1. (Points: 1) Vern wants to file a suit on behalf of all diabetes patients against Wonder Pharmaceutical Corporation. Under the Class Action Fairness Act of 2005, Vern a. can shop around for a state court that might award large damages. b. must file the suit in a federal court. c. must file the suit in a state that bans or limits punitive damages. d. must file the suit in a state that has caps on noneconomic damages. Save Answer 2. (Points: 1) Pop Pix, Inc., owns and sells photos from its database on the Internet. Query Corporation operates a search engine that displays its results in thumbnail images, which sometimes include copies of Pop Pix's photos, without its permission. Query's use of the photos is most likely a. a fair use. b. a license. c. a novel and not obvious use. d. a violation of intellectual property law. Save Answer 3. (Points: 1) One night, Kyle discovers Lee, an intruder, in Kyle's home.
Transcript
1.
(Points: 1)
Vern wants to file a suit on behalf of all diabetes patients against Wonder Pharmaceutical Corporation. Under the Class Action Fairness Act of 2005, Vern
a. can shop around for a state court that might award large damages.
b. must file the suit in a federal court.
c. must file the suit in a state that bans or limits punitive damages.
d. must file the suit in a state that has caps on noneconomic damages.
Save Answer
2.
(Points: 1)
Pop Pix, Inc., owns and sells photos from its database on the Internet. Query Corporation operates a search engine that displays its results in thumbnail images, which sometimes include copies of Pop Pix's photos, without its permission. Query's use of the photos is most likely
a. a fair use.
b. a license.
c. a novel and not obvious use.
d. a violation of intellectual property law.
Save Answer
3.
(Points: 1)
One night, Kyle discovers Lee, an intruder, in Kyle's home. Kyle shoots and kills Lee. With respect to criminal prosecution for this use of deadly force, under a duty-to-retreat law Kyle
a. is presumed innocent or may be exempt from prosecution.
b. must prove that he first told Lee to "Get out!" or to "Retreat!"
c. must prove that he first tried to retreat or that his life was in danger.
d. must prove that Lee did not try to retreat or acted without regard for his own life.
Save Answer
4.
(Points: 1)
Etta illegally shoots Fay with a handgun made by Gunsmaker Corporation. Fay files a suit against Gunsmaker. With respect to the dangers associated with guns, the court is most likely to rule that Gunsmaker has
a. a duty to warn everyone.
b. a duty to warn potential victims only.
c. a duty to warn users only.
d. no duty to warn.
Save Answer
5.
(Points: 1)
Movies, Inc. (MI), releases on DVD Nothing to Hide, a film focusing on the lack of privacy in cyberspace. Owen posts online computer code that cracks the DVD's encryption, allowing users to make unauthorized copies. MI files a suit against Owen. The court is most likely to rule that
a. computer code is a form of "pure speech."
b. the First Amendment completely protects computer code.
c. the First Amendment does not apply to computer code.
d. the First Amendment protects computer code to a lesser extent.
Save Answer
6.
(Points: 1)
Mavis files a suit against National Corporation and obtains a large damages award. Omni Insurance, Inc., is National's insurer. Ultimately, the cost of the damages award will be paid by
a. Mavis.
b. National.
c. National's customers.
d. Omni.
Save Answer
7.
(Points: 1)
FotoFinder is a search engine that finds images on the Internet, displays them in lower-resolution thumbnail versions, frames them as they appear in their original Web locations, and links to those sites. Some users of FotoFinder infringe on the rights of the images' owners. FotoFinder's use of the images is most likely
a. a fair use.
b. a license.
c. a novel and not obvious use.
d. a violation of intellectual property law.
Save Answer
8.
(Points: 1)
One night, Izzy discovers Joe, an intruder, in Izzy's home. Izzy shoots and kills Joe. With respect to criminal prosecution for this use of deadly force, under a stand-your-ground law Izzy
a. is presumed innocent or may be exempt from prosecution.
b. must prove that he first told Joe to "Stop!" or "Stand your ground!"
c. must prove that he first tried to retreat or that his life was in danger.
d. must prove that Joe did not try to retreat or acted without regard for his own life.
Save Answer
9.
(Points: 1)
Precise Marketing Corporation buys and sells consumers' personal information. This may violate
a. businesses' duties to their customers.
b. individuals' rights to their privacy.
c. governments' duties and rights with respect to public welfare.
d. no rights or duties.
Save Answer
10.
(Points: 1)
To complain about Omega Corporation's products, Pi opens a Web site with the domain name "omegasucks.com." Omega files a suit against Pi. If the court rules in Pi's favor, it will most likely be on the basis of
a. a likelihood of confusion.
b. a right to privacy.
c. the freedom of speech.
d. trademark law.
Save Answer
11.
(Points: 1)
At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was a battery. Tyler is liable if
a. Scrumptious did not overcharge Tyler.
b. the shove was offensive.
c. Tyler acted out of malice.
d. Uma did not wait on Tyler.
Save Answer
12.
(Points: 1)
Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with Great Tans. In Holly's suit
against Great Tans, the firm is most likely liable for
a. appropriation.
b. conversion.
c. wrongful interference with a customary relationship.
d. none of the choices.
Save Answer
13.
(Points: 1)
Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of
a. emotion.
b. fact.
c. illusion.
d. opinion.
Save Answer
14.
(Points: 1)
OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
a. appropriation.
b. conversion.
c. wrongful interference with a contractual relationship.
d. none of the choices.
Save Answer
15.
(Points: 1)
Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen,
buys it from Ian. Kris has committed
a. conversion.
b. disparagement of property.
c. no tort.
d. wrongful interference with a business relationship.
Save Answer
16.
(Points: 1)
Tort is a French word for "court."
True False
Save Answer
17.
(Points: 1)
The purpose of tort law is to provide remedies when legally protected interests have been invaded.
True False
Save Answer
18.
(Points: 1)
An oral defamatory statement must be communicated to a third party to be actionable.
True False
Save Answer
19.
(Points: 1)
An unauthorized scan of a bank account cannot be an invasion of privacy.
True False
Save Answer
20.
(Points: 1)
An illegal search can be an invasion of privacy.
True False
Save Answer
21.
(Points: 1)
Normally, fraud occurs only when there is reliance on a statement of truth.
True False
Save Answer
22.
(Points: 1)
Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.
True False
Save Answer
23.
(Points: 1)
Disparagement of property is another term for appropriation.
True False
Save Answer
24.
(Points: 1)
An Internet service provider cannot be held liable in tort for disseminating his or her own defamatory remarks.
True False
Save Answer
25.
(Points: 1)
There are no statutes regulating the use of spam.
True False
Save Answer
26.
(Points: 1)
Lana hires Mike, an architect, to design a warehouse. Lana is dissatisfied with the look of the new building and sues Mike, alleging negligence. Mike can successfully defend against the suit by proving that
a. he is not familiar with every principle of art.
b. his design is as attractive as an ordinary person's.
c. Lana could not have designed a more attractive building.
d. Lana was not injured in any way.
Save Answer
27.
(Points: 1)
Molly shoots Norm with Opal's pistol. The proximate cause of Norm being shot is most likely attributable to
a. Molly and Opal.
b. Molly only.
c. Opal only.
d. neither Molly nor Opal.
Save Answer
28.
(Points: 1)
Pam files a successful suit against Quantity Stores based on Quantity's negligence. Normally, an award in such a suit consists of
a. comparative damages.
b. compensatory damages.
c. contributory damages.
d. punitive damages.
Save Answer
29.
(Points: 1)
Super Tool Company makes tools for consumers and construction professionals. While using a Super tool to replace an electrical outlet, Tom neglects to shut off the power and is electrocuted. Against a suit filed by Tom's heirs, Super's best defense is
a. assumption of risk.
b. contributory negligence.
c. negligence per se.
d. superseding cause.
Save Answer
30.
(Points: 1)
Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in
a. Lyn v. Mining Co.
b. Palsgraf v. Long Island Railroad Co.
c. Rylands v. Fletcher.
d. Congress.
Save Answer
31.
(Points: 1)
If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result.
True False
Save Answer
32.
(Points: 1)
No one is expected to exercise a reasonable standard of care in every activity.
True False
Save Answer
33.
(Points: 1)
For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act.
True False
Save Answer
34.
(Points: 1)
Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.
True False
Save Answer
35.
(Points: 1)
An assumption of risk defense does not require that a risk be voluntarily assumed.
True False
Save Answer
36.
(Points: 1)
Assumption of risk can be raised as a defense in a negligence suit.
True False
Save Answer
37.
(Points: 1)
Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.
True False
Save Answer
38.
(Points: 1)
In a comparative negligence state, if a plaintiff is found to be 30 percent negligent, the award against the defendant will be reduced by 70 percent.
True False
Save Answer
39.
(Points: 1)
Negligence per se may occur on the violation of a statute.
True False
Save Answer
40.
(Points: 1)
A person who keeps a domestic animal is always strictly liable for any harm that the animal
inflicts.
True False
Save Answer
41.
(Points: 1)
Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. none of the choices.
Save Answer
42.
(Points: 1)
In 2008, Digital Equipment Corporation registers its trademark as provided by federal law. This registration provides protection
a. for ten years.
b. for twenty years.
c. for the life of the corporation plus seventy years.
d. forever.
Save Answer
43.
(Points: 1)
Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is
a. a certification mark.
b. a collective mark.
c. a service mark.
d. trade dress.
Save Answer
44.
(Points: 1)
Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is
a. a certification mark.
b. a collective mark.
c. a service mark.
d. trade dress.
Save Answer
45.
(Points: 1)
Delightful Toys, Inc., makes EZ Goo, a children's toy. Without Delightful's consent, Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. Fast claims that no consumer would confuse the Web site with the toy. Fast has committed
a. copyright infringement.
b. patent infringement.
c. trademark dilution.
d. none of the choices.
Save Answer
46.
(Points: 1)
Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's
domain name. This is
a. a license.
b. an injunction.
c. dilution.
d. litigious.
Save Answer
47.
(Points: 1)
Elementals, Inc., makes computer chips identical to Flik Quik Corporation's patented chip, except for slight differences in the "look," without Flik's permission. This is most likely
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. none of the choices.
Save Answer
48.
(Points: 1)
In 2008, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected
a. for ten years.
b. for twenty years.
c. for the life of the author plus seventy years.
d. forever.
Save Answer
49.
(Points: 1)
Mike copies Nora's book, One for the Money, to a substantial degree and sells it to Peak Editions, Inc., without Nora's permission. Peak publishes it under Mike's name. This is
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. none of the choices.
Save Answer
50.
(Points: 1)
Lex reproduces Mina's copyrighted work without paying royalties. Lex is most likely excepted from liability for copyright infringement under the "fair use" doctrine if
a. Lex copies the entire work.
b. Lex distributes the copies freely to the public.
c. Lex's use has no effect on the market for Mina's work.
d. Lex's use is for a commercial purpose.
Save Answer
51.
(Points: 1)
The graphics used in "Go!," a handheld computer game featuring racing cars, is protected by
a. copyright law.
b. patent law.
c. trademark law.
d. none of the choices.
Save Answer
52.
(Points: 1)
Kay and Leo copy and exchange MP3 music files over the Internet without anyone's
permission. With respect to songs owned by Natural Recording Company, this is
a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.
Save Answer
53.
(Points: 1)
Creative Marketing Corporation (CMC) obtains, and gives its employees, a list of the customers of Dandy Sales, Inc. (DSI), without DSI's permission. Under the law that applies to trade secrets, CMC's use of the list is actionable
a. only if CMC and DSI are competitors.
b. only if DSI's customers are confused.
c. only if CMC and DSI are competitors and DSI's customers are confused.
d. regardless of whether CMC and DSI are competitors or DSI's customers are confused.
Save Answer
54.
(Points: 1)
Rockstar Software, Inc., develops the software for a new series of computer games. Under the law that applies to trade secrets, this software is protected in
a. its idea only.
b. its expression only.
c. its idea and its expression.
d. none of the choices.
Save Answer
55.
(Points: 1)
Alpha Company develops "Browser Lite," software to speed the display of graphics on Web sites. Browser Lite has the most copyright protection under
a. the Berne Convention.
b. the Paris Convention
c. the TRIPS Agreement.
d. none of the choices.
Save Answer
56.
(Points: 1)
A party who unintentionally uses the trademark of another is not liable for trademark infringement.
True False
Save Answer
57.
(Points: 1)
A fanciful use of ordinary words may be trademarked.
True False
Save Answer
58.
(Points: 1)
A suggestive use of ordinary words may not be trademarked.
True False
Save Answer
59.
(Points: 1)
A service mark distinguishes products used by the government.
True False
Save Answer
60.
(Points: 1)
A collective mark distinguishes products that are likely to be of interest to collectors.
True False
Save Answer
61.
(Points: 1)
The unauthorized use of another's mark in a domain name is generally permissible because the Internet is vast.
True False
Save Answer
62.
(Points: 1)
In the United States, patent protection is given to the first person to invent a product.
True False
Save Answer
63.
(Points: 1)
A patent cannot be obtained for software.
True False
Save Answer
64.
(Points: 1)
In determining whether copyright protection should be granted, the central issue is the idea that forms the basis for a work.
True False
Save Answer
65.
(Points: 1)
In determining whether a copyrighted work is infringed under the "fair use" doctrine, one factor is the effect of the use on the market for the work.
True False
Save Answer
66.
(Points: 1)
A copy must be exactly the same as the original to infringe a copyright.
True False
Save Answer
67.
(Points: 1)
Loading a file into a computer's random access memory constitutes the making of a "copy" for purposes of copyright law.
True False
Save Answer
68.
(Points: 1)
A list of customers is not a trade secret.
True False
Save Answer
69.
(Points: 1)
The theft of trade secrets is not a crime unless a contract is breached.
True False
Save Answer
70.
(Points: 1)
Anyone who writes a book has copyright protection in every country in the world.
True False
Save Answer
71.
(Points: 1)
Gail is a "payday" lender charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
a. a preponderance of the evidence.
b. beyond all doubt.
c. beyond a reasonable doubt.
d. clear and convincing evidence.
Save Answer
72.
(Points: 1)
Rock pushes Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute
a. burglary.
b. forgery.
c. larceny.
d. robbery.
Save Answer
73.
(Points: 1)
Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is
a. burglary.
b. forgery.
c. larceny.
d. robbery.
Save Answer
74.
(Points: 1)
Bren, an employee of City Bank, is charged with embezzlement. This requires
a. fraudulently appropriating another's property.
b. obtaining lawful possession of property through surreptitious means.
c. physically taking property from its owner.
d. the use of force or fear.
Save Answer
75.
(Points: 1)
Riley, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is
a. burglary.
b. embezzlement.
c. larceny.
d. money laundering.
Save Answer
76.
(Points: 1)
Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when
a. Mona decided to offer the bribe.
b. Mona offered the bribe.
c. Ned accepted the bribe.
d. Ned overlooked the violations.
Save Answer
77.
(Points: 1)
Alan manages an illegal gambling operation in his BBQ Bar & Grill. Alan reports the profits of the gambling operation as income from BBQ's legitimate activities on its tax returns. This is
a. embezzlement.
b. larceny.
c. money laundering.
d. no crime.
Save Answer
78.
(Points: 1)
Tim is a businessperson with investments in several legal and illegal operations. Tim may be subject to a suit under RICO
a. for making an unprofitable, but legal, investment.
b. for the commission of almost any business fraud.
c. only in a case involving a "racket."
d. only in a case involving organized crime.
Save Answer
79.
(Points: 1)
Hank is seventeen years old and is charged with a felony. In most states, Hank will be treated as
a. a minor and tried in a juvenile court.
b. an adult and tried in a regular court.
c. an infant and punished without a trial.
d. incapable of criminal conduct and tried after he turns eighteen.
Save Answer
80.
(Points: 1)
Devon commits a criminal act while intoxicated. Voluntary intoxication may be a defense
a. if it negates the state of mind that a crime requires.
b. if it removes a person's normal social inhibitions.
c. under any circumstances.
d. under no circumstances.
Save Answer
81.
(Points: 1)
Dave points a gun at Eton, threatening to shoot him if he does not steal from his employer, First National Bank, and give the stolen funds to Dave. Charged with theft, Eton can successfully claim, as a defense
a. consent.
b. duress.
c. entrapment.
d. self-defense.
Save Answer
82.
(Points: 1)
Helen points a gun at Irma, threatening to shoot her. Irma hits Helen, causing her death. Charged with homicide, Irma can most successfully claim as a defense
a. consent.
b. duress.
c. entrapment.
d. self-defense.
Save Answer
83.
(Points: 1)
Ida is charged with a crime of which she claims she was ignorant. In some states, a mistake of law is a defense
a. if the law was not reasonably made known to the public.
b. if the mistake negates the mental state necessary to commit a crime.
c. if the perpetrator was intoxicated.
d. under any circumstances.
Save Answer
84.
(Points: 1)
Ho, a programmer for Inventory Corporation, is arrested in his employer's parking lot on suspicion of larceny. According to the decision in Case 9.3, Miranda v. Arizona, Ho must be informed of his right to
a. a trial by jury.
b. punishment.
c. question witnesses.
d. remain silent.
Save Answer
85.
(Points: 1)
Ollie, an employee of Payroll Management Corporation, is arrested at work. A grand jury issues a formal charge against Ollie for larceny. This charge is
a. an arraignment.
b. an indictment.
c. an information.
d. an inquisition.
Save Answer
86.
(Points: 1)
A crime can be committed only against persons.
True False
Save Answer
87.
(Points: 1)
Only private attorneys prosecute criminal defendants.
True False
Save Answer
88.
(Points: 1)
A criminal case must be proved beyond a reasonable doubt.
True False
Save Answer
89.
(Points: 1)
Battery is a tort and a crime.
True False
Save Answer
90.
(Points: 1)
Corporations, unlike persons, cannot be liable for crimes.
True False
Save Answer
91.
(Points: 1)
Stealing a computer program is a crime.
True False
Save Answer
92.
(Points: 1)
Counterfeiting constitutes forgery.
True False
Save Answer
93.
(Points: 1)
It is not a crime to defraud the public through the use of ads on television.
True False
Save Answer
94.
(Points: 1)
A crime of bribery can be committed even if the recipient does not do what the person offering the bribe asks.
True False
Save Answer
95.
(Points: 1)
Making "dirty" money appear to be the "profit" of a legitimate business is money laundering.
True False
Save Answer
96.
(Points: 1)
White-collar crimes may be prosecuted under RICO.
True False
Save Answer
97.
(Points: 1)
When the police set a trap for an unwary criminal, he or she has a valid defense to criminal liability.
True False
Save Answer
98.
(Points: 1)
Criminal suspects must be informed of their right to remain silent.
True False
Save Answer
99.
(Points: 1)
A federal judge must adhere strictly to federal sentencing guidelines.
True False
Save Answer
100.
(Points: 1)
Accessing a computer and taking data, even without authority, is no crime.
True False
Save Answer
101.
(Points: 10)
Fred, a successful stockbroker, gives a lecture about investing. Some of the persons who attend the lecture form Gain & Profit, an investment club, and ask Fred to advise them. Gain & Profit allows Fred to set up an account for the club with a brokerage firm and gives Fred control of the account, but does not authorize Fred to withdraw funds for his own benefit. Fred uses the money in the Gain & Profit account to repay personal loans. Charged with embezzlement, Fred defends his actions on the ground that he intended to repay the club. Is Fred guilty of embezzlement? Why or why not?
Yes, he is guilty of embezzlement. I think the fact that he ‘intended to repay the club’ is not a legitimate defense. Once a person takes on somebody else’s money or property and converts them to their own use, he has committed embezzlement. Furthermore, Fred was in a position of trust, with the Gain & Profit account, therefore no trespassing was necessary for the theft to take place. He had complete control over the account and withdrew money to repay his personal loans, without permission and for his own benefit.
Paragraph
Insert equation
Save Answer
102.
(Points: 10)
After two years of research and an investment of a substantial amount of money, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development. What legal recourse does CC have against National?
I think the legal recourse CC would have against National is to file a civil suit for conversion, which is a common law tort. It is any act in which one deprives an owner of his personal property or the use of that property without the owner’s permission and without just cause. It also is the civil side of crimes related to theft. Furthermore, they could also file a trespass to personal property. Because when National Sales Inc. committed conversion they had to trespass to personal property in order to obtain the information in the first place. Lastly CC could charge National Sales Inc. with interfering with the contract CC had with its employee. Since the company was working with sensitive and secret information they probably had a contract stating that the employee was not allowed to share company information. So, National Sales helped to break the contract by paying the employee of CC.
Paragraph
Insert equation
Save Answer
103.
(Points: 10)
Dan, a driver for EZ Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on, and injures, a bystander, Flo. What must Flo show to recover damages from Dan?
This case would be based on the fact of negligence. Where a person fails to exercise the standard of care that a reasonable person would exercise in similar circumstances. The tortfeasor, Dan, had no intent for the negligence, nor did he know the consequences that his act could have caused. But he did create a risk for Flo. So, the main point Flo needs to prove is that EZ Delivery Company owed him a duty of care, which was breached through Dan. Then, he needs to prove that he was injured. Lastly, he needs to prove that the injury resulted in the breach of duty of care by EZ Delivery Company. The final step is: The company will be liable if there is a proximate cause. In which Flo needs to prove foreseeability; was it forseeable that Dan’s negligence could have caused harm to a bystander, Flo.
