<\/p>\n
Chapter 5,6,7,8<\/p>\n
Question 1
1.\u00a0
Abuse of process requires:
Answer
\u00a0
\u00a0That the suit terminate in the defendant’s favor
\u00a0
\u00a0That there be a probable cause
\u00a0
\u00a0Proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed
\u00a0
\u00a0Proof that the suit was brought out of malice
2 points\u00a0\u00a0\u00a0
Question 2
1.\u00a0
Tom is a 10 year-old who has been caught committing serious crimes repeatedly. According to recent states statutes, he will be:
Answer
\u00a0
\u00a0Incapable of forming criminal intent
\u00a0
\u00a0Presumed to be incapable of forming criminal intent
\u00a0
\u00a0Capable of forming criminal intent
\u00a0
\u00a0Presumed incapable, but due to repeated offences will be treated like an adult
2 points\u00a0\u00a0\u00a0
Question 3
1.\u00a0
The U.S. Supreme Court requires that actual malice be proved when:
Answer
\u00a0
\u00a0Public officials sue the media for false and defamatory statements
\u00a0
\u00a0Public officials are found strictly liable for a crime
\u00a0
\u00a0Public figures sue for physical harm resulting from malice
\u00a0
\u00a0Public figures and public officials sue the media for publishing true statements
2 points\u00a0\u00a0\u00a0
Question 4
1.\u00a0
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
\u00a0
\u00a0Seth can sue the store for false imprisonment
\u00a0
\u00a0Seth can sue the store for false imprisonment, emotional distress and battery
\u00a0
\u00a0The store has conditional privilege to stop persons it feels are shoplifting and the guard did not detain Seth for an unreasonable period
\u00a0
\u00a0The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages
2 points\u00a0\u00a0\u00a0
Question 5
1.\u00a0
Most states have abandoned a contributory negligence system and adopted a comparative negligence system.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 6
1.\u00a0
The Unites States awards patent privileges based on a:
Answer
\u00a0
\u00a0First to contemplate standard
\u00a0
\u00a0First to use standard
\u00a0
\u00a0First to file standard
\u00a0
\u00a0First to invent standard
2 points\u00a0\u00a0\u00a0
Question 7
1.\u00a0
Which of the following is included in the Fifth Amendment?
Answer
\u00a0
\u00a0The prohibition against trying an acquitted defendant twice for the same crime
\u00a0
\u00a0The prohibition against excessive bail and fines
\u00a0
\u00a0The exclusionary rule
\u00a0
\u00a0The right of confrontation
2 points\u00a0\u00a0\u00a0
Question 8
1.\u00a0
Technology transfer agreements:
Answer
\u00a0
\u00a0Protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur
\u00a0
\u00a0Generally permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment
\u00a0
\u00a0Do not receive legal protection unless its owner took reasonable precautions to keep it a secret
\u00a0
\u00a0Assert 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
2 points\u00a0\u00a0\u00a0
Question 9
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 10
1.\u00a0
This is a good defense to recklessness.
Answer
\u00a0
\u00a0Assumption of the risk
\u00a0
\u00a0Unreasonable danger
\u00a0
\u00a0Contributory negligence
\u00a0
\u00a0Comparative negligence
2 points\u00a0\u00a0\u00a0
Question 11
1.\u00a0
Under the ECPA, an electronic communication provider may disclose such communication if the disclosure was made as part of a government-authorized surveillance.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 12
1.\u00a0
Crimes are private wrongs, pursued by private attorneys.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 13
1.\u00a0
Which of the following is an example of interference with economic relations?
Answer
\u00a0
\u00a0Trespass
\u00a0
\u00a0False imprisonment
\u00a0
\u00a0Disparagement
\u00a0
\u00a0Defamation
2 points\u00a0\u00a0\u00a0
Question 14
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 15
1.\u00a0
The following is a good defense to a strict liability offense.
Answer
\u00a0
\u00a0Assumption of the risk
\u00a0
\u00a0Contributory negligence
\u00a0
\u00a0Comparative negligence
\u00a0
\u00a0Negligence per se
2 points\u00a0\u00a0\u00a0
Question 16
1.\u00a0
The fair use defense regarding copyright infringement:
Answer
\u00a0
\u00a0Does not apply if the use enhances the value or marketability of the original work
\u00a0
\u00a0Applies if there are substantial differences between the copyrighted work and the derivative work
\u00a0
\u00a0Applies only to creative works rather than informational works
\u00a0
\u00a0Does not apply for commercial uses that are presumptively fair
2 points\u00a0\u00a0\u00a0
Question 17
1.\u00a0
The CAN-SPAM Act:
Answer
\u00a0
\u00a0Requires that all e-mail messages be labeled
\u00a0
\u00a0Requires that unsolicited commercial e-mail include opt-out instructions
\u00a0
\u00a0Prohibits interference with computers used by the government or financial institutions
\u00a0
\u00a0Allows 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
2 points\u00a0\u00a0\u00a0
Question 18
1.\u00a0
Which of the following is an advantage of licensing?
Answer
\u00a0
\u00a0It permits quicker foreign market penetration than direct investment
\u00a0
\u00a0It maximizes the physical and financial presence of a business overseas
\u00a0
\u00a0It allows the licensee to directly benefit by receiving royalty payments
\u00a0
\u00a0It allows the first person to register a trademark to become its legal owner
2 points\u00a0\u00a0\u00a0
Question 19
1.\u00a0
No actual harm to the property is necessary for a trespass.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 20
1.\u00a0
The prohibition against excessive bail and fines can be found in:
Answer
\u00a0
\u00a0The Eighth Amendment
\u00a0
\u00a0The Fourth Amendment
\u00a0
\u00a0The Fifth Amendment
\u00a0
\u00a0The Sixth Amendment
2 points\u00a0\u00a0\u00a0
Question 21
1.\u00a0
Identify the true statement regarding the patent infringement according to the U.S. law.
Answer
\u00a0
\u00a0The court holds only the infringer liable to the patent holder for the unlawful activities
\u00a0
\u00a0Infringement does not occur when one supplies from the United States, for combination abroad, a patented invention’s components
\u00a0
\u00a0Infringement does not occur when a product patented in the United States is made and sold in another country
\u00a0
\u00a0The court grants an automatic injunction in cases of infringement
2 points\u00a0\u00a0\u00a0
Question 22
1.\u00a0
This is a common defense to the tort of malicious prosecution.
Answer
\u00a0
\u00a0Improper purpose
\u00a0
\u00a0Lack of capacity
\u00a0
\u00a0Probable cause
\u00a0
\u00a0Inducing a breach of contract
2 points\u00a0\u00a0\u00a0
Question 23
1.\u00a0
Consent can be a defense to battery only if the consent is freely and intelligently given.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 24
1.\u00a0
Which of the following is NOT one of the basic principles of causation?
Answer
\u00a0
\u00a0Defendant is liable for all injuries of the victim if the victim’s physical peculiarity aggravates his\/her injuries
\u00a0
\u00a0Negligence invites rescue
\u00a0
\u00a0Victims invite negligence
\u00a0
\u00a0Defendants are liable for the diseases contracted by the victim
2 points\u00a0\u00a0\u00a0
Question 25
1.\u00a0
The theory of vicarious copyright infringement is an outgrowth of the doctrine of:
Answer
\u00a0
\u00a0Respondeat superior
\u00a0
\u00a0Caveat emptor
\u00a0
\u00a0Caveat venditor
\u00a0
\u00a0Res ipsa loquitur
2 points\u00a0\u00a0\u00a0
Question 26
1.\u00a0
Under the tort of defamation:
Answer
\u00a0
\u00a0Truth is a complete defense
\u00a0
\u00a0Opinions may be considered defamatory
\u00a0
\u00a0Statements by members of Congress may be defamatory
\u00a0
\u00a0Private statements between spouses may be defamatory
2 points\u00a0\u00a0\u00a0
Question 27
1.\u00a0
Compensatory damages are also known as:
Answer
\u00a0
\u00a0Actual damages
\u00a0
\u00a0Punitive damages
\u00a0
\u00a0Nominal damages
\u00a0
\u00a0Statutory damages
2 points\u00a0\u00a0\u00a0
Question 28
1.\u00a0
People who do not do what a statute requires are sometimes considered to be “negligent per se”. This means that:
Answer
\u00a0
\u00a0The law is the law and breaking it is always wrong
\u00a0
\u00a0Ignorance of the statutory law is never an excuse
\u00a0
\u00a0Not knowing about a statutory requirement is not as bad as meaning to do something wrong
\u00a0
\u00a0Statutes can create the legal duty requisite to establish negligence
2 points\u00a0\u00a0\u00a0
Question 29
1.\u00a0
When the trademark is a descriptive term:
Answer
\u00a0
\u00a0Courts treat the term as distinctive to legal merit
\u00a0
\u00a0Trademark protection exists only if a claimant proves that the term conveys to consumers a secondary meaning of association with the claimant
\u00a0
\u00a0Courts are unwilling to afford the term trademark protection
\u00a0
\u00a0It qualifies for trademark protection automatically and functions as the common descriptive name of a product class
2 points\u00a0\u00a0\u00a0
Question 30
1.\u00a0
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
\u00a0
\u00a0The remains cannot be used in evidence against Medea because this would violate her Fifth Amendment privilege against self-incrimination
\u00a0
\u00a0The remains can be used in evidence against Medea because this would not violate her Fifth Amendment privilege against self-incrimination
\u00a0
\u00a0The 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
\u00a0
\u00a0The remains can be used in evidence against Medea because they are not incriminating to her
2 points\u00a0\u00a0\u00a0
Question 31
1.\u00a0
Courts allow third parties to recover for emotional distress resulting from witnessing harm caused to another person by defendant’s negligent acts:
Answer
\u00a0
\u00a0Only if the emotional distress directly results in physical injury
\u00a0
\u00a0Only if some relation can be shown between the witness to the accident and the victim
\u00a0
\u00a0If he\/she is a close relative and sustains serious emotional distress on witnessing the harm
\u00a0
\u00a0If he\/she is not within the “zone of danger” created by the negligent act
2 points\u00a0\u00a0\u00a0
Question 32
1.\u00a0
A negligent person is not liable for the proximate results of his\/her negligence.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 33
1.\u00a0
Voluntary intoxication is a complete defense to a crime.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 34
1.\u00a0
An individual has been injured by the racketeering of a company. Under RICO, he can:
Answer
\u00a0
\u00a0Recover three times the damage plus attorneys’ fees
\u00a0
\u00a0Recover two times the damage plus attorneys’ fees
\u00a0
\u00a0Only recover the amount he lost
\u00a0
\u00a0Recover the basic amount he lost plus attorneys’ fees
2 points\u00a0\u00a0\u00a0
Question 35
1.\u00a0
Trademark dilution laws focus on protecting the investment of trademark owners, while traditional trademark laws were intended to protect consumers.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 36
1.\u00a0
Disenfranchisement refers to:
Answer
\u00a0
\u00a0A penalty under the Inter-American Convention Against Corruption
\u00a0
\u00a0The loss of the right to vote when a person is convicted of abuse
\u00a0
\u00a0The loss of the right to vote, which might result from the conviction of a felony
\u00a0
\u00a0The loss of the right to vote as a result of misdemeanor
2 points\u00a0\u00a0\u00a0
Question 37
1.\u00a0
The elements of an intentional tort are:
Answer
\u00a0
\u00a0Harm to another person\/property and intent
\u00a0
\u00a0Harm to person or property, violation of a statute and intent
\u00a0
\u00a0Violation of a statute and intent
\u00a0
\u00a0Harm to person or property and violation of a statute
2 points\u00a0\u00a0\u00a0
Question 38
1.\u00a0
Assumption of risk:
Answer
\u00a0
\u00a0Bars recovery as the plaintiff fully understood the nature and extent of the risk
\u00a0
\u00a0Is not a defense in cases based on a negligence theory
\u00a0
\u00a0Must be the product of an explicit agreement between the plaintiff and the defendant
\u00a0
\u00a0Is not a defense in cases based on strict liability
2 points\u00a0\u00a0\u00a0
Question 39
1.\u00a0
A patent generally is effective for 10 years from the date of filing.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 40
1.\u00a0
Personal liability for corporate officers implies that:
Answer
\u00a0
\u00a0Corporate 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
\u00a0
\u00a0The corporate officers are not responsible for homicide and related crimes
\u00a0
\u00a0Many corporations are not deterred from violating laws; rather, corporations view fines as simply a cost of doing business
\u00a0
\u00a0Corporate officials have no liability if they have no knowledge of the activities in question
2 points\u00a0\u00a0\u00a0
Question 41
1.\u00a0
The plaintiff’s burden of proof in a tort case is identical to that of a criminal case.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 42
1.\u00a0
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
\u00a0
\u00a0The emotional distress caused to the witness resulted in physical symptoms or injuries
\u00a0
\u00a0The third party is at least distantly related to the victim
\u00a0
\u00a0The third party witnessed or some way perceived the injury when it occurred
\u00a0
\u00a0The emotional distress caused to the witness is so serious that he\/she may not recover from it
2 points\u00a0\u00a0\u00a0
Question 43
1.\u00a0
Which of the following is not true of cybercrime?
Answer
\u00a0
\u00a0It is a crime for people to access the services of a commercial service provider without paying their fees
\u00a0
\u00a0It is a crime to use a computer without authorization
\u00a0
\u00a0A corporation is not liable for the online activities of its employees
\u00a0
\u00a0A corporation may face liability based on its own use of electronic communication
2 points\u00a0\u00a0\u00a0
Question 44
1.\u00a0
The person who owns the intellectual property is known as the:
Answer
\u00a0
\u00a0Licensor
\u00a0
\u00a0Licensee
\u00a0
\u00a0Guarantor
\u00a0
\u00a0Warrantor
2 points\u00a0\u00a0\u00a0
Question 45
1.\u00a0
In which of the following ways can insanity on the part of a criminal defendant affect a trial?
Answer
\u00a0
\u00a0The trial may be delayed until the defendant regains sanity
\u00a0
\u00a0A defendant who becomes insane before sentencing can be sentenced
\u00a0
\u00a0Insanity at the time of the criminal act will not absolve the defendant of criminal liability
\u00a0
\u00a0The defendant will be acquitted but will have to undergo treatment
2 points\u00a0\u00a0\u00a0
Question 46
1.\u00a0
Under the Sarbanes-Oxley Act of 2002:\u2028\u2028:
Answer
\u00a0
\u00a0It is a misdemeanor to defraud shareholders
\u00a0
\u00a0It is a felony to defraud shareholders of a private company
\u00a0
\u00a0Whistleblowers are offered legal protection
\u00a0
\u00a0CEOs and CFOs are not liable to reimburse the company if the misconduct is not attributable to them
2 points\u00a0\u00a0\u00a0
Question 47
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 48
1.\u00a0
The responsible corporate officer doctrine:
Answer
\u00a0
\u00a0Directs 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
\u00a0
\u00a0Does not allow officials to be tried for homicide and related crimes
\u00a0
\u00a0Has not yet been integrated into many state and federal laws
\u00a0
\u00a0Directs 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
2 points\u00a0\u00a0\u00a0
Question 49
1.\u00a0
Truth is not a defense to a defamation action.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 50
1.\u00a0
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
\u00a0
\u00a0Recover from the store owner if she shows the harm was foreseeable
\u00a0
\u00a0Only recover from the robber
\u00a0
\u00a0Recover under the doctrine of strict liability
\u00a0
\u00a0Only recover a limited amount of non-economic damage
2 points\u00a0\u00a0\u00a0
Question 51
1.\u00a0
Intentional torts are both civil and criminal in nature.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 52
1.\u00a0
Assault is an intentional, nonconsensual touching that is harmful or offensive.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 53
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 54
1.\u00a0
To recover in a negligence suit, a plaintiff must prove that the:
Answer
\u00a0
\u00a0Defendant had an intent to injure the plaintiff and that the defendant breached that duty
\u00a0
\u00a0Defendant’s breach of duty was the proximate cause of the plaintiff’s injuries
\u00a0
\u00a0Defendant’s breach of duty indirectly caused the plaintiff’s injuries
\u00a0
\u00a0Defendant exercised reasonable care
2 points\u00a0\u00a0\u00a0
Question 55
1.\u00a0
The U.S. Supreme Court has greatly narrowed the reach of RICO.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 56
1.\u00a0
The Federal Sentencing Guidelines:
Answer
\u00a0
\u00a0Are designed to establish consistent sentences for federal hate crimes only
\u00a0
\u00a0Require that judges use a formula based on the seriousness and circumstances of the crime
\u00a0
\u00a0Specifically mandate stiff penalties for crimes dealing with blue-collar crimes
\u00a0
\u00a0Mandate a minimum one-month prison term for tax frauds
2 points\u00a0\u00a0\u00a0
Question 57
1.\u00a0
The risk of a licensee producing inferior goods or inferior service is drastically reduced if the licensor closely monitors his\/her activities.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 58
1.\u00a0
A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology throughout the world using the:
Answer
\u00a0
\u00a0Exclusive dealing clause
\u00a0
\u00a0Grant-back provision
\u00a0
\u00a0Territoriality principle
\u00a0
\u00a0Territorial restriction
2 points\u00a0\u00a0\u00a0
Question 59
1.\u00a0
Trademark dilution laws:
Answer
\u00a0
\u00a0Protect “distinctive” or “famous” marks from unauthorized uses even when confusion is not likely to occur
\u00a0
\u00a0Are intended at protecting consumers, while traditional trademark laws focuses on protecting the investment of trademark owners
\u00a0
\u00a0Permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment
\u00a0
\u00a0Require the licensee to transfer any inventions it derives from the licensed technology to the licensor
2 points\u00a0\u00a0\u00a0
Question 60
1.\u00a0
A trade secret is also called:
Answer
\u00a0
\u00a0Performance standard
\u00a0
\u00a0Contributory copyright
\u00a0
\u00a0Compilation of information
\u00a0
\u00a0Propriety information
2 points\u00a0\u00a0\u00a0
Question 61
1.\u00a0
Which of the following can serve as the basis for a successful defamation suit if the person publishing the statement abuses the privilege?
Answer
\u00a0
\u00a0Statements made in the furtherance of legitimate business interests, such as providing employee references
\u00a0
\u00a0Statements made by members of Congress on the floor of Congress
\u00a0
\u00a0Statements made by participants as part of a judicial hearing
\u00a0
\u00a0Statements made between spouses
2 points\u00a0\u00a0\u00a0
Question 62
1.\u00a0
A service mark is a descriptive term that distinguishes businesses rather than their products or services.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 63
1.\u00a0
To assess whether a governmental action has infringed on an individual’s rights, the court:
Answer
\u00a0
\u00a0Will always grant the government the ability to do whatever it deems necessary
\u00a0
\u00a0Must balance the governmental need to do the action against the rights of the individual
\u00a0
\u00a0Will always rule in favor of individual rights over that of the government
\u00a0
\u00a0Must balance both, but ultimately grant the government the ability to do whatever it deems necessary
2 points\u00a0\u00a0\u00a0
Question 64
1.\u00a0
The Computer Fraud and Abuse Act:
Answer
\u00a0
\u00a0Includes only criminal penalties
\u00a0
\u00a0Prohibits interference with computers used by the government or financial institutions
\u00a0
\u00a0Prohibits 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
\u00a0
\u00a0Enables providers to disclose the contents of electronic communication to intelligence officials
2 points\u00a0\u00a0\u00a0
Question 65
1.\u00a0
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
\u00a0
\u00a0A breach of contract
\u00a0
\u00a0A case where the defendant’s liberty may be at stake
\u00a0
\u00a0A case where there is legal termination of marriage
\u00a0
\u00a0Copyright violations
2 points\u00a0\u00a0\u00a0
Question 66
1.\u00a0
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
\u00a0
\u00a0Under the Sarbanes-Oxley Act, both of them must reimburse the company
\u00a0
\u00a0Under the Sarbanes-Oxley Act, only the CEO will be liable for punishment
\u00a0
\u00a0Under RICO, both of them are required to reimburse the company
\u00a0
\u00a0Under RICO, only the CFO will be liable for punishment
2 points\u00a0\u00a0\u00a0
Question 67
1.\u00a0
A confidentiality clause may be utilized:
Answer
\u00a0
\u00a0To restrict the licensor’s right to disclose trade secrets after the licensing agreement has ended
\u00a0
\u00a0During 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
\u00a0
\u00a0After 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
\u00a0
\u00a0To prohibit the licensor from using the technology and disclosing it to others
2 points\u00a0\u00a0\u00a0
Question 68
1.\u00a0
Tort reform measures:
Answer
\u00a0
\u00a0Have been rejected by most states
\u00a0
\u00a0Are uncontroversial
\u00a0
\u00a0Include limits on the amount of damages a plaintiff can recover for pain, suffering and emotional distress in a lawsuit
\u00a0
\u00a0Have been ruled to be in violation of the U.S. Constitution because they impinge on rights enumerated in the Second Amendment
2 points\u00a0\u00a0\u00a0
Question 69
1.\u00a0
Courts are unwilling to provide trademark protection to a term if it is:
Answer
\u00a0
\u00a0Arbitrary
\u00a0
\u00a0Descriptive
\u00a0
\u00a0Generic
\u00a0
\u00a0Suggestive
2 points\u00a0\u00a0\u00a0
Question 70
1.\u00a0
A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 71
1.\u00a0
Which of the following is true of the USA PATRIOT Act?
Answer
\u00a0
\u00a0Law enforcement officers are not allowed to use increased surveillance techniques
\u00a0
\u00a0Critics worry that the act compromises citizens’ Fourth Amendment rights
\u00a0
\u00a0Judicial and Congressional oversight of surveillance is maximum
\u00a0
\u00a0A person’s credit and medical records can be obtained after getting a surveillance warrant from a grand jury
2 points\u00a0\u00a0\u00a0
Question 72
1.\u00a0
Courts treat a term as distinctive and automatically qualify it for trademark protection if it is:
Answer
\u00a0
\u00a0Generic
\u00a0
\u00a0Descriptive
\u00a0
\u00a0Arbitrary
\u00a0
\u00a0Comprehensive
2 points\u00a0\u00a0\u00a0
Question 73
1.\u00a0
TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 74
1.\u00a0
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
\u00a0
\u00a0Larry may be liable for battery
\u00a0
\u00a0Larry would not be liable for battery because he did not touch her body
\u00a0
\u00a0Larry may be liable for false imprisonment
\u00a0
\u00a0Larry may be liable for defamation
2 points\u00a0\u00a0\u00a0
Question 75
1.\u00a0
Nontestimonial evidence such as fingerprints, hair samples and bodily fluids can be obtained through compulsion.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 76
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 77
1.\u00a0
All of the following are racketeering activities except:
Answer
\u00a0
\u00a0Arson
\u00a0
\u00a0Bribery
\u00a0
\u00a0Securities fraud
\u00a0
\u00a0Extortion
2 points\u00a0\u00a0\u00a0
Question 78
1.\u00a0
This clause in a technology transfer agreement indicates the precise scope of the license.
Answer
\u00a0
\u00a0The granting clause
\u00a0
\u00a0The requirements clause
\u00a0
\u00a0The exclusive dealing clause
\u00a0
\u00a0The technical service clause
2 points\u00a0\u00a0\u00a0
Question 79
1.\u00a0
In the United States the copyright period for works for hire:
Answer
\u00a0
\u00a0Is 110 years from the first publication or 140 years from creation, whichever comes first
\u00a0
\u00a0Lasts for the life of the author plus 70 years
\u00a0
\u00a0Is 95 years from the first publication or 120 years from creation, whichever comes first
\u00a0
\u00a0Lasts for the life of the author plus 120 years
2 points\u00a0\u00a0\u00a0
Question 80
1.\u00a0
Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 81
1.\u00a0
Under the doctrine of strict liability, care and caution may mitigate liability.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 82
1.\u00a0
Conviction of a felony can result in disenfranchisement.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 83
1.\u00a0
The prohibition against arbitrary and unreasonable governmental intrusion of the right to privacy is found in the:
Answer
\u00a0
\u00a0The Fifth Amendment
\u00a0
\u00a0The Sixth Amendment
\u00a0
\u00a0The Fourth Amendment
\u00a0
\u00a0The Eighth Amendment
2 points\u00a0\u00a0\u00a0
Question 84
1.\u00a0
The difference between conversion and trespass to personal property is that:
Answer
\u00a0
\u00a0Trespass to personal property does not require intent, while conversion does
\u00a0
\u00a0Trespass to personal property is based on interference with another’s personal property while conversion is based on dominion over another’s personal property
\u00a0
\u00a0Consent is not a defense to both trespass to personal property and conversion
\u00a0
\u00a0Courts do not consider extent of harm to property as a difference between conversion and trespass
2 points\u00a0\u00a0\u00a0
Question 85
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 86
1.\u00a0
Plaintiffs who assumed the risk of a known danger created by another’s negligence are barred from recovery.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 87
1.\u00a0
The World Trade Organization (WTO) addresses intellectual property rights under the:
Answer
\u00a0
\u00a0TRIPS agreement
\u00a0
\u00a0TRIMS agreement
\u00a0
\u00a0FCRA agreement
\u00a0
\u00a0ERISA agreement
2 points\u00a0\u00a0\u00a0
Question 88
1.\u00a0
Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.
Answer
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 89
1.\u00a0
A defendant is guilty of recklessness when:
Answer
\u00a0
\u00a0His\/her behavior indicates a conscious disregard for a known high degree of probable harm to another
\u00a0
\u00a0The risk of harm is lower than the degree of risk that would make an act negligence
\u00a0
\u00a0He\/she commits a highly dangerous act without intent and foreseeable harm
\u00a0
\u00a0He\/she involuntarily exposes himself to an unknown danger created by another’s negligence
2 points\u00a0\u00a0\u00a0
Question 90
1.\u00a0
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
\u00a0\u00a0 True
\u00a0\u00a0 False
2 points\u00a0\u00a0\u00a0
Question 91
1.\u00a0
“Illegally gained evidence such as evidence resulting from \u2018unreasonable searches and seizures’ cannot be used in criminal prosecutions” is commonly identified with:
Answer
\u00a0
\u00a0The Miranda warning
\u00a0
\u00a0The exclusionary rule
\u00a0
\u00a0The right of confrontation
\u00a0
\u00a0Double jeopardy
2 points\u00a0\u00a0\u00a0
Question 92
1.\u00a0
Which of the following is a true statement regarding trade secrets?
Answer
\u00a0
\u00a0A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret
\u00a0
\u00a0A trade secret generally does not include processes, techniques and compilations of information
\u00a0
\u00a0A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection
\u00a0
\u00a0A business may attempt to maintain the trade secret if the monopoly period for patents is relatively long
2 points\u00a0\u00a0\u00a0
Question 93
1.\u00a0
Patents, trademarks, copy rights and trade secrets are basic types of:
Answer
\u00a0
\u00a0Intellectual property
\u00a0
\u00a0Community property
\u00a0
\u00a0Real property
\u00a0
\u00a0Contributing property
2 points\u00a0\u00a0\u00a0
Question 94
1.\u00a0
Which of the following is a general negligence causation rule?
Answer
\u00a0
\u00a0Negligent persons are liable for the full extent of the injuries of people if some physical peculiarity of a person aggravates his\/her injuries
\u00a0
\u00a0Negligent persons are liable for people who do not make reasonable attempts to avoid being injured by the negligent person’s acts
\u00a0
\u00a0Negligent person are not liable to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person’s act
\u00a0
\u00a0Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries
2 points\u00a0\u00a0\u00a0
Question 95
1.\u00a0
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
\u00a0
\u00a0Sally only
\u00a0
\u00a0Susan only
\u00a0
\u00a0Both Sally and Susan
\u00a0
\u00a0Neither Sally nor Susan
2 points\u00a0\u00a0\u00a0
Question 96
1.\u00a0
Both contributory negligence and assumption of the risk:
Answer
\u00a0
\u00a0Are defenses adopted to ease the harshness of the comparative negligence system
\u00a0
\u00a0Are recent defenses to negligence
\u00a0
\u00a0Assume that everyone has a duty to exercise reasonable care for his\/her own safety
\u00a0
\u00a0Assume that the plaintiff may recover if the defendant had the last opportunity to avoid harm
2 points\u00a0\u00a0\u00a0
Question 97
1.\u00a0
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
\u00a0
\u00a0Will hold him incapable of forming intent and give a bail
\u00a0
\u00a0Will hold him capable of forming intent and punish him for first-degree murder
\u00a0
\u00a0Will hold him incapable of forming intent and punish him for second-degree murder
\u00a0
\u00a0Will hold him capable of forming intent and give him a death penalty
2 points\u00a0\u00a0\u00a0
Question 98
1.\u00a0
One of the conditions that a plaintiff must show in order to recover for trademark infringement is:
Answer
\u00a0
\u00a0The defendant used the mark in commerce
\u00a0
\u00a0The defendant’s use of the mark was only in connection with the advertising of goods
\u00a0
\u00a0The defendant’s use of the trademarks dilutes their distinctive quality
\u00a0
\u00a0The defendant began using the trademarks after they became famous
2 points\u00a0\u00a0\u00a0
Question 99
1.\u00a0
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
\u00a0
\u00a0Mario can recover, but only if it proves in detail how Toss-Co. breached its duty of reasonable care to Mario
\u00a0
\u00a0Mario 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
\u00a0
\u00a0Mario will be unable to recover because parking under an open second floor window amounted to contributory negligence
\u00a0
\u00a0Mario will be unable to recover because parking under an open second floor window amounted to assumption of risk
2 points\u00a0\u00a0\u00a0
Question 100
1.\u00a0
“Mensrea” is a term which means:
Answer
\u00a0
\u00a0“formation of a specific criminal intent,” and is required by first-degree murder statutes
\u00a0
\u00a0“Defendants are not criminally responsible”, if they lack the capacity to conduct themselves in accordance with law
\u00a0
\u00a0“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
\u00a0
\u00a0“Criminal intent,” one of the basic elements of the most serious crimes<\/p>\n
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