Quiz
B LAW Exam 1
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Questions in this quiz (159)
1A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional
- ATrue
- BFalse
2The US Constitution is the supreme law of the land
- ATrue
- BFalse
3Each state has its own constitution
- ATrue
- BFalse
4Equity is a branch of unwritten law that seeks to award damages in most cases
- ATrue
- BFalse
5A plaintiff is a person against whom a lawsuit is brought
- ATrue
- BFalse
6A decision on a given issue by a court is not binding on an inferior court
- ATrue
- BFalse
7Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions
- ATrue
- BFalse
8A court may depart from a precedent if the precedent is no longer valid in view of changed technology
- ATrue
- BFalse
9Common law is no longer a source of legal authority
- ATrue
- BFalse
10A substantive law creates or defines legal rights and obligations
- ATrue
- BFalse
11The River City Council, the Santa Clara County Board, the Texas State Legislature and the US Congress enact laws. These laws constitute
- Aadministrative law
- Bcase law
- Cstare decisis
- Dstatutory law
12The US congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies
- Aonly to matters not covered by state law
- Bonly to those states that adopt the statute
- Cto all of the states
- Dto none of the states
13If a provision in the Florida state constitution conflicts with a provision in the US constitution
- Aneither provision applies
- Bthe provisions are balanced to reach a compromise
- Cthe state constitution takes precedence
- Dthe US Constitution takes precedence
14The US has a common law system. The common law began
- Aas a body of general rules applied in the courts throughout England
- Bas a group of legal principles enacted by continental European nations
- Cas part of Roman civic law
- Din the Islamic courts of Muslim countries
15Gary is a state court judge. In his court, as in most state courts, he may grant
- Aequitable and legal remedies
- Bequitable remedies only
- Clegal remedies only
- Dneither equitable nor legal remedies
16Jill is an appellate court judge. In this capacity, Jill establishes rule of law. Under the doctrine of stare decisis, the principle must be adhered to by
- Aall courts
- Bcourts of lower rank only
- Cthat court and courts of lower rank
- Dthat court only
17In Alpha v. Beta, the court decides that a precedent is incorrect or inapplicable. With this in mind, the court
- Amay rule contrary to the precedent
- Bmust apply the precedent
- Cmust refuse to decide the particular case
- Dmust "stand on the decided case"
18Areas of the law not governed by statutory or administrative law are
- Agoverned by the common law
- Bnot governed by any law
- Copen to each individual's own interpretation
- Dsubject to local ordinances
19Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is
- Athe appellant
- Bthe appelle
- Cthe defendant
- Dthe plaintiff
20The Montana Supreme Court decides the case of National Co v. Overseas Corp. Of nine justices, eight believe the judgement should be in National's favor. Justice Pine disagrees and writes a separate opinion. This opinion is
- Aa concurring opinion
- Ba dissenting opinion
- Ca minority opinion
- Da unanimous opinion
21The function of the courts is to interpret and apply the law
- ATrue
- BFalse
22State courts are independent of federal courts
- ATrue
- BFalse
23The executive branch is the final authority concerning the constitutionality of a law
- ATrue
- BFalse
24A long arm statute permits a court to obtain jurisdiction over an out of state defendant
- ATrue
- BFalse
25For purpose of diversity of citizenship, a corporation is a citizen only of the state where it is incorporated
- ATrue
- BFalse
26A business firm may have to comply with the laws of any jurisdiction in which it activley targets customers
- ATrue
- BFalse
27To have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining
- ATrue
- BFalse
28Federal cases typically originate in federal district courts
- ATrue
- BFalse
29The United States Supreme Court can review a decision by a state's highest court only if a question of federal law is involved
- ATrue
- BFalse
30Mediation is adversarial in nature
- ATrue
- BFalse
31Henry, a resident of indiana, has an accident with Jane, a resident of Kentucky, while driving through that state. Jane files a suit against Henry in Kentucky. Regarding Harry, Kentucky has
- Adiversity jurisdiction
- Bin personam jurisdiction
- Cin rem jurisdiction
- Dno jurisdiction
32Paula, a resident of California, owns a farm in Iowa. A dispute arises over the ownership of the farm with Don, a resident of Nevada. Don files a suit against Paula in Iowa. Regarding this suit, Iowa has
- Adiversity jurisdiction
- Bin personam jurisdiction
- Cin rem jurisdiction
- Dno jurisdiction
33Sam, a citizen of Tennessee, files a suit in Tennessee state court against United Sales Corp. a Wyoming company that does buisness in Tennessee. The court has original jurisdiction, which means that
- Aa case is being heard for the first time
- Bthe court does not have concurrent jurisdiction
- Cthe court has standing
- Dthe court has venue
34Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has
- Aa commercial cyber presence in Missouri
- Bconducted substantial business with Missouri residents
- Cgeneral maximum contact with Missouri
- Dsolicited virtual business in Missouri
35Lee files a suit in Michigan against Ned over ownership of a boat docked in a Michigan harbor. Lee and Ned are residents of Ohio. Ned could ask for a change in venue on the ground that Ohio
- Ahas sufficient stake in the matter
- Bhas jurisdiction
- Chas sufficient minimum contacts with the parties
- Dis a more convienent location to hold the trial.
36Child's Play Inc. sells a toy with a dangerous defect. Drew buys the toy for his own son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firms best ground for dismissal of the suit is that Drew does not have
- Acertiorari
- Bjurisdiction
- Cstanding to sue
- Dsufficient minimum contracts
37Kit loses her suit aginst Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to the
- AUS District court
- BThe Minnesota Supreme Court
- CThe US Supreme Court
- DUS Court of Appeals for the Eighth Circut
38Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is
- Aarbitration
- Blitigation
- Cmediation
- Dnegotiation
39Jen files a suit against Kyle. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is
- Aarbitration
- Blitigation
- Cmediation
- Dnegotiation
40The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores Inc. Jiffy Mart files an appeal with the US Supreme Court. The Court does not hear the case. This
- Ais a decision on the merits with value as a precedent
- Bindicates agreement with the Idaho court's decision
- Cmeans nothing
- Dmeans that the Idaho court's decision is the law in Idaho
41US Courts follow the adversarial system of justice
- ATrue
- BFalse
42Only a plaintiff may file a motion for summary judgement
- ATrue
- BFalse
43A motion for summary judgement may be supported with materials outside the pleadings
- ATrue
- BFalse
44An affidavit is a set of written questions answered under oath.
- ATrue
- BFalse
45A motion for a judgement notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the nonprevailing party
- ATrue
- BFalse
46A party who files an appeal is known as appellant
- ATrue
- BFalse
47After a decision has been rendered in a case, no party can file an appeal
- ATrue
- BFalse
48A judgment may go unpaid
- ATrue
- BFalse
49In most states, if neither party request a jury, there will be no jury trial
- ATrue
- BFalse
50A judge instructs a jury as to the law that applies in a case
- ATrue
- BFalse
51To initiate a lawsuit, Allen files a complaint against Beth, who responds with an answer. Taken together, the complaint and answer are
- Adepositions and interrogatories
- Bdiscovery
- Chearsay
- Dthe pleadings
52Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include
- Aan explanation of the proof to be offered at trial
- Ba motion for judgment n.o.v
- Ca motion for judgment on the pleadings
- Da statement of the grounds for the court to exercise jurisdiction
53Kyle files a suit against Lora. The document that informs Lora that she is required to respond is
- Athe answer
- Bthe complaint
- Cthe service of process
- Dthe summons
54Ruth files a suit against Solid Products Inc. Solid responds that even if Ruth's statement of the facts is true, according to the law Solid is not liable. This is
- Aa counterclaim
- Ba motion for judgement on the pleadings
- Ca motion for summary judgement
- Da motion to dismiss
55Real Clean Laundry Inc files a suit against Sudsee Soap Company and seeks, as part of discovery, certain documents in Sudsee's possesion. A legitimate reason for this request is that documents contain
- Aprivate information that should be made public
- Bproof that Real Clean needs to establish its case
- Cproof that Sudsee needs to defend against the suit
- Dpublic information in its most convienient form
56Quality Products Inc files a suit against Retail Sales Corp. Sid is a witness for Quality. Tod is a witness for Retail. Quality may direct interrogatories to
- ARetail only
- BRetail, Sid, or Tod
- CSid only
- DSid or Tod only
57To prepare for trial between Large Lots Development Corporation and MiniMansion Construction Company, MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is
- Aa cross-examination
- Ba deposition
- Can imposition
- Dan interrogatory
58During the trial phase of Fuel Corporation's suit against Gas Stations, Inc. their attorneys engage in voir dire. This is
- Athe assesment of the arguments on the issues
- Bthe determination of the issues to be argued
- Cthe litigation of the issues and arguments
- Dthe selection of jurors
59Irma files a civil suit against Jim. To succeed, Irma must prove her case
- Abeyond reasonable doubt
- Bby a preporderance of the evidence
- Cby indisputable proof
- Dwithin an iota of the truth
60In Federated Corp's suit against Great Stores, the jury returns a verdict in Federated's favor. Great Stores files a motion asking the judge to set aside the verdict and began new proceedings. This is a motion for
- Aa judgment in accordance with the verdict
- Ba judgment on the pleadings
- Ca new trial
- Djudgment n.o.v.
61In Restful Motel's suit against Sleepy Hotels, the jury returns a verdict in Restful's favor. Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor. This is a motion for
- Aa judgement in accordance with the verdict
- Ba judgement on the pleadings
- Ca new trial
- Djudgement n.o.v.
62Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare
- ATrue
- BFalse
63A state law that treats nonresidents different from residents may violate the priveleages and immunities clause.
- ATrue
- BFalse
64Under the US Constitution, each branch of government limits some actions of the other branches
- ATrue
- BFalse
65Congress can regulate any activity that substantially affects interstate commerce
- ATrue
- BFalse
66The supremacy clause of the Constitution provides that a state law is invalid when it directly conflicts with a federal law
- ATrue
- BFalse
67Congress may tax some states and exempt others
- ATrue
- BFalse
68The First Amendment protects symbolic speech
- ATrue
- BFalse
69A restirction on commercial speech that implements a substantial government interest may be valid
- ATrue
- BFalse
70The First Amendment protects obscene speech
- ATrue
- BFalse
71A law that restricts a fundamental right violates substantive due process unless it promotes a compelling or overriding state interest
- ATrue
- BFalse
72Procedural due process requires that any taking of a person's life, liberty, or property by government must be made equitably, or fairly
- ATrue
- BFalse
73Equal protection means that the government must treat similarliy situated individuals differently
- ATrue
- BFalse
74Under the Constitution
- Aneither the national government nor the states have sovereign power
- Bthe national government and the states share soverign power
- Cthe national government has all sovereign power
- Dthe states have all power
75Under the Constitution, the legislative branch of the government
- Aadministers the laws
- Benforces the laws
- Cinterprets the laws
- Dmakes the laws
76Household Furnishings distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
- Aany commercial activity in the US
- Bonly activities that are intrastate commerce
- Conly activities that are in local commerce
- Donly activities that are not in commerce
77Congress enacts a law prohibiting toys made in China from being sold in the US. The Hawaii state legislature enacts a law allowing the sale of Chinease-made toys. Hawaii's law will most likely be
- Arendered invalid under the supremacy clause
- Brendered valid the equal protection clause
- Cstruck down under the taxing and spending clause
- Dupheld under the commerce clause
78Drew, a US citizen, is the owner of Egret. Egrets competitors include Feathered Friends Company, which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Drew against various types of interference by
- AFFC and its other compeittors only
- BFFC, Greg, Huey, others, and the government
- CGreg, Huey, and other private individuals only
- Dthe government only
79Ron, the chief executive officer of Standard Business Corporation, claims that certain actions by the state of Texas infringe on rights guranteed by the Bill of Rights. Most of these rights are help to limit state government actions under
- Athe commerce clause
- Bthe due process clause of the 14th amendment
- Cthe equal protection clause of the 14th amendment
- Dthe 10th amendment
80Congress enacts the Act to Restrict Commercial Speech. The ARCS will be considered valid
- Aif it directly advances a substantial government interest but goes no further than necessary
- Bif it directly advances a substantial government interest regardless of how far it goes
- Cunder any circumstances
- Dunder no circumstances
81The requirement that no person be deprived of "life, liberty, or property without due process of law" is foiund in
- Ano provision in the US Constitution
- Bthe 1st and 2nd ammendment
- Cthe 3rd and 4th amendments
- Dthe 5th and 14th amendments
82Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on
- Aprocedures used in making decisions to take life, liberty, or property
- Bthe similarity of the treatment of similarly situated individuals
- Cthe content, or substance, of the statute
- Dthe steps to be taken to protect Orin's privacy
83Ethics focuses on the way in which moral principles apply in daily life
- ATrue
- BFalse
84Business ethics is consistent only with short-run profit maximization
- ATrue
- BFalse
85Managers must apply different standards to themselves than they apply to their employees
- ATrue
- BFalse
86Setting realistic workplace goals can reduce the probablity that employees will act unethically
- ATrue
- BFalse
87Duty-bused ethical standards imply that people have basic rights
- ATrue
- BFalse
88According to utilitarinism, it does not matter hoe many people benefit from an act
- ATrue
- BFalse
89Corporate ethical policies must be clearly communicated to be effective
- ATrue
- BFalse
90Ethical codes of conduct can set the ethical tone of a firm
- ATrue
- BFalse
91Simply obeying the law does not fulfill all ethical obligations
- ATrue
- BFalse
92The legality of a particular action is always clear
- ATrue
- BFalse
93In studying business law, Professor Smith's students also study ethics in a business context. Ethics is the study of what constitutes
- Afinancially rewarding behavior
- Blegal behavior
- Creligious behavior
- Dright or wrong behavior
94In making business decisions, Brian, personnel manager for Conservative Investments, applies his belief that all persons have fundamental rights. This is
- Aa religious rule
- Bthe categorical imperative
- Cthe principle of rights
- Dutilitarinism
95Energy Research Corporation asks its employees to consider ethical behavior from a
categorical imperitive" perspective. This approach- Acategorizes certain actions as imperative
- Bconsiders the consequences to follow if everyone acted the same
- Cfocuses on categories of rights and privileges
- Dimposes sanctions on those who behave unethically
96Manufactured Goods asks its employees, many of whom are members of the National Machinists Union, to apply the utilitarian theory of ethics. This theory does not require
- Aa choice among alternatives that will produce maximum social utility
- BA determination of whom an action will affect
- Can assesment of the effects of alternatives on those affected
- Dthe acquiring of the means of production by workers
97Bob, a research manager for Corn Products, applies utilitarian ethics to determine that an action is morally correct when it produces
- Athe greatest good for Bob
- Bthe greatest good for the most people
- Cthe least good for the fewest people
- Dthe least good for the most people
98Quality Business Corp makes and sells its products nationwide. To be considered socially responsible when making a business decision, QBC could take into account the needs of
- Aits consumers, the community, and society only
- Bits employees and owners only
- Cits employees, owners, consumers, the community, and society
- Dno one
99Import-Export Sales, like other businesses, has duties prescribed by
- Aethics and the law
- Bethics only
- Cthe law only
- Dthe market only
100Make-It Construction Corp makes a side payment to a government official in Nigeria to obtain a contract. In the US, this is
- Aillegal and unethical
- Billegal only
- Cneither illegal nor unethical
- Dunethical only
101Delta Equity Corp provides other firms with capital to expand operations. If Delta strictly complies with existing laws, the firm will
- Afulfill all business ethics obligations
- Bfulfill no business ethics obligations
- Cfulfill some business ethics obligations
- Dnot need to fulfill any business ethics obligations
102The purpose of tort law is to punish criminal wrongdoers
- ATrue
- BFalse
103To commit an intentional tort, a person must intend to perform an act that causes harm
- ATrue
- BFalse
104Slander involves the oral communication of defamatory language
- ATrue
- BFalse
105A written defamatory statement must be communicated to a third party to be actionable
- ATrue
- BFalse
106To commit trespass to land, a person must harm the land
- ATrue
- BFalse
107Publishing false information about another's product is conversion
- ATrue
- BFalse
108A failure to return personal property is conversion even if the rightful owner consented to the inital taking
- ATrue
- BFalse
109Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary
- ATrue
- BFalse
110Causation in fact exists if an injury would not have occurred without the defendant's act
- ATrue
- BFalse
111Negligence per se may occur on the violation of a statute
- ATrue
- BFalse
112Louis (larger and stronger than Mica) threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assualt and battery. Mica will most likely recover for
- Aassault and battery
- Bassault but not battery
- Cbattery but not assault
- Dneither assault nor battery
113Jaqy distributes a handbill among her neighbors accusing one of them - ked - of being a convicted sex offender. The statement is defamatory only if
- Aa neighbor repeats it
- BKed suffers emotional distress
- Cthe statement is true
- Dthe statement is false
114Toni files a suit against Universal Media Corp for defamation. Actual malice must be shown for recovery of damages if Toni is
- AA corporate officer
- Ba non-employee
- Ca private individual
- Da public figure
115Best computers, a computer store, takes unethical steps to divert the customers of Cyber Goods. Best may be liable for
- Aappropriation
- Bwrongful interference with a business relationship
- Cwrongful interference with a contractual relationship
- Dnone of the above
116Lon trespasses on Mega Corp property. Through the use of reasonable force, Mega's security guard Ned detains Lon until the police arrive. Mega is liable for
- Aassault and battery
- Bfalse imprisonment
- Cintentional infliction of emotional distress
- Dnone of these
117Pier shops in a Rowdy Ranch. Enticed by a display, Pier takes an item to examine it and, when she is done, places it on the floor. Tanner, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. With respect to the danger, Rowdy had
- Aa duty to advise its patrons that they assume all such risks
- Ba duty to discover and remove the hazard
- Ca duty to carry insurance to cover such risks
- Dno duty
118Marie, a driver for Northern States Transport Company, causes a 5 car accident on an interstate highway. Marie and Northern States are liable to
- Aall those who are injured
- Bonly those whose injuries could reasonably have been foreseen
- Conly those whos cars were immediately ahead and behind Marie
- Donly those who do not have insurance
119Leo slips and falls in Mornin' Breakfast and is injured. Leo files a suit against Mornin for 50,000. If Leo is 20% at fault and Morning is 80%, under a contributory negligence doctorine, Leo would recover
- A0
- B25,000
- C40,000
- D50,000
120The basis for applying strict liability is an intentional wrongful act
- ATrue
- BFalse
121The extreme risk of an activity is a defense against imposing strict liability
- ATrue
- BFalse
122Strict liability is imposed for reasons other than fault
- ATrue
- BFalse
123A person who keeps a domestic animal is always strictly liable for any harm that the animal inflicts
- ATrue
- BFalse
124A manufacturer's duty of care does not extend to the inspection and testing of products brought to incorporate in the final product
- ATrue
- BFalse
125A public policy underlying the imposition of strict liability is that a manufacturer who makes an unsafe product should be put out of business
- ATrue
- BFalse
126To avoid strict product liability, a manufacturer must make a product entirely safe for all users
- ATrue
- BFalse
127Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product
- ATrue
- BFalse
128A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product
- ATrue
- BFalse
129A statute of repose may limit the time within which a plaintiff can file a product liability suit
- ATrue
- BFalse
130Resource Recovery Inc uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctorine of strict liability for any injury caused by an abronally dangerous activity is
- Aneither Resource nor Sabrina
- BRsources and Sabrina
- CResources only
- DSabrina only
131Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-tech, the games manufacturer. K-Tech is held liable under the doctorine of strict liability. A significant application of this doctorine is in the area of
- Acyber crime
- Bnegligence
- Cproduct liability
- Dres ipsa loquitur
132Breakfast Foods Corp markets waffle irons, one of which proves defective and injures Chelsea. Brekafast Foods strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that
- ABreakfast Foods profits from the sale of its waffle irons
- BChelsea is a person, not a corp like Breakfast
- Cmarketing is an "abnormally dangerous activity"
- Dthe doctrine of strict liability is the norm rather than the exception
133Stable Company makes hedge trimmers. Troy is injured while using a Stable trimmer and sues the company for product liability based on negligence. to win, Troy must show that
- AStable did not use due care with respect to the trimmer
- BStable misrepresented a material fact regarding the trimmer
- CTroy was in privity of contract with Stable
- DTroy was expierenced in the use of trimmers
134Oven Products makes microwave ovens. Pico discovers that his Oven Products oven is defective and sues the maker for product liability based on strict liability. To win, Pico must show that
- AOven Products sold the oven to Pico
- BPico knew and appreciated
- CPico suffered an injury caused by the defect
- Dthe defect was a commonly known danger
135Cold Stuf Inc, makes snowboards, which it sells to Deep Freeze Sports Store (DFS). DFS sells Cold Stuf boards to consumers, including Ed. Ed was injured while using the board. In a product liability suit based on strict liability, Ed may recover from
- ACold Stuf only
- BCold Stuf or DFS
- CDFS only
- Dno one
136Horizion corp. makes cell phones. Inez files a product liability suit against Horizon, alleging a design defect. Under the Restatement (third) of torts: Products Liability, in deciding whether to Hold Horizon liable, the court consider
- Aneither the effect of an alternative design on the products costs and life nor the range of consumer choice among products
- Bonly the effect of an alternative design
- Conly the range of products
- Dthe effect of an alternative design and the range of products
137Country Style Inc. makes landscaping tools. Under the Restatement of (third) torts: products liability, Country could be liable for a warning defect if there is foreseeable risk of harm posed by a product and
- Athe omission of a warning renders the product not reasonably safe
- Bthere is a reasonable alternative design
- Cthere is a lack of care in making the product
- Dnone of the choices
138A Coastal Railroad train's brakes malfunction and it rolls towards maintanance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. The train hits Dick, who sues Eagle Inc, the brakes' manufacturer. Eagle can raise the defense of
- Aa component-part manufacturer
- Bassumption of risk
- Cconsumer participation
- Dproduct misuse
139Gert, an obese individual, files a suit against Hot n' Tasty Inc, alleging that its food is unhealthy because, as is well known, it contains high levels of salt and sugar. Get's suit is most likely to
- Afail, because salt and sugar are not unhealthy ingredients in food
- Bfail, because the danger is open and obvious to a reasonable consumer
- Csucceed, because the danger is open and obvious to any consumer
- Dsucceed, because the food's contents obviously caused Gert's obesity
140To establish dilution, an alleged infringer's use of a famous mark must actually reduce the value of the mark
- ATrue
- BFalse
141A fanciful use of ordinary words may be trademarked
- ATrue
- BFalse
142A service mark distinguishes products used by the government
- ATrue
- BFalse
143In the US, patent protection is given to the first person to invent a product
- ATrue
- BFalse
144In 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
- ATrue
- BFalse
145A list of customers is not a trade secret
- ATrue
- BFalse
146A trademark must be registered to support a trademark infringement action
- ATrue
- BFalse
147A license permits the use of intellectual property for certain limited purposes
- ATrue
- BFalse
148There are no registration requirements for trade secrets
- ATrue
- BFalse
149Under the Madrid Protocol, a company can register its trademark in more than one country with a single application
- ATrue
- BFalse
150Beans Coffee and Cocoa Company makes and sells a chocolate-flavored coffee drink under the name"CoCoCafe." Darkroast Java later markets a similar tasting drink under the name KoKoKafe. This is most likely
- Acopyright infringement
- Bpatent infringement
- Ctrademark infringement
- Dnone of these choices
151NCC uses a trademark that neither NCC nor anyone else has registered with the government. Under federal trademark law, NCC
- Acan register the mark for protection
- Bcannot register a mark that has been used in commerce
- Chas committed trademark infringement
- Dmust postpone registration until the mark is out of use for 6 months
152Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style. This image and overall appearence is
- Aa certification mark
- Ba collective mark
- Ca service mark
- Da trade dress
153Phil invents PhutureNow, a new web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected
- Afor ten years
- Bfor twenty years
- Cfor the life of the inventor plus seventy years
- Dforever
154Gas Up designs and makes fuel injection system that copies part of Hybrid Corp's designs without Hybrid's permission. This is most likely
- Acopyright infringement
- Bpatent infringement
- Ctrademark infriengement
- Dnone
155Rita copies Sam's book, in its entirety and sells it to USA Books, without Sam's permission. USA publishes it under Rita's name. That is
- Acopyright infringement
- Bpatent infringement
- Ctrademark infringement
- Dnone of the choices
156CMC obtains, and gives its employees, a list of the customers of Dandy Sales, Without DSI permission. Under the law that applies to trade secrets, CMC's use of the list is actionable
- Aonly if CMC and DSI are competitors
- Bonly if DSI customers are confused
- COnly if CMC and DSI are competitors and DSI customers are confused
- Dregardless of whether CMC and DSI are competitors or DSI's customers are confused
157Lex reproduces Mina's copyrighted work without paying royalties. Lex is most likely excepted from liability for copyright infringement under the fair use doctrine if
- ALex copies the entire
- BLex distributes the copies freely to the public
- CLex's use has no effect on the market for Mina's work
- DLex's use is for a commercial purpose
158In 2011, Sara writes 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
- Afor ten years
- Bfor twenty years
- Cfor the life of the author plus seventy years
- Dforever
159Ross emails Super Surfboard Company's marketing campaign to Summer Sports Corporation, Super's competitor, withouts its permission. This is
- Aa sneaky but legal method to shock a business rival
- Ba secretive but lawful way to exact revenge on a supervisor
- Ca simple, legitimate attempt to create a job oppurtunity
- Da theft of trade secrets
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- Description
- Business/Economics Quiz on B LAW Exam 1, created by Owen Hand on 10/03/2022.
- Author
- Owen Hand
- Language
- English
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- 6
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