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#1
| Question | Answer |
|---|---|
| Which of the following statements is true about patent infringement in the United States? | A patent holder is entitled to monetary damages in case of infringement. |
| To recover for trademark infringement, the plaintiff must generally show that the defendant __________. | used the trademark in connection with the sale, distribution, or advertising of goods and services |
| The Sarbanes-Oxley Act requires public corporations to disclose whether they have adopted a code of ethics for senior financial officers. | True |
| What is a white-collar crime? | It is a nonviolent crime committed by businesspersons and organizations. |
| Under the notion of federalism, the United States is composed of 51 legal systems. | True |
| Martin works as a pizza delivery person. He parks his bike outside Regalia Inc. to deliver an order. Meanwhile, a damaged book rack in Regalia, which is situated on the first floor of the building, falls through an open window and crashes on his bike. No | Yes, if Martin can prove that book racks do not fall out of windows in the absence of negligence and that Regalia had exclusive control of the rack before the fall. |
| The partial obstruction of a person’s progress does not constitute false imprisonment. | True |
| Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that: | it is pursuing a compelling government interest in the least intrusive manner. |
| Generally, the role of appellate courts is to: | review the proceedings in the trial court and correct legal errors made by the trial judge. |
| The idea of placing a legal limit on the extent of a negligent person’s liability is called __________ cause. | Proximate |
| Which of the following statements is true regarding assumption of risk? | It bars the plaintiff's recovery if the plaintiff fully understood the nature and extent of the risk involved in the subject activity. |
| False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of __________. | disparagement |
| Which of the following is true regarding trespass to land? | If no actual losses result from a trespass, the plaintiff usually will recover only nominal damages. |
| Federal antitrust laws apply to _____. | behavior that substantially affects interstate commerce or international trade |
| In terms of Section 1 of the Sherman Act (Section 1) analysis, which of the following is true regarding per se activities and rule of reason actions? | Per se activities are automatically illegal, while the legality of a rule of reason action can be determined only after examining the behavior’s ultimate effect on competition. |
| Mens rea is an element of most serious crimes. | True |
| Section 3 of the Clayton Act applies only to commodities (goods), so tie-in, exclusive dealing, and requirements contracts that involve services must be attacked under Section 1 of the Sherman Act | True |
| If a distributor persuades a manufacturer to refuse to deal with a rival distributor, the two parties _____. | have committed a per se violation of Section 1 of the Sherman Act |
| When government regulatory programs interfere with the exercise of individual rights, they are subject to __________ challenge. | both a substantive and a procedural due process |
| If the behavior of someone who commits a tort is outrageous, that person can be made to pay __________ damages. | punitive |
| For a person to be convicted of criminal behavior, the state must: | demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent. |
| A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress. | True |
| Conversion is defined as: | the unlawful taking of or exercise of control over the personal property of another person. |
| Patent __________ gives the buyer, or anyone to whom she resells the article, the right to freely use or resell the item. | exhaustion |
| Which of the following is an advantage of licensing? | It permits quicker foreign market penetration than direct investment. |
| The attorney-client privilege rule prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice. | True |
| District courts: | have both fact-finding and law-finding functions. |
| In the context of defamation, publication means: | communication of the statement to at least one person other than the defamed party. |
| Common law arises when: | courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. |
| Silverlight, Inc., a cell phone retailer, agrees to sell cell phones and related accessories manufactured only by Moore Corporation. This is an example of a(n) _____. | exclusive dealing contract |
| A new claim stating that plaintiff owes the defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) __________. | counterclaim |
| Which of the following statements is true of criminal law? It is completely procedural. | It defines breaches of duty to society at large. |
| The __________ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors. | Sarbanes-Oxley Act |
| Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws? | Accessing the services of a commercial service provider without paying fees is a crime. |
| If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into Jamal’s car and is hit, Jamal is liable for Eddie's injuries. | False |
| Which of the following is true regarding the Clayton Act? | It was intended to be preventative in nature, and in most cases only the probability of a significant anticompetitive effect must be shown to establish a violation. |
| From the language of Section 1 of the Sherman Act, it is apparent that the purpose of Section 1 is to attack unilateral action in restraint of trade. | False |
| RICO is designed to stop the entry of organized crime into legitimate business enterprises. | true |
| A patent: | deprives competitors of the opportunity to use the invention without the patent holder's consent. |
| Which of the following is true regarding the tort of assault? | The tort of assault is designed to protect people from threats of battery. |
| In the United States, which of the following can be patented? | New chemical compounds |
| Which of the following is a true statement regarding a government “taking?? | If the government physically invades private property, a taking has occurred and compensation must be paid. |
| The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by: | prohibiting state laws that openly discriminate against interstate commerce. |
| The Free Exercise Clause states that the government “shall make no law respecting an establishment of religion.” | False |
| Under the First Amendment to the United States Constitution, commercial speech is: | subject to intermediate scrutiny, unlike political speech. |
| If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming, her __________ might prevent her from receiving damages for her injuries from George. | contributory negligence |
| According to the __________ doctrine, a copyright owner cannot prevent a lawful purchaser of copyrighted material from reselling that material. | first sale |
| Civil law defines breaches of duty to society at large. | False |
| The states retain the exclusive power to regulate __________ commerce | intrastate |
| Substantive due process protects people from arbitrary or unreasonable governmental interference with their life, liberty, or property rights. | True |
| Which of the following statements is true about a trade secret? | 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. |
| Patent protection generally runs for a period of 20 years, although design patents are protected for 14 years. | True |
| Utilitarianism is a teleological theory that suggests that “__________.” | the ends justify the means |
| Adia files a lawsuit against Chang in an Ohio court. Chang, a citizen and resident of neighboring Indiana, has never visited Ohio and has no personal ties with anyone in Ohio. Chang can successfully argue that the Ohio court: | lacks personal jurisdiction. |
| Torts are __________ wrongs against persons or property. | private (civil) |
| The problem with the view that a corporation should attempt to act in the best interests of all of its various constituencies is that: | the values of these constituencies may conflict. |
| Traditionally, __________ was imposed for those activities that were considered ultrahazardous. | strict liability |
| United States trademarks are registered for 10-year terms and are non-renewable | False |
| One of the major criticisms against the USA PATRIOT Act is that it: | goes too far in restricting civil rights. |
| Negligence is an unintentional breach of duty by the defendant that results in harm to another | True |
| Writ of certiorari (cert.) may be granted when: | there have been conflicting decisions in similar cases by different courts of appeal. |
| The tendency for members of a group to internalize the group's values and perceptions and to suppress critical thought is known as __________. | groupthink |
| Jurisdiction is defined as: | the authority of a court to hear and determine disputes. |
| The least touching can be a battery if it causes injury or would be considered offensive to __________. | a person of ordinary sensibilities |
| In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: | suit was brought for an improper purpose. |
| The Takings Clause of the United States Constitution is triggered by the power of __________. | eminent domain |
| Numerous proposals designed to make corporations more sensitive to outside concerns have been offered throughout the past few decades. Those recommendations include __________. | changing the composition of the corporate board. |
| Trial courts differ from inferior courts in that the trial courts: | are courts of record, and their decisions can be appealed. |
| The Equal Protection Clause of the Fourteenth Amendment prohibits any state from arbitrarily discriminating against persons. | True |
| If the United States Congress enacts valid legislation dealing with foreign or interstate commerce and state law conflicts with that legislation, the state law will be unconstitutional. In such cases, the state law is said to be __________. | expressly preempted |
| To violate Section 2(a) of the Robinson-Patman Act, the discriminatory sales must occur roughly within the same period of time and involve goods of like grade and quality. | true |
| In terms of negligence theory, which of the following is true about breach of duty? | A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm. |
| Which of the following is a reason why large corporations have the ability to influence legislation? | Their size, resources, and sophistication give them the capability to purchase this ability. |
| Which of the following is true regarding Section 2 of the Sherman Act? | Section 2 does not outlaw monopolies. |
| Any behavior that has not been classified as a per se violation of Section 1 of the Sherman Act is judged under a strict liability analysis. | False |
| The Supremacy Clause of the U.S. Constitution gives the federal government the power to regulate commerce "with foreign nations" and "among the several states.” | False |
| Noncommercial speech is also known as __________ or __________ speech. | pure; political |
| Tie-in contracts _____. | violate Section 3 of the Clayton Act if the seller has foreclosed competitors from a substantial volume of commerce in the tied product |
| Which of the following statements is true of state action? | The United States Constitution protects an individual only against governmental activity, usually called state action. |
| Administrative agencies: | can investigate and prosecute violations of statutes and regulations. |
| Generally, people who do not do what a statute requires are considered to be __________. | negligent per se |
| The objectives of preventive law are to arrange business plans and methods to increase profits by (a) avoiding losses through fines and damage judgments and (b) reaching business goals through enforceable contracts while avoiding government prohibitions | True |
| Which of the following is a general negligence causation rule? | The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his or her injuries. |
| In the United States, a copyright generally lasts for __________. | the life of the author plus 70 years |
| When conflict exists between the federal legal system and a state legal system, the federal rules prevail, even if the federal government is not acting under one of the powers granted to it by the United States Constitution. | False |
| According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without __________. | probable cause |
| Which of the following are the four basic types of intellectual property? | Patents, trademarks, copyrights, and trade secrets |
| The serving of a summary judgment on the defendant gives notice to the defendant of the suit, informs him or her who the plaintiff is, and states the time within which the defendant must make an appearance. | False |
| The United States Supreme Court requires that actual malice be proved when: | public officials sue the media for false and defamatory statements. |
| The freedom of speech granted by the United States Constitution is an example of __________. | substantive law |
| Which of the following is true of pleadings? | These are the first documents filed with the court, and they start and define the lawsuit. |
| The __________ Clause of the Fourteenth Amendment to the United States Constitution prohibits any state from arbitrarily discriminating against persons. | Equal Protection |
| Which of the following is an example of procedural law? | The rules as to how a court's judgment is to be enforced |
| Criminal prosecutions are brought by the prosecutor in the name of the government. | True |
| Publication of matters of public record cannot be the basis of a successful suit for invasion of privacy. | True |
| The plaintiff’s burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side. | True |
| What are the three primary powers of independent administrative agencies? | investigative, rule-making, and adjudicatory |
| Due to the constitutional prohibition of ex post facto laws, a new criminal statute applies only to actions taken after it becomes effective. | True |
| The Fifth Amendment to the United States Constitution includes the __________. | Prohibition against double jeopardy |
| The law of negligence holds our behavior up to an objective standard of conduct. | True |
| To recover in a negligence suit, the plaintiff must prove that the: | defendant's breach of duty was the proximate cause of the plaintiff's injuries |
| Negligent persons are generally held jointly liable (along with the negligent physician) for negligent medical care their victims receive for their injuries. This is true according to: | the basic principles of causation. |
| A statute is the product of the lawmaking of a legislature. | True |
| Stare decisis: | lends predictability to decisional law by relying on prior decisions. |
| Which of the following results in injury to a person's reputation? | Defamation |
| Courts are unwilling to provide trademark protection to a term if it is __________. | generic |
| An intervening cause, which happens after the defendant's negligent act and contributes to the plaintiff's injury, can excuse the defendant from liability if it: | was unforeseeable. |
| Salim files a case against Nina for nonpayment of a debt. Before the trial, Nina is examined under oath in the presence of Salim's attorney. This process of examination is known as a(n) __________. | deposition |
| Horizontal price-fixing _____. | is an attempt by competitors to interfere with the market and control prices |
| If a court has subject matter jurisdiction, it may decide the case even if it does not have personal jurisdiction over the defendant. | False |
Created by:
jpmorgan13