Final Exam Quiz Questions

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded​ compensatory damages. punitive damages. contingency fees. none of the choices.

compensatory damages

Tech Outsourcing, Inc., registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is​ ​cybersquatting. ​typosquatting. ​trademark infringement. ​trademark dilution.

cybersquatting

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​ defamation. not defamation because it is an opinion. not defamation because it was not communicated orally. not defamation because it was not communicated to more than one person.

defamation

​Fact Pattern 5-2 CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name. Still later, Call&Talk, Inc., uses the domain name "calltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations. Refer to Fact Pattern 5-2. By using a domain name similar to CallTalk's, CellTalk is most likely ​ ​diminishing the quality of CallTalk's mark. ​making a fair use of CallTalk's mark. ​licensing the use of CallTalk's mark to itself. ​engaging in smart competitive conduct.

diminishing the quality of CallTalk's mark

The branch of law dealing with the definition and enforcement of all private or public rights is​ administrative law. ​civil law. ​constitutional law. ​federal law.

civil law

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomic's competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is​ ​an effective marketing strategy. ​commercial bribery. ​creative legal bookkeeping. ​money laundering.

commercial bribery

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder Company-made ceiling beam. At the time, Frieda is not wearing a hard hat or any other safety gear. In Frieda's product liability suit against Girder, the company can most successfully raise the defense of​ design defect. inadequate warning. comparative negligence. product misuse.

comparative negligence

Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.​ true fase

true

When you download an application on your smartphone, you are typically entering into a license agreement.​ True False

true

The study of ethics goes beyond legal requirements to evaluate what is right for society.​ True False

true

To have standing to sue, a party must have a sufficient stake in a matter to justify seeking relief through the court system.​ true fase

true

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.​ True False

true

One purpose of criminal sanctions is to deter others from committing similar crimes in the future.​ True False

true

Public officials prosecute criminal defendants.​ True False

true

State laws protect individuals' privacy rights.​ true false

true

Owen files a suit against Perry. If Perry fails to respond,​ Owen must appeal the case to a different court. Perry's failure to respond will be considered a denial. Owen will not be awarded a remedy. Perry will have a default judgment entered against him.

Perry will have a default judgment entered against him

The Fourth Amendment protects against unreasonable searches by the government.​ True False

true

Gold & Sweet Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is a certification mark.​ ​none of the choices. ​a service mark. ​trade dress.

a certification mark

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except​ the design of the fans. the production process used to make the fans. the warnings on the labels of the fans. a consumer's unforeseeable misuse of a fan.

a consumer's unforeseeable misuse of a fan

Statutes passed by a state legislature apply within the state's boundaries. Laws enacted by the U.S. Congress pertain to the United States. Treaties between the United States and other nations can affect the signatories' relations. National law is​ law that pertains to a particular nation. law that has an extraterritorial effect. all law that is applied within a nation's courts, including international law and the law of another country. federal law, as opposed to state law.

a law that pertains to a particular nation

Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is​ a counterclaim. a motion for judgment on the pleadings. a motion for summary judgment. a motion to dismiss.

a motion for summary judgment

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as ​a certification mark. ​a collective mark. ​a service mark. ​a trade name.

a service mark

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include​ an explanation of the proof to be offered at trial. ​a statement refuting any defense that the defendant might assert. a motion for judgment on the pleadings. a statement alleging the facts showing the court has jurisdiction.

a statement alleging the facts showing the court has jurisdiction

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is​ ​a certification mark. ​none of the choices. ​a service mark. ​a trade name.

a trade name

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether​ a trial is being held. the court is appealing. the parties question how the law applies to their dispute. the subject matter of the case involves complex facts.

a trial is being held

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute​ administrative law. case law. constitutional law. statutory law.

administrative law

In deciding questions of corporate social responsibility, Waste Disposal & Recycling, Inc., is concerned with​ ​how the corporation can best fulfill any ethical duty to society. ​the effect on corporate profits of ignoring any ethical duty to society. ​whether the corporation owes any ethical duty to society. ​all of the choices.

all of the choices

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider ​Erna's intended use for the phone. ​DefDeals' method of accounting. ​ClearCall's quality control efforts. ​an available alternative design.

an available alternative design

Peak & Vale Accountants provides other firms with accounting services. Questions of what is ethical involve the extent to which Peak & Vale has​ ​a legal duty beyond those duties mandated by ethics. ​an ethical duty beyond those duties mandated by law. ​any duty beyond those mandated by both ethics and the law. ​any duty when it is uncertain whether a legal duty exists.

an ethical duty beyond those duties mandated by law

Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to ​ ​appreciate the wrongfulness of his conduct only. ​appreciate the wrongfulness of his conduct and obey the law. ​appreciate the wrongfulness of his conduct or obey the law. ​obey the law only.

appreciate the wrongfulness of his conduct or obey the law

The brakes on Dirk's Tour de Valle bicycle malfunction, but he continues to ride it because he likes the thrill of the unstoppable acceleration. One night, enjoying a fast downhill pace, he speeds through a stop sign and is struck by a truck. In Dirk's suit against Tour de Valle, the bike maker can raise the defense of​ commonly known dangers. assumption of risk. inadequate warning. product misuse.

assumption of risk

Invested Capital Corporation provides other firms with funds to expand operations. If Invested Capital strictly complies with existing laws, the firm's business ethics obligations will​ ​be entirely met. ​not be met. ​be partially met. ​not need to be met.

be partially met

Duncan is in charge of the ethics of Earth Eggs, Inc., an organic egg raising company. As part of this responsibility, Duncan is most likely not in charge of​ ​an internal company ethical code. ethics training programs.​ ​internal ethical audits. ​ethical reviews of employees' family members.

ethical reviews of employees' family members

Omni Corporation provides cell phones, laptops, and tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is​ ​a violation of the rights of Omni's employees. ​a matter for which Omni must obtain its employees' consent. ​a subject for dispute resolution by the communications providers that Omni uses. ​excluded from the coverage of the Electronic Communications Privacy Act.

excluded from the coverage of the Electronic Communications Privacy Act

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of​ puffery. fact. illusion. opinion.

fact

A copy must be exactly the same as the original to infringe a copyright.​ True False

false

A service mark distinguishes products used by those in public service.​ True False

false

As a defense to product liability, comparative negligence completely absolves a defendant of liability.​ true false

false

At the beginning of a trial, only the defendant's attorney makes an opening statement.​ true false

false

Common law is a term for the laws that are familiar to most of us.​ true false

false

Conversion is limited to theft.​ true false

false

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar.​ True False

false

Federal law permits the intentional interception of any wire, oral, or electronic communication.​ True False

false

Fraud occurs only when there is justifiable reliance on a true statement.​ true false

false

In a criminal case, the state must prove its case by a preponderance of the evidence.​ True False

false

It is not a crime to defraud the public through the use of e-mail advertising.​ True False

false

Only a defendant may file a motion for summary judgment.​ true false

false

Social media posts have no uses in litigation.​ True False

false

States do not have trademark statutes. true false

false

The First Amendment does not protect symbolic speech.​ true false

false

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.​ True False

false

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.​ True False

false

To successfully assert a design defect, a plaintiff has to show that no reasonable alternative design was available. true false

false

Using a domain name that is identical or similar to the trademark of another is legal.​ True False

false

​A crime can be committed only against persons. True False

false

Megan reaches into Ned's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve​ ​breaking and entering. ​force or fear. ​large amounts of cash. ​weapons.

force or fear

Millie and Noble dispute the quality of a set of patio furniture sold over the Internet. They agree to resolve their dispute in Come2Terms.com, an online forum. Like most online forums, Come2Terms.com applies​ general, universal legal principles. the provisions of the Federal Arbitration Act. jurisprudence developed by the United Nations. the law of California (or another specific U.S. jurisdiction).

general, universal legal principles

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of​ none of the choices. assumption of risk. comparative negligence. knowledgeable user.

knowledgeable user

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is​ ​robbery. ​forgery. ​larceny. ​no crime.

larceny

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is​ ​obtaining goods by false pretenses. ​robbery. ​larceny. ​no crime.

larceny

Criminal acts are prohibited by​ local statutes only. state statues only. ​federal statutes only. local, state, and federal statutes.

local, state, and federal statutes

Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it. This program is​ ​malware. ​badware. ​harmware. ​infectware.

malware

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can​ ​be prosecuted only for a crime about which she agreed to testify. ​not be prosecuted for any crime. ​not refuse to testify. ​refuse to testify.

not refuse to testify

D'Antoni files a suit in a federal district court against Enya. D'Antoni loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. D'Antoni asks the United States Supreme Court to hear the case. The Court is​ not required to hear the case. required to hear the case because D'Antoni lost in a federal court. required to hear the case because D'Antoni lost in a lower court. required to hear the case because it is an appeal.

not required to hear the case

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are​ avoidable by an alternative design. foreseeable. contrary to the instructions for the use of the product. obvious.

obvious

The employees of The Car Company share company-related resources among multiple computers without requiring a central network server. This is​ ​digital sampling. ​cybersquatting. ​cloud computing. ​peer-to-peer (P2P) networking.

peer-to-peer (P2P) networking

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the​: dormant aspect. positive aspect. negative aspect. active aspect.

positive aspect

Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without​ ​double jeopardy. ​probable cause. reasonable doubt.​ ​immunity.

probable cause

​Fact Pattern 5-1 Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. Instable Investments, Inc., sends e-mail ads to any e-mail address that Instable can find on the Web or otherwise generate. Refer to Fact Pattern 5-1. Sound Financials and Instable Investments are subject to the laws of the states in which they are located and do business. Thirty-seven states​ ​prohibit or regulates the use of spam. ​require the use of spam by business entities. ​ban the use of spam altogether. ​preempt the application of state law to commercial e-mail.

prohibit or regulates the use of spam

Mobile Device Company (MDC) discovers that defamatory statements about its policies and products are being posted in an online forum. NuView Inc., the Internet service provider whose users are posting the messages, refuses to disclose the identity of the person or persons responsible. MDC should​ ​seek to use the authority of the court to obtain the identity from NuView. ​bring a suit against NuView for publishing the statements. ​counter the statements with its own posts. ​post defamatory statements about NuView.

seek to use the authority of the court to obtain the identity from NuView

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​ defamation. no tort. slander of quality. slander of title.

slander of title

Mediocrité, Inc., makes and sells goods that are substandard. Nancy, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Nancy does not have​ certiorari. jurisdiction. standing. venue.

standing

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because​ Level Grade is a corporation. the activity is inherently negligent. the activity is extremely risky. the amount of liability can be added to the costs of construction.

the activity is extremely risky

At a meeting of employees, Fuel Injection Design & Manufacturing, Inc.'s managers announce the creation of a new company-wide code of ethical conduct and the initiation of an ad campaign to publicize the new code. They also say that any employees who do not adhere to the code will be discharged. The effectiveness of this code will be determined by​ ​the commitment of company leadership to enforcing the code. ​the extent to which the employees comply with the code. ​a marketing campaign posted online to tout the firm's ethical tone. ​management directing employees to "do as we say, not as we do."

the commitment of company leadership to enforcing the code

Copious Bounty, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by​ ​the companies that own the sites and the apps. ​retailers who have had to change their procedures to compete. ​spammers, cybersquatters, and typosquatters. ​Internet service providers.

the companies that own the sites and the apps

Flo wants to file a suit against Gerry. For a court to hear the case,​ Gerry must agree. the court must have jurisdiction. the parties must have no minimum contacts with each other. both parties must own property.

the court must have jurisdiction

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and​ the omission of a warning renders the pacemaker not reasonably safe. there is a reasonable alternative design. MedBeat did not use due care in making the pacemaker. Nina lacks insurance coverage.

the omission of a warning renders the pacemaker not reasonably safe

A Rhode Island state court can exercise jurisdiction over Standard Business Corporation, an out-of-state defendant, if Standard has minimum contacts with​ ​the state. the United States. any lawyer or law firm. any of the choices.

the state

Ballpark Sports field, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​ ​the answer. the complaint. the writ of certiorari. the summons.

the summons

Creative Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to ​all aspects of the software. ​the "look and feel" of the software. ​those parts of the software that can be read by humans. ​all of the choices.

those parts of the software that can be read by humans

Interactive Entertainment Corporation markets its products online. Through the use of cookies, Interactive Entertainment and other online marketers can​ ​track individuals' Web browsing activities. ​gain access to competitors' servers. ​"sweet talk" consumers into buying certain products. ​attack competitors' Web sites.

track individuals' Web browsing activities

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is​ ​cybersquatting. ​typosquatting. ​trademark infringement. ​trademark dilution.

trademark infringement

A licensor might grant a license allowing a trademark to be used as part of a domain name.​ True False

true

A marketing technique can be a trade secret.​ True False

true

A person's intent to return embezzled property—or its actual return—is not a defense to the crime of embezzlement.​ True False

true

After the defense concludes its presentation, the attorneys present closing arguments. true false

true

An employer may have a right to terminate a person based on his or her violation of the employer's social media policy. ​ True False

true

Any relevant material, including information stored electronically, can be the object of a discovery request.​ true false

true

Business ethics looks at the decisions that businesses make or have to make and whether those decisions are right or wrong.​ True False

true

Changing a trademark is forgery.​ True False

true

Copyright protection is automatic—registration is not required.​ True False

true

Discovery is the process of obtaining information from an opposing party before trial.​ true false

true

Ethics is the study of the principles that lead to financially successful conduct. ​ True False

true

Federal law prevents a provider of communication services—such as a cell phone company—from divulging private communications to certain entities and individuals.​ True False

true

Federal wiretapping law covers electronic forms of communication.​ True False

true

Felonies are punishable by imprisonment for more than a year or death.​ True False

true

In a few states, in suits brought in small claims courts, lawyers are not allowed.​ true false

true

Individuals who are arrested must be informed of certain constitutional rights.​ True False

true

Rowan registers a domain name—sweetfriedpotatos.com—that is a misspelling of a popular brand—sweetfriedpotatoes.com. This is​ ​cybersquatting. ​typosquatting. ​trademark infringement. ​trademark dilution.

typosquatting

Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury​ only if Thelma's injury was not reasonably foreseeable.​ only if Thelma's injury was reasonably foreseeable. only if the R&R crew was at fault. whether or not the R&R crew was at fault.

whether or not the R&R crew was at fault