LSB Final exam

Which of the following is intellectual or intangible property? A) a car B) copyrights and patents C) oxygen D) a tree

B) copyrights and patents

Intellectual property is an umbrella term for the legal property rights except: A) copyrights B) real property C) trademarks D) patents

B) real property

The highest and most comprehensive duty owed by a landowner to a person on the owner's property is owed to A) a licensee. B) an invitee. C) an accidental trespasser. D) an intentional trespasser.

B) an invitee.

Nearly __________ of the states have enacted criminal codes based on the Model Penal Code (MPC) adopted by the American Law Institute (ALI) in 1962. A) 2/3 B) 3/4 C) None of the choices are correct D) 1/2

A) 2/3

To which of the following would a dram shop law apply? A) Curley's Tavern B) Shemp's House of Pancakes C) Larry's House of Watches D) Moe's Barber Shop

A) Curley's Tavern

Products liability law arises from A) state common law. B) both state statutes and state common law. C) state statutes. D) the Uniform Law of Product Liability as adopted by each of the states.

B) both state statutes and state common law.

Carl Critic has just announced his choices of the worst Hollywood actresses of the year, and Stella Starr has been named the worst of the worst. Carl's announcement, made in his weekly column titled "Random Musings by Carl Critic" and published in the local paper, claims that he believes her to have the least amount of talent in the movie industry and that she "can't act her way out of a paper bag." When Stella reads Carl's column, she immediately starts to cry hysterically and then decides to sue him. Does she have a valid case of libel? A) No, this was merely Carl's opinion. B) Yes, her crying proves injury. C) No, Carl committed slander, not libel. D) Yes, but only if his statements cause her to lose money by losing movie roles.

A) No, this was merely Carl's opinion.

Which of the following is not a situation in which strict liability applies? A) T.J. manufactures cheap clothing that falls apart after minimal use. B) Faye owns a business in which she regularly uses explosives. C) Amanda owns a pet tiger that she keeps in her home in a suburban neighborhood. D) Aimee manufactures snack cakes that are sold in small grocery stores.

A) T.J. manufactures cheap clothing that falls apart after minimal use.

Chelsea's house is for sale, and she is selling it through a real estate agent. The house is listed, and any licensed agent may show the house by using the special accessible key in a lockbox on the front porch. Stan is a licensed agent and brings Paula into the home to show it for a possible sale while Chelsea is not home. Stan and Paula would be considered A) invitees. B) guests. C) licensees. D) trespassers.

A) invitees.

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010, Mike completes the companion book, and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publisher's copyright run out and expire? A) 2105 B) 2108 C) 2083 D) 2080

B) 2108

Lindsay is a sprinter on the school's track team. If she is confronted by a man with a cast on his leg who is threatening her with a knife and she kills her assailant during a brief skirmish, claiming self-defense would most likely be a successful defense if A) she is confronted in the hall of the business building. B) she is confronted in her home. C) she is confronted in a dark parking lot while walking to her car after class. D) she is confronted on campus in front of the administration building.

B) she is confronted in her home.

Criminal law consists of a body of law that, for the purposes of preventing harm to __________, defines what conduct is criminal and prescribes the punishment to be imposed for such conduct. A) expatriates B) society C) None of the choices are correct D) foreign nationals

B) society

One who commits a tort is called the A) tortdoer. B) tortfeasor. C) torteffector. D) tortmaster.

B) tortfeasor.

From least to most serious, crimes are classified as follows A)misdemeanors/infractions/felonies B)infractions/misdemeanors/felonies C)felonies/misdemeanors/infractionsD)infractions/felonies/misdemeanors.

B)infractions/misdemeanors/felonies

What is an agreement by two (2) or more persons to commit a criminal act? a. An attempt b. Conspiracy c. Collusion d. A "substantial step" toward the commission of crime

B- Conspiracy

A significant advantage of trade secret protection over other forms of intellectual property (such as patents and copyrights) is that generally, protection does not _______. a. Require overt action b. Expire c. Infringe on others d. Allow for criminal liability

B- Expire

A warrant may be issued based on _________? a. A preponderance of the evidence b. Probable cause c. Proof beyond a shadow of doubt d. Proof beyond reasonable doubt

B- Probable cause

Written defamation is known as _________. a. Literary assault b. Libel c. Literary battery d. Slander

B-Libel

A design patent will last for A) 14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office. B) 20 years from the date of the filing of the application with the U.S. Patent and Trademark Office. C) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office. D) 20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.

C) 14 years from the date of the filing of the application with the U.S. Patent and Trademark Office.

McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk, and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be A) 20 years from the completion of the invention. B) 20 years from the filing of the application with the U.S. Patent and Trade Office. C) 14 years from the filing of the application with the U.S. Patent and Trade Office. D) 14 years from the completion of the invention.

C) 14 years from the filing of the application with the U.S. Patent and Trade Office.

__________ knowledge is knowledge that is recorded and available for the company's interpretation, application, and reproduction. A) Tacit B) Concerted C) Explicit D) Acquired

C) Explicit

In almost all criminal cases, the government must prove its case: A) by a preponderance of the evidence B) clear and convincing C) beyond a reasonable doubt D) All of the choices are correct

C) beyond a reasonable doubt

The No Electronic Theft Act primarily addressed protection regarding A) trade secrets. B) trademarks. C) copyrights. D) patents.

C) copyrights.

Criminal statutes are designed to protect society, and the violation of a criminal law results in a penalty to the violator, such as a fine or imprisonment, based on the wrongdoer's level of __________. A) omission B) maximums C) culpability D) redactions

C) culpability

Which of the following is not a defense to defamation? A) truth B) absolute privilege C) publication D) conditional privilege

C) publication

The knowledge that resides within employees is __________ knowledge. A) acquired B) concerted C) tacit D) outspoken

C) tacit

Felonies generally are punishable by A) nine months or more of incarceration. B) three months or more of incarceration. C) twelve months or more of incarceration. D) six months or more of incarceration.

C) twelve months or more of incarceration.

Suppose that Betty is involved in an accident with Veronica. Betty sustained $100,000 in damages because of the accident. Betty sues Veronica, and at trial, the jury determines that Veronica was negligent and seventy-five (75) percent responsible for Betty's injuries, and that Betty was also negligent and twenty-five (25) percent responsible for her own injuries. According to the theory of comparative negligence what (if anything) will Betty recover from Veronica for in terms of the damages? a. Zero (0) b. $25,000 c. $75,000 d. $100,000

C- $75,000

What are the two (2) primary defenses to claims of negligence? a. Immunity and comparative negligence b. Immunity and contributory negligence c. Comparative negligence and assumption of risk d. Contributory negligence and assumption of risk

C- Comparative negligence and assumption of risk

________ rights can emerge from the flow of knowledge. a. Royalty free b. Explicit knowledge c. Intellectual property d. Intellectual asset

C- Intellectual property

Which of the following would generally not be patentable? A) A new business method that streamlines and improves production. B) A business process that changes water into wine. C) An engine that runs on water. D) A mathematical formula that allows one to calculate the gross national product.

D) A mathematical formula that allows one to calculate the gross national product.

Criminal procedure refers to the legal process and safeguards afforded to individuals (and in some cases business entities) during __________. A) arrests B) trials C) criminal investigations D) All of the choices are correct

D) All of the choices are correct

Roger is the CFO of a corporation and had a business dinner with some of the company's largest shareholders. Roger knowingly and intentionally started drinking a variety of alcoholic drinks and even excused himself to secretly snort cocaine in the men's room. By the end of the evening, he was obviously intoxicated. His dinner companions kept buying more rounds of drinks, and Roger needed no urging to continue drinking. By dessert, he was obviously extremely intoxicated. At that point, his companions asked him to sign a variety of documents, which he did not read due to his condition. The documents turned out to be falsified financial statements, which were then supplied to the accountants who were auditing the company. Is Roger guilty of criminal fraud? A) Roger's act of signing the documents is enough for him to be guilty of criminal fraud. B) Roger is not guilty of criminal fraud because his signature did not look professional due to his intoxication. C) Because Roger was voluntarily intoxicated, he has no defense against a charge of criminal fraud. D) Because Roger was so intoxicated, he likely could not have formed the required mens rea and would not be guilty of criminal fraud.

D) Because Roger was so intoxicated, he likely could not have formed the required mens rea and would not be guilty of criminal fraud.

18) __________ property is the result of a knowledge flow within an intellectual capital management program. A) Possessory B) Personal C) Real D) Intellectual

D) Intellectual

Mitigating circumstances A) if proved, may excuse a defendant from an alleged crime. B) refer to the procedures that must be followed during the investigation of a crime. C) are the elements of a crime that must be proved at trial. D) if proved, may be applied to reduce a defendant's punishment.

D) if proved, may be applied to reduce a defendant's punishment.

Assumption of risk is a defense to A) defamation. B) battery. C) conversion. D) negligence.

D) negligence.

Bruno is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment. One morning, as a result of his inspection, Bruno discovers a gas burner with a broken valve. Bruno gets distracted and fails to put an "OUT OF ORDER/DO NOT USE" sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bruno's negligence is based on A) misfeasance. B) negligence per se. C) res ipsa loquitur. D) nonfeasance.

D) nonfeasance.

Suppose that AI Kaypon (AI) sets up a scheme to fool investors into thinking that he has invented a new product that will generate millions of dollars in sales. He designs a brochure and mails it to several individuals. At this point in the scheme, what crime (if any) has AI committed. a. No crime, since none of the individuals contacted have responded to the brochure b. Embezzlement c. Mail fraud d. Conspiracy to commit fraud

D- Conspiracy to commit fraud

While the UTSA does not include any _______ sanctions for _______ many states have added separate statutes that do. (Choose two correct answers) a. Criminal, infringement b. Civil, misappropriation c. Civil, infringement d. Criminal, misappropriation

D- Criminal, misappropriation

The mental element of criminal liability, also called ___________, requires that the defendant have a requisite degree of culpability with regard to each element of a given crime. a. Actus reus b. Res ipsa loquitur c. Respondeat superior d. Mens rea

D- Mens Rea