gene?s BEST friend, Tim, takes the stand. Tim states that he has personally observed Gene on multiple occasions selling drugs to others. Gene knows this is false, so he desires to question Tim about his statements. However, the judge refuses to let Gene?s lawyer cross examine Tim. What amendment does this violate? a. Eighth b. Fourth c. Fifth d. Sixth

d. Sixth

Bribery is an example of what kind of crime? a. Crime of violence b. Property Crime c. Public Order Crime d. White-Collar Crime

d. White-Collar Crime

With the world economy in turmoil, Tony is uneasy about his recent plans to expand into Europe. He no longer wants to build a factory there. However, he has located a partner who has agreed to print his items in Europe and sell it there if Tony will grant him the right to produce his trademarked items. This demonstrates what kind of agreement? a. a streaming agreement b. a contingency fee agreement c. an acceptance agreement d. a license agreement

d. a license agreement

The four components to the Duty-Risk Analysis are: a. duty, risk, cause in fact, liability b. duty, liability, breach, causation c. duty, risk, causation, damages d. duty, breach, causation, damages

d. duty, breach, causation, damages

What is not an element of a contract: a. consideration b. agreement c. contractual capacity d. formality

d. formality

Which of the following would not be an example of a fixed durable medium? a. a website with short stories b. mp3 file with a song c. canvas with a painting d. none of these choices

d. none of these choices

Who can use the underlying ideas in a copyrighted work

Anyone

An agreement is made up of what two parts? A. Offer and Consideration B. Acceptance and Offer C. Acceptance and Consideration D. None of the above

B. Acceptance and Offer

Which of the following would not gain copyright protection? A. A DVD B. An unrecorded speech C. Written lyrics D. A sculpture

B. An unrecorded speech

Ryan - larger and stronger than Chad- sprints toward Chad with a metal pipe while threatening to beat him up. Thankfully, before he got to Chad, Ryan tripped, and Chad was able to scurry away. Chad will most likely recover for: A. Assault and Battery B. Assault but not Battery C. Battery but not Assault D. Neither Assault nor Battery

B. Assault but not Battery

Robert is sued for battery by Chad. Chad asks the jury for $45,000 to pay for his medical expenses related to the incident in addition to pain and suffering. What kind of trial is this? A. Criminal Trial B. Civil Trial C. Intellectual Property Trial D. None of the above

B. Civil Trial

Gene is tried for the crime of bribery by the Lafourche Parish District Attorney, and he is found not guilty by the jury. Immediately, the district attorney sets a new trial date for the exact same crime. What amendment protects Gene from this? A. Fourth B. Fifth C. Sixth D. Eighth

B. Fifth

At Gene's trial, he is forced to take the witness stand against his will and answer questions from the prosecution. This is a violation of which constitutional amendment? A. Fifth Amendment B. Sixth Amendment C. Both the Fifth and Sixth Amendment D. Fourth Amendment

B. Sixth Amendment

The fancy latin word we use to describe the intent involved in committing a crime is: A. actus reus B. mens rea C. hamburgurus helperus D. Colander

B. mens rea

Victoria's Secret, a well-known lingerie company, found out that a man named Victor Mosley is running a small store in Kentucky called "Victor's Little Secret." Mosley sells guns and a variety of weapons. Does Victoria's Secret have a valid claim against Mosley for Trademark infringement? A. No, the goods being sold are substantially different B. Yes, the names of the stores are similar C. No, unless the stores have overlapping sales territories D. Yes, because Victor is making a profit using a similar trademark

A. No, the goods being sold are substantially different

Which of the following would be considered a misdemeanor? A. Shoplifting a pack of gum B. Armed Robbery C. Aggravated burglary D. MURDER

A. Shoplifting a pack of gum

In Louisiana, how many people are needed to convict someone of a felony? a. 0 b. 10 c. 12 d. 7

C. 12

John operates a restaurant and is charged with criminal violations related to local building codes, state regulations, and federal environmental statutes. The standard of proof to find him guilty is A. Preponderance of the evidence B. Unanimous verdict C. Beyond a reasonable doubt D. Clear and convincing evidence

C. Beyond a reasonable doubt

Gene has been charged with selling cocaine. He is arrested and immediately sentenced by a judge to 10 years in prison. This violates which constitutional amendment? A. Fifth Amendment B. Sixth Amendment C. Both the Fifth and Sixth Amendment D. Fourth Amendment

C. Both the Fifth and Sixth Amendment

Which of the following must the plaintiff prove as an element of the tort of battery? (a) Defendant intended to injure the plaintiff (b) Defendant intended to harm or offend the plaintiff (c) Defendant intended the action that caused the harmful or offensive contact with the plaintiff

(c) Defendant intended the action that caused the harmful or offensive contact with the plaintiff

Without warning, the police barge into Jen's home saying they wanted to look around to make sure there was not a dead body there. They do not have a warrant or probable cause. What amendment does this violate? A. Fourth B. Fifth C. Sixth D. Eighth

A. Fourth

This amendment is examined when the Supreme Court determines whether or not a procedure used for the Death Penalty is constitutional. (A) Fourth (B) Fifth (C) Sixth (D) Eighth

(D) Eighth

Alexa waves at Bella in friendly fashion and reaches out to pat her on the shoulder. Bella, who has a pathological fear of catching germs from others, recoils violently from the contact. Which of the following is correct? (a) Alexa has assaulted Bella because Bella reasonably feared contact that she (Bella) would find offensive (b) Alexa has not assaulted Bella because the contact that Alexa threatened would not have been regarded as offensive by a reasonable person (c) Alexa has assaulted Bella because Bella actually feared contact that a reasonable person would find offensive

(b) Alexa has not assaulted Bella because the contact that Alexa threatened would not have been regarded as offensive by a reasonable person

In most cases, a threat of violence made over the telephone cannot constitute an assault. Which of the following most accurately explains why not? (a) Because a reasonable person would not feel afraid as a result of hearing such a threat (b) Because the plaintiff would have no reason to believe the defendant would follow through with the threat (c) Because the violent contact threatened by the defendant would not be about to happen

(c) Because the violent contact threatened by the defendant would not be about to happen

Police pull Gene over and without speaking to him, immediately start searching his trunk. There, in his Camry, are stacks of unmarked bills, pounds of marijuana, and copious amounts of Taco Bell bags. Since they have searched Gene's vehicle without his permission, what constitutional amendment has likely been violated? (A) Fourth (B) Fifth (C) Sixth (D) Eighth

(A) Fourth

In the state of Louisiana, how many jurors are needed for a guilty verdict for a felony whose sentence does not include the death penalty. (A) Twelve (B) Ten (C) Seven (D) Six

(A) Twelve

Ivan develops a new watering machine, which he names "Quick Soak." He also writes the operating manual. Ivan can obtain patent protection for A. Design of the watering machine only B. Design of the watering machine, name, manual C. Name only D. Operating manual only

A. Design of the watering machine only

Which of the following would be an example of a white-collar crime? A. Armed Robbery B. MURDER C. Embezzlement D. Shoplifting

C. Embezzlement

Rob, the owner of a grocery store, believes he sees Gene taking cans of soup and putting them into his large jacket. He immediately yells at Gene and forces him into his back office where he questions him for over 11 hours. During this entire period, Gene is locked in the room and cannot leave. Rob has likely committed which intentional tort? A. Battery B. Defamation C. False Imprisonment D. Rob has done nothing wrong. No torts have been committed.

C. False Imprisonment

What is not an element of a contract: A. Agreement B. Consideration C. Formality D. Contractual Capacity

C. Formality

Manny is driving down the road adjusting his iphone, speeding, and swerving when he passes Randy's house. At that exact moment, Randy trips in his front yard and breaks his arm. Which of the following statements is true? A. Manny is responsible for Randy's injuries because he breached his duty of care. B. Manny is responsible for Randy's injuries because he was breaking the law while driving. C. Manny is not responsible for Randy's injuries because his breach of duty was not the causation for Randy's injuries D. Manny is not responsible for Randy's injuries because driver's are never responsible for injuries of anyone

C. Manny is not responsible for Randy's injuries because his breach of duty was not the causation for Randy's injuries

Ivan develops a new watering machine, which he names "Quick Soak." He also writes the operating manual. Ivan can obtain trademark protection for A. Design of the watering machine only B. Design of the watering machine, name, manual C. Name only D. Operating manual only

C. Name only

Aiden enters Big John's Fishing Store, and he notices that in the back corner there is construction. There are six signs that indicate the work area is dangerous, and no one is allowed back there. However, his curiosity gets the best of him, and he enters the workzone where he is slammed in the face by a tool. Is Big John's responsible for the damages to Aiden's face? A. Yes, Aiden was properly notified of the risk. B. Yes, a store owner is always responsible for damages that occur in their store C. No, Aiden was properly notified of the risk. D. No, a store owner is never responsible for damages that occur in their store

C. No, Aiden was properly notified of the risk.

Mark desires protection for a brand new invention he has designed. At the same time, he thinks the name of the invention is unique and does not want anyone to take it. How does he protect both of these items? A. Trademark the design of the invention and the name of the invention B. Patent the design of the invention and the name of the invention C. Patent the design of invention and trademark the name D. Copyright the name of the invention and patent the design of the invention

C. Patent the design of invention and trademark the name

Which of the following is part of the duty-risk test? A. Duty B. Breach of duty C. Causation D. Damages E. All of the above

E. All of the above

Which of the following must be proven in order to hold someone liable for negligence? A. Duty B. Breach of that duty C. Causation D. Damages E. All of the above

E. All of the above

Whenever mark is substantially copied (intentionally or unintentionally), the owner has action for________

Infringement

Do generic terms receive protection?

No

Descriptive, geographical terms are usually not protected, unless there is a secondary meaning True or false

True

The first person to file a patent, not invent, gets protection True or false

True

Is trade dress subject to the same protection as trademarks?

Yes

Lance slips and falls on a freshly mopped floor in his local café, and he suffers injuries. There was no sign indicating the floor was wet. Lance files a suit against the café and is awarded a judgment for $100,000. If Lance is 20 percent at fault and the café is 80 percent at fault, under a comparative negligence doctrine, Lance would recover a. $80,000.00 b. $0.00 c. $20,000.00 d. $50,000.00

a. $80,000.00

Catherine is driving a car in which Don is a passenger when an accident occurs. Neither is physically hurt. Catherine is not liable to Don on a negligence theory because a. Don was not injured b. Catherine did not apparently intend to cause the accident c. both parties were emotionally rattled d. Don must have been comparatively negligent

a. Don was not injured

Driving through small-town South Carolina, Gene is driving 55 mph in a zone that only allows a vehicle to travel at 35 mph. He is pulled over and cited for the violation. He appears for his court date where the judge sentences him to life in prison. What amendment does this violate? a. Eighth b. Sixth c. Fifth d. Fourth

a. Eighth