Legal Business 3

retirement

"The United States Federal Courts" section - "all states have a mandatory retirement age (e.g., age 70)."

copyrights

Copyrights held by individuals last for the life of the creator of the copyrighted work, plus 70 years, while copyrights held by corporations last for 95 years.

copyrights protect

Copyrights: protects expression of idea, not the idea itself."

Your company has just received a patent for the first car that can both fly and go underwater. Your competitor company has also been working on a car that can fly, using the same technology as your work, but cannot go underwater. When that company files for a patent, on what grounds will it be rejected? Choose the best answer.

Its car is not novel

In a criminal trial, the state presented evidence that, beyond a reasonable doubt, proves Cora is guilty of a crime. Nevertheless, when the jury returned, it found Cora not guilty. Jumping for joy, Cora's lawyer informs her that this appears to be

Jury nullification

The Supreme Court of the United States has appellate jurisdiction

Over cases in both law and equity

American courts' power to determine whether a law is unconstitutional is:

judaical review

fair use

only an exception to copyrights

STATEMENT 1: A case involving an appeal from a decision of the Court of Federal Claims would be heard by the Court of Appeals for the Federal Circuit. STATEMENT 2: The Supreme Court has consistently ruled that Congressional intent tends to disfavor arbitration agreements.

1 - True; 2 - False

evaluating testimony

1) ability to be a witness (powers of observation) (2) consistency (internal - with himself; external - with others) (3) motivation (e.g., to lie) (4) known integrity/wisdom of the witness (his/her reputation) (5) verisimilitude (appears to be true) (6) demeanor of the witness"

In the state of Florida, how many jurors, at a minimum, are required for a misdemeanor criminal case?

6

All of the following are pretrial civil devices except:

Bond

Jim is charged with murdering Gina. Though the majority of the jury feels Jim's testimony is a lie, and they believe that Jim is guilty, the jury concludes that there simply is not enough evidence to convict Jim. Thus, Jim is acquitted. A few months later, new evidence is found among the many items lawfully seized then, in an unrelated matter, from Jim's car. It is a letter written by Gina to Jim asking Jim to forgive Gina for the harm that she has done to Jim; in her letter, Gina implores Jim to abandon his plans of payback. Appended to the note, in Jim's handwriting, are the words, "No way. I'm gonna get her!" A second appended remark, dated a few days later, and in blood matching Gina's DNA, says, "And I did!" Because the newer evidence can prove that Jim is guilty, prosecutors:

Can charge Jim with perjury,hose who maintain during their trials that they were innocent, and state falsehoods (e.g., about the fact of the case) could face possible perjury prosecutions after belatedly acknowledging their guilt.

Ekin Genetics recently discovered the precise location and sequence of BCRA 4 and BCRA 5 genes. When these genes mutate, it can dramatically increase an individual's risk of developing malignant mesothelioma. Before Ekin Genetics discovery of the BRCA 4 and BRCA 5 genes, scientists knew that heredity played a role in establishing a person's risk of developing malignant mesothelioma, but they did not know which genes were associated with malignant mesothelioma. Ekin Genetics applied for a patent that if valid, would give it the exclusive right to isolate an individual's BRCA 4 and BRCA 5 genes to test for mutations. The patent office should:

Deny the application because discovery itself is insufficient.-Although the range of patentable 17 subjects is broad, some things cannot be patented: natural phenomena (e.g., photosynthesis, or a newly discovered plant or mineral), abstract ideas, perpetual motion devices, or simple 'mental steps', and so- called laws of nature. Discovery itself is insufficient: there must be applied science

Freddy is charged with killing Teddy and has a bullet inside of him that was from the gun of Teddy. Freddy is living his life fine with the bullet inside of him because removal was not medically necessary (indeed, its removal involves some medical risk). If there is no other form of evidence to convict Freddy, the courts, upon a request from the prosecution or other duly constituted authorities, likely will:

Deny to the state the right to remove the bullet, because that would violate one or more provisions of the Bill of Rights

Which of the following countries DOES NOT have judicial review?

England

In July, a new restaurant called Hamburgerz opened up in Gainesville. The restaurant features the exact same décor as the McDonalds right next door. McDonalds catches wind of this, and decides to sue Hamburgerz. What will most likely happen?

Hamburgerz will be held liable under the Lanham Act for violating trade dress.

Mark is the holder of the trademark for "Cramming Corner" a company that specializes in assisting students in their college classes and has held for the trademark for nine years. He is now worried about the future of his trademark and wants to know if as any recourse to keep his trademark active. As his good friend that has studies business law what would you tell him?

He must refile his trademark within a year

Jason decides to take on a new business venture of producing dolls. Jason decides to call his dolls "Rugrats" after a popular TV show from when he was a kid. The dolls end up looking a lot like the kids from the "Rugrats" show. Jason's dolls would be considered:

Palming off-Consider the world of dolls for examples of IP infringement. Whether a trendy toy or an amazing "action figure," a similar doll that is likely to cause customer confusion about the identity of its maker could be deemed a palming off, a type of infringement. Palming off is "the outright stealing of a design [...] or, more subtly, leeching off the public goodwill associated with a particular intellectual property.

Brutus Buckeye just developed a wonderful new tattooing method where one can convert gold-plated panels into a whole sleeve of custom ink. If he wants protection for his invention, but also wants others to be able to expand upon his invention, what is Brutus's best choice of intellectual property protection?

Patent

Andrew has been fishing all afternoon along a remote part of the Hillsborough River, with no luck. He decides to move downstream to a different part of the river to try his luck there. He revs up the motor and begins speeding at 25 miles/hour down the river. He doesn't notice a small campsite on the shore, or the child who is swimming in the river near the campsite. The child is struck by Andrew's propeller and severely injured. The child's parents hire Pete, a personal injury lawyer, to sue Andrew in tort. Which of the following would help to create "negligence per se" on the part of Andrew?

Pete discovers a current and applicable Florida ordinance making it unlawful to travel in a watercraft faster than 15 miles per hour within 300 yards of a campsite. The law was passed because swimmers were so frequently injured by speeding motorboa

Dunk 'Em Donuts is a successful fast food chain offering baked goods and delicious, fresh coffee to its patrons. The Dunk 'Em Donuts in Gainesville, Florida is located on the second floor of a shopping plaza, and has a window that looks out upon the sidewalk below. Early one morning, Rita Roadrunner is jogging past the Dunk 'Em Donuts shop, which is not yet open. Only Tom, a Dunk 'Em Donuts employee, is in the building, brewing the coffee and setting out the baked goods in preparation for the store opening. As Rita crosses beneath the windowsill of the bakery, a carafe of hot coffee suddenly falls onto her, scalding her upper body. Even w/ the protective layer of her jogging suit, she suffered numerous burns and spent months in the burn unit at Shands Hospital. On what theory should Rita proceed in her lawsuit against Dunk 'Em Donuts?

Res Ipsa Loquitur

Article 22

The Article 22 provisions prevent the use of a misleading geographical name which although literally true "falsely represents" that the product comes from somewhere else. For example, suppose that a coffee is sold in the United States as "Columbian Coffee." The coffee is indeed from a town in the Central American nation of Belize called Columbia. Most Americans, at least those not suspicious because of the spelling of "Columbia," buy the product believing it to be from Colombia, the South American nation. The phrasing, "Columbian Coffee," while literally accurate, could constitute a misleading label in violation of TRIPS Article 22."

Geographic region

The World Trade Organization (WTO)'s TRIPS agreement "prevent[s] the use of a misleading geographical name...[that] falsely represents that the product comes from somewhere else." L

What happens once a patent expires?

The invention is dedicated to the public.

The textbooks teach us that it is very difficult to overturn a jury verdict. Which of the following is not a legitimate reason for a judge to overturn a jury verdict?

The judge's different reading of the evidence

trade secret

The trade secret is the oldest and simplest form of intellectual property. It remains a widely used form of intellectual property protection, in part because patents and copyrights eventually expire while trade secrets (similar to trademarks) have no maximum period of duration (one can lawfully hold onto and own a trade secret as long as it is kept secret).

The entrapment defense will FAIL if:

There was a predisposition to commit the crime

The Vikings played a significant part in the origins of the English jury system.

Throughout the 9th and 10th centuries almost half of present-day England was ruled by Scandinavians...in what was called the Danelaw (in effect, land ruled by the laws of the Danes- i.e. the Vikings)."

Which of the following is a circumstance in which the U.S. Supreme Court has original jurisdiction?

When two states are opposing parties.

Ralph, an aspiring small business owner, comes up with the best business idea. He is going to sell his state of the art invention that allows people to make coffee wherever they 11 go. Then he comes up with an even more amazing name, "Chopendul." What sort of protection should Ralph use to stop people from stealing the name?

While there is an element of patents, the question concerns how Ralph can protect his marketing ideas or brand images. Therefore, trademark law is concerned.

A fallacy that involves attacking one's character instead of one's argument is also known as:

ad hominem

Bob and his roommate Pat are fighting over who gets to keep the television from their apartment when they move out. The case is emotionally charged and neither one wants to jeopardize their friendship. They do not have a written or oral contract regarding the television. Both equally shared the cost of purchasing the television. Neither side wants to take the case to trial, yet they want, more than anything else, a binding resolution. What is their best way to handle the situation?

arbitrition

Plaintiff proves that Defendant violated the Federal, Food, Drug, and Cosmetics Act as well as a comparable state statute. To win a negligence suit against Defendant, Plaintiff only needs to also to prove:

that Plaintiff was harmed because of Defendant's violations

Ten-year-old Timmy and his father, Donald, enjoy hunting together in the Ocala National Forest. Timmy has been handling a gun since he was seven, and has blossomed into a skilled hunter, rarely missing his furry targets. One afternoon, Timmy is in a tree with his gun and Donald is several hundred yards away, out of sight. Timmy sees some movement in the brush below him and immediately aims and shoots. He hears a human cry and realizes he has shot Henry, another hunter. Henry is severely injured and must be hospitalized. Henry sues Timmy and Donald for negligence. What standards of duty will apply?

timmy will be held to a standard based on his own experience and knowledge; Donald will be held to a reasonable person standard.

At a business convention, Smith tells his competitor, Wesson, of Smith's plans to market a new computer game called "Turkey Shoot." Wesson does not see any plans, diagrams, notes, or other information about "Turkey Shoot." Wesson also does not see the computer game, which Smith has not yet produced. But Smith does explain to Wesson in detail the game ideas for "Turkey Shoot." Immediately after the convention, Wesson rapidly develops and then markets nationwide a game, "Chicken Ship," which is similar to the "Turkey Shoot" game Smith had described to Wesson. Meantime, copies of Smith's "Turkey Shoot" game are just about to be sold in thousands of retail outlets throughout the United States. What is Smith's best theory for holding Wesson liable and thus preventing Wesson from continuing to market "Chicken Ship"?

unfair competition