FINA 2244 Exam 2
If you register trademark under the Lanham Act, the registration is good for: -fifty years plus the life of the creator -five years -twenty years -seventeen years -ten years
ten years
The legal standard articulated in MacPherson v. Buick Motor, regarding negligence in of producers of products dominated product liability law until: -1945, when the Restatement of Torts was adopted -the 1960s, when strict liability was added -1929, when the Great Depression began -1890 -1914, when World War I broke out
the 1960s, when strict liability was added
Real property includes: -patents -furniture -all the other choices -trees -trucks
trees
Service marks, such as "Home of the Whopper," a Burger King slogan, are protected by the Lanham Act. -true -false
true
The Lanham Act provides for trademark protection. -true -false
true
Traditionally, trademark protection was created by priority of use. -true -false
true
In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on: -fraud in sales -none of the choices -breach of contract -negligence in construction -privity in contract
-none of the choices
Suppose a team of artists who work for Fox draw The Simpsons television program and Fox owns the copyright. The length of the copyright is: -forever -95 years -70 years -50 years -21 years
95 years
Claude Farmer wants flooring material to put in his dairy barn so that his prize cows will not have to stand on concrete. Julie Salesperson assures Claude that Like-A-Cloud rubber flooring will provide adequate cushioning for Claude's herd. Based on her assurances, Claude buys the flooring. He has: -a warranty of fitness for a particular purpose -no warranty at all -none of the choices -a warranty of habitabilty -an express waranty
An express waranty
A manufacturer of a commercial french-frying machine was sued after someone using the machine reached in to retrieve an item that had fallen out of his shirt pocket. The plaintiff was seriously burned as a result. The appellate court upheld the trial court's decision that imposed liability on the manufacturer based on: -unknown hazard -design defect -negligence -failure to warn -none of the other choices
Design Defect
Property law in the United States has developed from: -the Norman law of the fifth century -the Jus Gentium -the Jus Civile -English common law from centuries ago -the Roman Justinian Code
English common law from centuries ago
An easement is generally described as: -a right to use intellectual property -a burden on another person's estate -a future interest in personal property -a conversionary right to personal property -a negative interest in personal property
a burden on another person's estate
The most common way in which to transfer ownership interests in property is through: -a deed -a devise -tenancies in the extremity -easements appurtenant -a will
a deed
The purchase of property by two or more persons who have the same interest in the undivided possession of the property and has a right of survivorship is: -a fee common -a tenancy in common -a life estate -a joint tenancy -none of the other choices
a joint tenancy
The right to remove valuable minerals or oil from the land of another is called: -a profit -none of the other choices -a convenant -a fee absolute -a possession
a profit
During the 20th century, when consumers were injured as a result of using defective products, courts adopted a new legal standard that could apply to such cases, so that negligence was no longer the only standard: -a business exemption standard -a comparative negligence standard -an assumption of risk standard -a caveat emptor standard -a strict liability standard
a strict liability standard
Real property includes which of the following: -land -all of the other choices -oil -buildings -trees
all of the other choices
Which of the following is not needed to establish the tort of intentional misrepresentation: -all of the other choices are necessary elements to show the tort existed -intent to induce reliance -relationship between the parties -scienter or intent to defraud -justifiable reliance by the plaintiff on the misrepresentation
all of the other choices are necessary elements to show the tort existed
Which of the following is not a condition needed to establish adverse possession: -open possession -exclusive possession -actual possession -hostile possession -all of the other choices are needed to establish adverse possession
all of the other choices are needed to establish adverse possession
At law, the word tenant generally refers to one who: -leases real property from another for a fixed period of time -has clear ownership of land -all of the other choices are possible -leases real property from another for an indefinite period of time -has been granted a life estate in some property
all of the other choices are possible
False imprisonment is the deprivation of a person's liberty without justification. To establish a cause of action, the plaintiff must show: -all of the other specific choices must be shown -that their right to freedom of movement was violated -the restraint was intentional -none of the other specific choices need be shown -the defendant restrained the plaintiff
all of the other specific choices must be shown
Which of the following is least likely to be grounds for a suit for defamation by an employee who has been fired for poor performance: -none of the other choices are solid reasons for defamation suits likely to be successful -all of the other choices are solid reasons for defamation suits likely to be successful -an employer tells another employer about problems caused by an employee -an employer tells the media about problems caused by an employee -an employer tells employees in the same office about the reasons for the dismissal
an employer tells employees in the same office about the reasons for the dismissal
Waivers of liability or exculpatory clauses: -none of the other choices -are against common law public policy -are allowed in many instances if clear to the party signing one -are allowed in a narrow range of instances when approved by the Restatement of Torts -are not permitted by statute in most states
are allowed in many instances if clear to the party signing one
Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of: -defamation -battery -duress -assault -false imprisonment
assault
Defenses to a negligent act include: -res ipsa loquitor -all of the other choices -assumption of the risk -existence of a substantial factor -existence of proximate cause
assumption of the risk
The motto "Union Made in the USA" is a: -trade dress -service mark -copyright -trade name -certification mark
certification mark
Traditionally, personal property was referred to as: -none of the other choices -chattel -aggregate property -quasi in rem property -property in rem
chattel
Intentional torts: -are determined by state statute -only concern actions that inflict harm on humans -are based on careless actions of defendants -none of the other choices -concern the interference with personal or property rights
concern the interference with personal or property rights
To download Nintendo games on the Internet, where others could then copy them freely, is a violation of which intellectual property rights: -trademarks -none of the other choices; the Internet is public domain -patents -trade secrets -copyrights
copyrights
What allows exclusive control over original written works, musical compositions, art and photography; including control over reproduction, display and derived works: -trade marks -patents -trade names -copyrights -servitudes
copyrights
The rule concerning ultrahazardous activities has been applied to: -airplane crashes -crop dusting -all of the specific choices -restaurant food -none of the choices
crop dusting
You tell people that someone you dislike is a child molester. This is not true. You most likely committed the tort of: -malicious prosecution -libel -defamation -assualt -invasion of privacy
defamation
Which is not a trademark class: -descriptive -distinctive -generic -arbitrary and fanciful -suggestive
distinctive
The power to take private property for public use without consent of the owner is: -easement publica -privity -eminent domain -Lanham Act action -caveat emptor
eminent domain
Reckless or outrageous conduct that creates severe mental torment may be the tort of: -emotional distress -battery -libel -slander -invasion of privacy
emotional distress
An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(an): -none of the choices -product warranty -express warranty -implied warranty -caveat emptor
express warranty
If a work is in the public domain because it was never copyrighted, the first person to file for a copyright will own the copyright on the work. -true -false
false
Once a patent is issued in the U.S., Japan, or the EU (the European Patent Office), under World Intellectual Property Organization rules, it is good in all three of those jurisdictions. -true -false
false
Patents may not be granted for changes in manufacturing processes, because those are purely commercial. -true -false
false
In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property: -is safe for public admission -is surrounded by guards at all times -owner owes the public no particular duty of care -none of these -is owned by the person who runs the business
is safe for public admission
Maria opens her refrigerator door to get a bottle of "Diet Wrong" soda. When she grabs the bottle it explodes, cutting her badly. Expert examination of the bottle fragments do not reveal anything wrong with the bottle. Her lawsuit against "Diet Wrong" will likely result in the producer being held: -not liable for lack of evidence of defect -liable in strict liability for producing a defective product that injured a consumer -not liable because of contributory negligence by Maria -liable for violating the Magnuson-Moss Warranty Act -not liable; the lawsuit must be filed against the company that produced the bottle
liable in strict liability for producing a defective product that injured a consumer
The tort of printed or written defamatory communication is: -privilege -slander -conversion -libel -negligence
libel
Chuck eats two pounds of potato chips a day for 20 years. He becomes obese and dies from high blood pressure at age thirty. Doctors attribute his death to consumption of the chips. In a suit against the chip makers, Chuck's heirs will probably: -lose because of lack of warranty -win because of the failure to warn consumers of dangers of such use -win because of implied warranty of safety of food products -lose because the U.S. Dept. of Agriculture had certified the chips as safe to eat -lose because of Chuck's assumption of risky behavior
lose because of Chuck's assumption of risky behavior
When an injured party is allowed to sue all manufacturers of a defective product, so that all these manufacturers might be liable together, this is sometimes called: -absolute liability -market share liability -strict liability -limited liability -none of the choices
market share liability
In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on: -privity in contract -fraud in sales -misrepresentation in advertisements -none of the choices -negligence in construction
misrepresentation in advertisements
The tort that protects individuals from harm based on careless and unintentional conduct is called: -none of the other choices -strict liability -negligence -absolute liability -conversion
negligence
The tort of misrepresentation can be based on: -intent not negligence -negligence or intent -deciet only -negligence but not intent -neither; it requires fraud
negligence or intent
A Pennsylvania court imposed strict liability on a gun manufacturer because of hearing losses caused by long-term users exposed to gunfire. The liability was based on: -a latent defect -express warranty -defective design -implied warranty -none of the answer choices
none of the answer choices
The legal standard articulated in MacPherson v. Buick Motor, regarding negligence in of producers of products dominated product liability law until: -1945, when the Restatement of Torts was adopted -1914, when World War I broke out -none of the answer choices -1901, when soldiers were poisoned in the Spanish-American War -1929, when the Great Depression began
none of the answer choices
The tort of misrepresentation can be based on: -neither intent or negligence; it requires fraud -deceit only -none of the answer choices -intent, but not negligence -nelgigence, but not intent
none of the answer choices
A man was injured while riding a mechanical bull owned by an independent contractor at a state fair. He paid to ride the bull and signed a form that he understood the risk of injury. After he was injured, he sued the fair that provided the ride for negligence. You would expect the court held that: -the fair and the owner of the ride could both be liable in negligence -none of the other choices -the fair was liable in negligence because it had the primary responsibility to its patrons not to provide dangerous amusements in a negligent manner -the fair was not liable because it did not own the ride; but the owner of the ride could be found liable in negligence because it knew of the dangers -the fair was not liable because it did not own the ride; but the owner of the ride could be found liable in strict liability because it knew of the dangers
none of the other choices
During the 19th century, parties injured by a defective product, who did not have a contractual relationship with the seller, were under the rule of: -none of the other choices -stare decisis -res ipsa loquitor -proximate cause -strict liability
none of the other choices
For liability to be imposed when negligence is alleged, in many jurisdictions, the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the ____ of the injury. -misappropriation -comparative negligence -superseding cause -none of the other choices -intervening conduct or strict liability
none of the other choices
Jemal is playing basketball at a school's outdoor court. Kevin asks if he can join the game. Jemal agrees. After playing for 15 minutes, Kevin is knocked to the ground. His wrist breaks. If Kevin sues Jemal for his injury, a court will probably find: -none of the other choices -Jemal committed a negligence tort -Jemal strictly liable for Kevin's harms -The school liable for allowing the court to be used -Jemal's acts where the cause-in-harm of Kevin's injuries
none of the other choices
The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is: -proximate cause -none of the other choices -express warranty -caveat emptor -strict liability
none of the other choices
The right to privacy is __________. -recognized by courts, even when information about a person is taken from public files and published -strongly protected if one is an entertainer, politician, or other "public personality" -none of the other choices -not applied to photographs or other visual representations -one created by statute in most states
none of the other choices
The tort that protects individuals from harm based on careless and unintentional conduct is called: -none of the other choices -strict liability -several liability -absolute liability -conversion
none of the other choices
The intentional detention of a person may be the tort of: -battery -invasion of privacy -conversion -defamation -none of these choices
none of these choices
Which of the following is an intentional tort against real property: -invasion of privacy -none of the other choices -battery -nuisance -malicious prosecution
nuisance
Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of: -invasion of privacy -trespass to personal property -mental distress -trespass to property -nuisance
nuisance
Your neighbor burns old tires in his back yard. That produces fumes that go on your yard. That is likely the tort of: -public nuisance -assault -all of the other choices -conversion -private nuisance
private nuisance
Which of the following is not a category of trademarks: -suggestive -arbirtrary and fanciful -descriptive -proprietary -generic
proprietary
A major purpose of tort law is to: -ensure the effective operation of the Due Process Clause -replace the insurance industry -impose criminal penalties on the negligent -provide compensation for injured parties by wrongdoers -ensure Equal Protection of the 14th Amendment is operational
provide compensation for injured parties by wrongdoers
The International Silk Association uses the motto "Only silk is silk." That is a: -trade dress -certification mark -copyright -trade name -service marks
service marks
A business uses dangerous acid in production. It fails to warn a new employee of the risks involved in using the acid and the employee is injured. If the acid maker is sued, its defense will be that the business and the employee are: -in violation of federal safety regulations -ruthless capitalist oppressors -sophisticated users -accomplices -not covered due to lack of warranty
sophisticated users
Among the rights and duties of a landlord are: -the duty to pay in a timely manner -the right to inspect the property at any time -none of the other choices -the right to constructively evict -the duty to make essential repairs
the duty to make essential repairs
The title to property is: -the government's right to restrict use of privately held land -a right to use some land some time, for a limited purpose -the formal right of ownership -another word for a covenant -non-transferable
the formal right of ownership
A landlord rented space to a furniture store that would provide a good business environment. The landlord rented the next space to an exercise studio. The studio was very noisy, causing the furniture store to lose business. The store owner complained to the landlord, who would do nothing. The store owner broke the lease before it was up and was sued by the landlord. The court would be likely to hold that: -the landlord breached his duty of payment -the furniture store owner suffered constructive eviction -the furniture store owner owed the landlord damages for early termination -the landlord owed the furniture store owner no duties to quite the studio -none of the other choices
the furniture store owner suffered constructive eviction
The intentional tort of assault requires that: -the injured party have knowledge of the danger -there be physical contact with the body -all of the other choices -the defendant intended to injure the plaintiff -the injured party be detained against his or her will
the injured party have knowledge of the danger
The term of copyright protection is: -the life of the author -the life of the author plus 70 years -17 years -10 years -the life of the author plus 21 years
the life of the author plus 70 years
Which of the following is not an element needed to show negligence: -the wrongdoer intended to invade a protected interest of the injured party -a duty of care owed to the injured party was breached by an act of the wrongdoer -all of the above are necessary elements -there is a causal connection between the injured party's harm and the wrongdoer's conduct -the wrongdoer owed a duty of care to the injured party
the wrongdoer intended to invade a protected interest of the injured party
There are several key elements needed to establish the legal requirements for there to be an intentional tort. Which is not an element: -the wrongdoer knew what she was doing -the wrongdoer knew who would suffer the injury -the wrongdoer knew possible consequences of his act -the wrongdoer knew that certain results could occur -all of the other choices are necessary elements
the wrongdoer knew who would suffer the injury
An example of a generic trademark is: -clorox -dairy queen -bufferin -thermos -none of the other choices
thermos
The tort defined as the intentional and wrongful interference with possession of personal property of another without consent is: -battery to property -nuisance -trespass to personal property -conversion -negligent property use
trespass to personal property
"Exxon" is an arbitrary and fanciful trademark. -true -false
true
"Zipper" is an arbitrary and fanciful mark. -true -false
true
Cybersquatting occurs when a trademark is used improperly in a domain name. -true -false
true
If you invent a fictional character such as the Hulk, you have the right to obtain a trademark for the Hulk and sell the right to use the name and character for advertising purposes. -true -false
true
When two professors conducted a study of the American and the Japanese tort systems, they found that the: -American tort system if far superior in protecting consumers -Japanese tort system is far superior in protecting consumers -two systems are not all that different in results -two systems have major differences -two systems bear no comparison
two systems are not all that different in results
Which of the following are forms of deeds used in at least some states to promise that a clear title to property is being conveyed: -surface deeds -warranty deeds -all of the other choices -assurance deeds -interest deeds
warranty deeds
What is caveat emptor?
when the buyer is liable for looking over the product before buying it
