Chapter 5,6,7,8
Question 11. Abuse of process requires:Answer That the suit terminate in the defendant’s favor That there be a probable cause Proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed Proof that the suit was brought out of malice2 points Question 21. Tom is a 10 year-old who has been caught committing serious crimes repeatedly. According to recent states statutes, he will be:Answer Incapable of forming criminal intent Presumed to be incapable of forming criminal intent Capable of forming criminal intent Presumed incapable, but due to repeated offences will be treated like an adult2 points Question 31. The U.S. Supreme Court requires that actual malice be proved when:Answer Public officials sue the media for false and defamatory statements Public officials are found strictly liable for a crime Public figures sue for physical harm resulting from malice Public figures and public officials sue the media for publishing true statements2 points Question 41. Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, the security guard asked Seth to accompany the guard to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances:Answer Seth can sue the store for false imprisonment Seth can sue the store for false imprisonment, emotional distress and battery The store has conditional privilege to stop persons it feels are shoplifting and the guard did not detain Seth for an unreasonable period The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages2 points Question 51. Most states have abandoned a contributory negligence system and adopted a comparative negligence system.Answer True False2 points Question 61. The Unites States awards patent privileges based on a:Answer First to contemplate standard First to use standard First to file standard First to invent standard2 points Question 71. Which of the following is included in the Fifth Amendment?Answer The prohibition against trying an acquitted defendant twice for the same crime The prohibition against excessive bail and fines The exclusionary rule The right of confrontation2 points Question 81. Technology transfer agreements:Answer Protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur Generally permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment Do not receive legal protection unless its owner took reasonable precautions to keep it a secret Assert that priority of trademark rights in the United States depends solely upon priority of use in the United States, not on the priority of use anywhere in the world2 points Question 91. A corporate officer may sometimes be found liable even when the officer had no actual knowledge of or control over, the activities in question.Answer True False2 points Question 101. This is a good defense to recklessness.Answer Assumption of the risk Unreasonable danger Contributory negligence Comparative negligence2 points Question 111. Under the ECPA, an electronic communication provider may disclose such communication if the disclosure was made as part of a government-authorized surveillance.Answer True False2 points Question 121. Crimes are private wrongs, pursued by private attorneys.Answer True False2 points Question 131. Which of the following is an example of interference with economic relations?Answer Trespass False imprisonment Disparagement Defamation2 points Question 141. The direct copyright infringement theory of recovery has been used effectively against suppliers of peer-to-peer file sharing software that has been used to download DVDs from the Internet.Answer True False2 points Question 151. The following is a good defense to a strict liability offense.Answer Assumption of the risk Contributory negligence Comparative negligence Negligence per se2 points Question 161. The fair use defense regarding copyright infringement:Answer Does not apply if the use enhances the value or marketability of the original work Applies if there are substantial differences between the copyrighted work and the derivative work Applies only to creative works rather than informational works Does not apply for commercial uses that are presumptively fair2 points Question 171. The CAN-SPAM Act:Answer Requires that all e-mail messages be labeled Requires that unsolicited commercial e-mail include opt-out instructions Prohibits interference with computers used by the government or financial institutions Allows an ISP to disclose private information to a government agent if the provider has a “good faith” belief that the information concerns a serious crime2 points Question 181. Which of the following is an advantage of licensing?Answer It permits quicker foreign market penetration than direct investment It maximizes the physical and financial presence of a business overseas It allows the licensee to directly benefit by receiving royalty payments It allows the first person to register a trademark to become its legal owner2 points Question 191. No actual harm to the property is necessary for a trespass.Answer True False2 points Question 201. The prohibition against excessive bail and fines can be found in:Answer The Eighth Amendment The Fourth Amendment The Fifth Amendment The Sixth Amendment2 points Question 211. Identify the true statement regarding the patent infringement according to the U.S. law.Answer The court holds only the infringer liable to the patent holder for the unlawful activities Infringement does not occur when one supplies from the United States, for combination abroad, a patented invention’s components Infringement does not occur when a product patented in the United States is made and sold in another country The court grants an automatic injunction in cases of infringement2 points Question 221. This is a common defense to the tort of malicious prosecution.Answer Improper purpose Lack of capacity Probable cause Inducing a breach of contract2 points Question 231. Consent can be a defense to battery only if the consent is freely and intelligently given.Answer True False2 points Question 241. Which of the following is NOT one of the basic principles of causation?Answer Defendant is liable for all injuries of the victim if the victim’s physical peculiarity aggravates his/her injuries Negligence invites rescue Victims invite negligence Defendants are liable for the diseases contracted by the victim2 points Question 251. The theory of vicarious copyright infringement is an outgrowth of the doctrine of:Answer Respondeat superior Caveat emptor Caveat venditor Res ipsa loquitur2 points Question 261. Under the tort of defamation:Answer Truth is a complete defense Opinions may be considered defamatory Statements by members of Congress may be defamatory Private statements between spouses may be defamatory2 points Question 271. Compensatory damages are also known as:Answer Actual damages Punitive damages Nominal damages Statutory damages2 points Question 281. People who do not do what a statute requires are sometimes considered to be “negligent per se”. This means that:Answer The law is the law and breaking it is always wrong Ignorance of the statutory law is never an excuse Not knowing about a statutory requirement is not as bad as meaning to do something wrong Statutes can create the legal duty requisite to establish negligence2 points Question 291. When the trademark is a descriptive term:Answer Courts treat the term as distinctive to legal merit Trademark protection exists only if a claimant proves that the term conveys to consumers a secondary meaning of association with the claimant Courts are unwilling to afford the term trademark protection It qualifies for trademark protection automatically and functions as the common descriptive name of a product class2 points Question 301. Mrs. Medea killed her illegitimate child and buried it in her backyard, soon after giving birth to it in 1952. Thirty-seven years later, in September 1989, Medea called Captain Erebus Ereshkigal of the New York Police Department and blurted out the story over the telephone before Ereshkigal could utter a single word. She then told him that voices from her backyard told her to confess to the crime. Medea told the police where to dig and they unearthed a metal box containing the skeletal remains of a baby in her yard. Which of the following is a true statement?Answer The remains cannot be used in evidence against Medea because this would violate her Fifth Amendment privilege against self-incrimination The remains can be used in evidence against Medea because this would not violate her Fifth Amendment privilege against self-incrimination The remains cannot be used in evidence against Medea because Erebus did not inform her of her right to remain silent before she told him her story The remains can be used in evidence against Medea because they are not incriminating to her2 points Question 311. Courts allow third parties to recover for emotional distress resulting from witnessing harm caused to another person by defendant’s negligent acts:Answer Only if the emotional distress directly results in physical injury Only if some relation can be shown between the witness to the accident and the victim If he/she is a close relative and sustains serious emotional distress on witnessing the harm If he/she is not within the “zone of danger” created by the negligent act2 points Question 321. A negligent person is not liable for the proximate results of his/her negligence.Answer True False2 points Question 331. Voluntary intoxication is a complete defense to a crime.Answer True False2 points Question 341. An individual has been injured by the racketeering of a company. Under RICO, he can:Answer Recover three times the damage plus attorneys’ fees Recover two times the damage plus attorneys’ fees Only recover the amount he lost Recover the basic amount he lost plus attorneys’ fees2 points Question 351. Trademark dilution laws focus on protecting the investment of trademark owners, while traditional trademark laws were intended to protect consumers.Answer True False2 points Question 361. Disenfranchisement refers to:Answer A penalty under the Inter-American Convention Against Corruption The loss of the right to vote when a person is convicted of abuse The loss of the right to vote, which might result from the conviction of a felony The loss of the right to vote as a result of misdemeanor2 points Question 371. The elements of an intentional tort are:Answer Harm to another person/property and intent Harm to person or property, violation of a statute and intent Violation of a statute and intent Harm to person or property and violation of a statute2 points Question 381. Assumption of risk:Answer Bars recovery as the plaintiff fully understood the nature and extent of the risk Is not a defense in cases based on a negligence theory Must be the product of an explicit agreement between the plaintiff and the defendant Is not a defense in cases based on strict liability2 points Question 391. A patent generally is effective for 10 years from the date of filing.Answer True False2 points Question 401. Personal liability for corporate officers implies that:Answer Corporate officers who had the authority to implement measures that would have prevented a violation from occurring, but failed to do so, may be held liable The corporate officers are not responsible for homicide and related crimes Many corporations are not deterred from violating laws; rather, corporations view fines as simply a cost of doing business Corporate officials have no liability if they have no knowledge of the activities in question2 points Question 411. The plaintiff’s burden of proof in a tort case is identical to that of a criminal case.Answer True False2 points Question 421. In addition to demonstrating actual emotional distress, if a third party wants to recover negligent infliction of emotional distress, a plaintiff must show that:Answer The emotional distress caused to the witness resulted in physical symptoms or injuries The third party is at least distantly related to the victim The third party witnessed or some way perceived the injury when it occurred The emotional distress caused to the witness is so serious that he/she may not recover from it2 points Question 431. Which of the following is not true of cybercrime?Answer It is a crime for people to access the services of a commercial service provider without paying their fees It is a crime to use a computer without authorization A corporation is not liable for the online activities of its employees A corporation may face liability based on its own use of electronic communication2 points Question 441. The person who owns the intellectual property is known as the:Answer Licensor Licensee Guarantor Warrantor2 points Question 451. In which of the following ways can insanity on the part of a criminal defendant affect a trial?Answer The trial may be delayed until the defendant regains sanity A defendant who becomes insane before sentencing can be sentenced Insanity at the time of the criminal act will not absolve the defendant of criminal liability The defendant will be acquitted but will have to undergo treatment2 points Question 461. Under the Sarbanes-Oxley Act of 2002:
:Answer It is a misdemeanor to defraud shareholders It is a felony to defraud shareholders of a private company Whistleblowers are offered legal protection CEOs and CFOs are not liable to reimburse the company if the misconduct is not attributable to them2 points Question 471. If Jamal is carefully driving his car within the speed limit and drunken Eddie darts out in front of Jamal’s car, Jamal is liable for Eddie’s injuries.Answer True False2 points Question 481. The responsible corporate officer doctrine:Answer Directs that corporate officials and agents may be held liable for crimes that they fail to prevent by neglecting to control the misconduct of those subject to their control Does not allow officials to be tried for homicide and related crimes Has not yet been integrated into many state and federal laws Directs that employees be tried for homicide and related crimes because prosecutors feel that the employees’ actions (or lack thereof) are responsible for the deaths or serious injuries of officials2 points Question 491. Truth is not a defense to a defamation action.Answer True False2 points Question 501. Emmie worked late nights at a convenience store. The store had been robbed several times. One night Emmie discovered that the “emergency alert” security system was not working. The owner of the mart told her that he would have the system repaired promptly. Nevertheless, a month went by before the system was repaired. In the meantime, the store was robbed while Emmie was working. In the course of the robbery, the perpetrator broke Emmie’s foot. Under these circumstances, Emmie may:Answer Recover from the store owner if she shows the harm was foreseeable Only recover from the robber Recover under the doctrine of strict liability Only recover a limited amount of non-economic damage2 points Question 511. Intentional torts are both civil and criminal in nature.Answer True False2 points Question 521. Assault is an intentional, nonconsensual touching that is harmful or offensive.Answer True False2 points Question 531. In order to keep Pat from leaving the house, Geoff locked the front door of his house but forgot to lock the back door. Geoff has falsely imprisoned Pat.Answer True False2 points Question 541. To recover in a negligence suit, a plaintiff must prove that the:Answer Defendant had an intent to injure the plaintiff and that the defendant breached that duty Defendant’s breach of duty was the proximate cause of the plaintiff’s injuries Defendant’s breach of duty indirectly caused the plaintiff’s injuries Defendant exercised reasonable care2 points Question 551. The U.S. Supreme Court has greatly narrowed the reach of RICO.Answer True False2 points Question 561. The Federal Sentencing Guidelines:Answer Are designed to establish consistent sentences for federal hate crimes only Require that judges use a formula based on the seriousness and circumstances of the crime Specifically mandate stiff penalties for crimes dealing with blue-collar crimes Mandate a minimum one-month prison term for tax frauds2 points Question 571. The risk of a licensee producing inferior goods or inferior service is drastically reduced if the licensor closely monitors his/her activities.Answer True False2 points Question 581. A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology throughout the world using the:Answer Exclusive dealing clause Grant-back provision Territoriality principle Territorial restriction2 points Question 591. Trademark dilution laws:Answer Protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur Are intended at protecting consumers, while traditional trademark laws focuses on protecting the investment of trademark owners Permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment Require the licensee to transfer any inventions it derives from the licensed technology to the licensor2 points Question 601. A trade secret is also called:Answer Performance standard Contributory copyright Compilation of information Propriety information2 points Question 611. Which of the following can serve as the basis for a successful defamation suit if the person publishing the statement abuses the privilege?Answer Statements made in the furtherance of legitimate business interests, such as providing employee references Statements made by members of Congress on the floor of Congress Statements made by participants as part of a judicial hearing Statements made between spouses2 points Question 621. A service mark is a descriptive term that distinguishes businesses rather than their products or services.Answer True False2 points Question 631. To assess whether a governmental action has infringed on an individual’s rights, the court:Answer Will always grant the government the ability to do whatever it deems necessary Must balance the governmental need to do the action against the rights of the individual Will always rule in favor of individual rights over that of the government Must balance both, but ultimately grant the government the ability to do whatever it deems necessary2 points Question 641. The Computer Fraud and Abuse Act:Answer Includes only criminal penalties Prohibits interference with computers used by the government or financial institutions Prohibits an unauthorized person from transmitting a code to a computer used in interstate commerce, even if the transmitter did not intend to cause harm to the recipient computer Enables providers to disclose the contents of electronic communication to intelligence officials2 points Question 651. The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in all of the following instances except:Answer A breach of contract A case where the defendant’s liberty may be at stake A case where there is legal termination of marriage Copyright violations2 points Question 661. Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc. Unknowingly, both signed the financial report for the financial year 2006/07, which was misleading. Can they be held liable for punishment?Answer Under the Sarbanes-Oxley Act, both of them must reimburse the company Under the Sarbanes-Oxley Act, only the CEO will be liable for punishment Under RICO, both of them are required to reimburse the company Under RICO, only the CFO will be liable for punishment2 points Question 671. A confidentiality clause may be utilized:Answer To restrict the licensor’s right to disclose trade secrets after the licensing agreement has ended During the life of the licensing agreement when the licensor wishes to restrict the number of people with whom the licensee is to share trade secrets After entering the licensing agreement to ensure that the licensing relationship will be worthwhile if the licensee insists on a limited right to inspect the licensor’s technology To prohibit the licensor from using the technology and disclosing it to others2 points Question 681. Tort reform measures:Answer Have been rejected by most states Are uncontroversial Include limits on the amount of damages a plaintiff can recover for pain, suffering and emotional distress in a lawsuit Have been ruled to be in violation of the U.S. Constitution because they impinge on rights enumerated in the Second Amendment2 points Question 691. Courts are unwilling to provide trademark protection to a term if it is:Answer Arbitrary Descriptive Generic Suggestive2 points Question 701. A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.Answer True False2 points Question 711. Which of the following is true of the USA PATRIOT Act?Answer Law enforcement officers are not allowed to use increased surveillance techniques Critics worry that the act compromises citizens’ Fourth Amendment rights Judicial and Congressional oversight of surveillance is maximum A person’s credit and medical records can be obtained after getting a surveillance warrant from a grand jury2 points Question 721. Courts treat a term as distinctive and automatically qualify it for trademark protection if it is:Answer Generic Descriptive Arbitrary Comprehensive2 points Question 731. TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.Answer True False2 points Question 741. Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice’s face. Under these circumstances:Answer Larry may be liable for battery Larry would not be liable for battery because he did not touch her body Larry may be liable for false imprisonment Larry may be liable for defamation2 points Question 751. Nontestimonial evidence such as fingerprints, hair samples and bodily fluids can be obtained through compulsion.Answer True False2 points Question 761. Tim takes a shortcut across John’s yard on his way to school. Even if John gives Tim permission to use John’s yard as a shortcut, Tim has still trespassed on John’s property.Answer True False2 points Question 771. All of the following are racketeering activities except:Answer Arson Bribery Securities fraud Extortion2 points Question 781. This clause in a technology transfer agreement indicates the precise scope of the license.Answer The granting clause The requirements clause The exclusive dealing clause The technical service clause2 points Question 791. In the United States the copyright period for works for hire:Answer Is 110 years from the first publication or 140 years from creation, whichever comes first Lasts for the life of the author plus 70 years Is 95 years from the first publication or 120 years from creation, whichever comes first Lasts for the life of the author plus 120 years2 points Question 801. Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.Answer True False2 points Question 811. Under the doctrine of strict liability, care and caution may mitigate liability.Answer True False2 points Question 821. Conviction of a felony can result in disenfranchisement.Answer True False2 points Question 831. The prohibition against arbitrary and unreasonable governmental intrusion of the right to privacy is found in the:Answer The Fifth Amendment The Sixth Amendment The Fourth Amendment The Eighth Amendment2 points Question 841. The difference between conversion and trespass to personal property is that:Answer Trespass to personal property does not require intent, while conversion does Trespass to personal property is based on interference with another’s personal property while conversion is based on dominion over another’s personal property Consent is not a defense to both trespass to personal property and conversion Courts do not consider extent of harm to property as a difference between conversion and trespass2 points Question 851. One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.Answer True False2 points Question 861. Plaintiffs who assumed the risk of a known danger created by another’s negligence are barred from recovery.Answer True False2 points Question 871. The World Trade Organization (WTO) addresses intellectual property rights under the:Answer TRIPS agreement TRIMS agreement FCRA agreement ERISA agreement2 points Question 881. Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.Answer True False2 points Question 891. A defendant is guilty of recklessness when:Answer His/her behavior indicates a conscious disregard for a known high degree of probable harm to another The risk of harm is lower than the degree of risk that would make an act negligence He/she commits a highly dangerous act without intent and foreseeable harm He/she involuntarily exposes himself to an unknown danger created by another’s negligence2 points Question 901. The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant’s negligence.Answer True False2 points Question 911. “Illegally gained evidence such as evidence resulting from ‘unreasonable searches and seizures’ cannot be used in criminal prosecutions” is commonly identified with:Answer The Miranda warning The exclusionary rule The right of confrontation Double jeopardy2 points Question 921. Which of the following is a true statement regarding trade secrets?Answer A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret A trade secret generally does not include processes, techniques and compilations of information A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection A business may attempt to maintain the trade secret if the monopoly period for patents is relatively long2 points Question 931. Patents, trademarks, copy rights and trade secrets are basic types of:Answer Intellectual property Community property Real property Contributing property2 points Question 941. Which of the following is a general negligence causation rule?Answer Negligent persons are liable for the full extent of the injuries of people if some physical peculiarity of a person aggravates his/her injuries Negligent persons are liable for people who do not make reasonable attempts to avoid being injured by the negligent person’s acts Negligent person are not liable to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person’s act Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries2 points Question 951. If Harry negligently imperils Sally and Susan attempts to come to Sally’s aid and in the process breaks her arm, Harry is liable for the harm to:Answer Sally only Susan only Both Sally and Susan Neither Sally nor Susan2 points Question 961. Both contributory negligence and assumption of the risk:Answer Are defenses adopted to ease the harshness of the comparative negligence system Are recent defenses to negligence Assume that everyone has a duty to exercise reasonable care for his/her own safety Assume that the plaintiff may recover if the defendant had the last opportunity to avoid harm2 points Question 971. Alex had planned to murder his business partner, Bard and acquire Bard’s shares. When he performed the deed, he was in a highly intoxicated state. The court:Answer Will hold him incapable of forming intent and give a bail Will hold him capable of forming intent and punish him for first-degree murder Will hold him incapable of forming intent and punish him for second-degree murder Will hold him capable of forming intent and give him a death penalty2 points Question 981. One of the conditions that a plaintiff must show in order to recover for trademark infringement is:Answer The defendant used the mark in commerce The defendant’s use of the mark was only in connection with the advertising of goods The defendant’s use of the trademarks dilutes their distinctive quality The defendant began using the trademarks after they became famous2 points Question 991. A van from Mario’s Squibb Company is damaged by a heavy metal keg, which rolls out of the second floor window of the two storied Toss-Co. Flower building. Toss-Co. Flower is the sole occupant of the building. Although the van was parked under the window while making a delivery at the Toss Co. receiving dock, no one admits to having seen the keg fall, nor are there any witnesses who can state where the keg was just before the accident. Can Mario recover against Toss-Co. for negligence?Answer Mario can recover, but only if it proves in detail how Toss-Co. breached its duty of reasonable care to Mario Mario can shift the burden of proof onto Toss-Co. to show that the accident was not caused by its (Toss-Co.’s) negligence if Mario can prove that kegs do not fall out of windows in the absence of negligence and that Toss-Co. had exclusive control of the keg prior to the accident Mario will be unable to recover because parking under an open second floor window amounted to contributory negligence Mario will be unable to recover because parking under an open second floor window amounted to assumption of risk2 points Question 1001. “Mensrea” is a term which means:Answer “formation of a specific criminal intent,” and is required by first-degree murder statutes “Defendants are not criminally responsible”, if they lack the capacity to conduct themselves in accordance with law “My fault,” a plea in a criminal action which accepts the plaintiff’s allegations without binding the defendant in a civil suit on the same wrong “Criminal intent,” one of the basic elements of the most serious crimes
What Students Are Saying About Us
.......... Customer ID: 12*** | Rating: ⭐⭐⭐⭐⭐"Honestly, I was afraid to send my paper to you, but splendidwritings.com proved they are a trustworthy service. My essay was done in less than a day, and I received a brilliant piece. I didn’t even believe it was my essay at first 🙂 Great job, thank you!"
.......... Customer ID: 14***| Rating: ⭐⭐⭐⭐⭐
"The company has some nice prices and good content. I ordered a term paper here and got a very good one. I'll keep ordering from this website."
