Reference no: EM131003737

Question 1: Abuse of process requires:

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 malice

Question 2: Tom is a 10 year-old who has been caught committing serious crimes repeatedly. According to recent states statutes, he will be:

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 adult

Question 3: The U.S. Supreme Court requires that actual malice be proved when:

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 statements

Question 4: 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:

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 damages

Question 5: Most states have abandoned a contributory negligence system and adopted a comparative negligence system.

True

False

Question 6: The Unites States awards patent privileges based on a:

First to contemplate standard

First to use standard

First to file standard

First to invent standard

Question 7: Which of the following is included in the Fifth Amendment?

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 confrontation

Question 8: Technology transfer agreements:

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 world

Question 9: A corporate officer may sometimes be found liable even when the officer had no actual knowledge of or control over, the activities in question.

True

False

Question 10: This is a good defense to recklessness.

Assumption of the risk

Unreasonable danger

Contributory negligence

Comparative negligence

Question 11: Under the ECPA, an electronic communication provider may disclose such communication if the disclosure was made as part of a government-authorized surveillance.

True

False

Question 12: Crimes are private wrongs, pursued by private attorneys.

True

False

Question 13: Which of the following is an example of interference with economic relations?

Trespass

False imprisonment

Disparagement

Defamation

Question 14: 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.

True

False

Question 15: The following is a good defense to a strict liability offense.

Assumption of the risk

Contributory negligence

Comparative negligence

Negligence per se

Question 16: The fair use defense regarding copyright infringement:

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 fair

Question 17: The CAN-SPAM Act:

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 crime

Question 18: Which of the following is an advantage of licensing?

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 owner

Question 19: No actual harm to the property is necessary for a trespass.

True

False

Question 20: The prohibition against excessive bail and fines can be found in:

The Eighth Amendment

The Fourth Amendment

The Fifth Amendment

The Sixth Amendment

Question 21: Identify the true statement regarding the patent infringement according to the U.S. law.

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 infringement

Question 22: This is a common defense to the tort of malicious prosecution.

Improper purpose

Lack of capacity

Probable cause

Inducing a breach of contract

Question 23: Consent can be a defense to battery only if the consent is freely and intelligently given.

True

False

Question 24: Which of the following is NOT one of the basic principles of causation?

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 victim

Question 25: The theory of vicarious copyright infringement is an outgrowth of the doctrine of:

Respondeat superior

Caveat emptor

Caveat venditor

Res ipsa loquitur

Question 26: Under the tort of defamation:

Truth is a complete defense

Opinions may be considered defamatory

Statements by members of Congress may be defamatory

Private statements between spouses may be defamatory

Question 27: Compensatory damages are also known as:

Actual damages

Punitive damages

Nominal damages

Statutory damages

Question 28: People who do not do what a statute requires are sometimes considered to be "negligent per se". This means that:

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 negligence

Question 29: When the trademark is a descriptive term:

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 class

Question 30: 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?

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 her

Question 31: Courts allow third parties to recover for emotional distress resulting from witnessing harm caused to another person by defendant's negligent acts:

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 act

Question 32: A negligent person is not liable for the proximate results of his/her negligence.

True

False

Question 33: Voluntary intoxication is a complete defense to a crime.

True

False

Question 34: An individual has been injured by the racketeering of a company. Under RICO, he can:

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' fees

Question 35: Trademark dilution laws focus on protecting the investment of trademark owners, while traditional trademark laws were intended to protect consumers.

True

False

Question 36: Disenfranchisement refers to:

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 misdemeanor

Question 37: The elements of an intentional tort are:

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 statute

Question 38: Assumption of risk:

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 liability

Question 39: A patent generally is effective for 10 years from the date of filing.

True

False

2 points

Question 40: Personal liability for corporate officers implies that:

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 question

Question 41: The plaintiff's burden of proof in a tort case is identical to that of a criminal case.

True

False

Question 42: In addition to demonstrating actual emotional distress, if a third party wants to recover negligent infliction of emotional distress, a plaintiff must show that:

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 it

Question 43: Which of the following is not true of cybercrime?

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 communication

Question 44: The person who owns the intellectual property is known as the:

Licensor

Licensee

Guarantor

Warrantor

Question 45: In which of the following ways can insanity on the part of a criminal defendant affect a trial?

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 treatment

Question 46: Under the Sarbanes-Oxley Act of 2002:??:

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 them

Question 47: 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.

True

False

Question 48: The responsible corporate officer doctrine:

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 officials

Question 49: Truth is not a defense to a defamation action.

True

False

Question 50: 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:

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 damage

Question 51: Intentional torts are both civil and criminal in nature.

True

False

Question 52: Assault is an intentional, nonconsensual touching that is harmful or offensive.

True

False

Question 53: 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.

True

False

Question 54: To recover in a negligence suit, a plaintiff must prove that the:

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 care

Question 55: The U.S. Supreme Court has greatly narrowed the reach of RICO.

True

False

Question 56: The Federal Sentencing Guidelines:

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 frauds

Question 57: The risk of a licensee producing inferior goods or inferior service is drastically reduced if the licensor closely monitors his/her activities.

True

False

Question 58: A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology throughout the world using the:

Exclusive dealing clause

Grant-back provision

Territoriality principle

Territorial restriction

Question 59: Trademark dilution laws:

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 licensor

Question 60: A trade secret is also called:

Performance standard

Contributory copyright

Compilation of information

Propriety information

Question 61: Which of the following can serve as the basis for a successful defamation suit if the person publishing the statement abuses the privilege?

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 spouses

Question 62: A service mark is a descriptive term that distinguishes businesses rather than their products or services.

True

False

Question 63: To assess whether a governmental action has infringed on an individual's rights, the court:

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 necessary

Question 64: The Computer Fraud and Abuse Act:

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 officials

Question 65: 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:

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 violations

Question 66: 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?

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 punishment

Question 67: A confidentiality clause may be utilized:

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 others

Question 68: Tort reform measures:

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 Amendment

Question 69: Courts are unwilling to provide trademark protection to a term if it is:

Arbitrary

Descriptive

Generic

Suggestive

Question 70: A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.

True

False

Question 71: Which of the following is true of the USA PATRIOT Act?

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 jury

Question 72: Courts treat a term as distinctive and automatically qualify it for trademark protection if it is:

Generic

Descriptive

Arbitrary

Comprehensive

Question 73: TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.

True

False

Question 74: 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:

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 defamation

Question 75: Nontestimonial evidence such as fingerprints, hair samples and bodily fluids can be obtained through compulsion.

True

False

Question 76: 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.

True

False

Question 77: All of the following are racketeering activities except:

Arson

Bribery

Securities fraud

Extortion

Question 78: This clause in a technology transfer agreement indicates the precise scope of the license.

The granting clause

The requirements clause

The exclusive dealing clause

The technical service clause

Question 79: In the United States the copyright period for works for hire:

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 years

Question 80: Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.

True

False

Question 81: Under the doctrine of strict liability, care and caution may mitigate liability.

True

False

Question 82: Conviction of a felony can result in disenfranchisement.

True

False

Question 83: The prohibition against arbitrary and unreasonable governmental intrusion of the right to privacy is found in the:

The Fifth Amendment

The Sixth Amendment

The Fourth Amendment

The Eighth Amendment

Question 84: The difference between conversion and trespass to personal property is that:

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 trespass

Question 85: One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.

True

False

Question 86: Plaintiffs who assumed the risk of a known danger created by another's negligence are barred from recovery.

True

False

Question 87: The World Trade Organization (WTO) addresses intellectual property rights under the:

TRIPS agreement

TRIMS agreement

FCRA agreement

ERISA agreement

Question 88: Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.

True

False

Question 89: A defendant is guilty of recklessness when:

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 negligence

Question 90: The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant's negligence.

True

False

Question 91: "Illegally gained evidence such as evidence resulting from ‘unreasonable searches and seizures' cannot be used in criminal prosecutions" is commonly identified with:

The Miranda warning

The exclusionary rule

The right of confrontation

Double jeopardy

Question 92: Which of the following is a true statement regarding trade secrets?

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 long

Question 93: Patents, trademarks, copy rights and trade secrets are basic types of:

Intellectual property

Community property

Real property

Contributing property

Question 94: Which of the following is a general negligence causation rule?

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 injuries

Question 95: 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:

Sally only

Susan only

Both Sally and Susan

Neither Sally nor Susan

Question 96: Both contributory negligence and assumption of the risk:

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 harm

Question 97: 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:

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 penalty

Question 98: One of the conditions that a plaintiff must show in order to recover for trademark infringement is:

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 famous

Question 99: 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?

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 risk

Question 100: "Mensrea" is a term which means:

"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.