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Stiles is much stronger than Ben and threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles
a. for assault only because Ben got a tooth knocked out.
b. for battery only because Ben got his tooth knocked out.
c. for assault and battery because there was both a threat and a harmful action.
Which of the following has nothing to do with false imprisonment?
a. Intentional confinement or restraint of another person’s activities without justification.
b. An interference with the freedom to move without constraint.
c. You are made fearful of unwanted and possibly harmful contact with another person.
Publishing or otherwise making known or using information relating to a person’s private life and affairs, with which the public has no legitimate concern, without that person’s permission or approval.
Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship.
a. A valid, enforceable contract must exist between two parties.
b. A third party must be aware that the contract exists.
c. A third party must unintentionally cause one of the parties to break the contract.
Trespass to land requires that a person on the land.
A real property owner must that a person is a trespasser.
A guest in your home is typically a trespassers
You are given permission to use Alvie’s land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie’s property. Most likely you have committed
trespass to land.
a. The taking of electronic records and data without the owner’s permission.
b. Temporarily borrowing a friend’s textbook and then returning it.
c. Mistakenly believing that you are entitled to goods that are not your own.
Place the elements required to succeed in a negligence action in the order in which they are normally considered. (Causation / Breach / Damages / Duty)
1) Duty -> 2) Breach -> 3) Causation-> 4) Damages
Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?
a. Yes, because Cooktop placed no warnings about the possibility of being burned.
b. No, because stoves get hot and some people get burned when they are careless.
c. No, because Cooktop disclaimed all liability for accidents.
Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?
a. Is there causation in fact?
b. Was there intent?
c. Was the act the proximate cause of the injury?
Negligence may occur if an individual violates a statute providing for a criminal penalty if that violation causes another to be harmed.
statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations
shop acts imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.
Assumption of risk does NOT require
a. seeking out the riskiest activities.
b. knowledge of the risk.
c. voluntary assumption of the risk.
The modern concept of strict liability traces its origins, in part, to what famous English case?
Rylands v. Fletcher
What is the one area in the list below in which manufacturers do NOT have to use due care?
Using adequate test marketing.
The landmark case in strict product liability was:
Greenman v. Yuba Power Products, Inc.
The doctrine of strict product liability does NOT apply to which of the following?
f. Advertising agencies
Jake buys and uses a large broom. The handle breaks while in use but does not harm Jake. Therefore, he can sue under the doctrine of strict product liability and win:
He cannot sue because he did not incur physical harm.
Jake’s son unscrews the broom handle and uses it to load gunpowder into a small cannon. The broom handle breaks and injures the boy. Why can’t Jake sue the broom manufacturer?
Because the broom handle was substantially changed from its initial purpose
_______occurs when courts look at the risk of harm from a product as designed compared to the utility to the user and to the public.
Gunter installs a large glass door in his house and then runs into it, breaking his nose. Gunter sues the manufacturer because he was not warned about the possibility of such an injury. Will Gunter prevail in his lawsuit?
No, because everyone knows that glass doors can be run into and therefore the manufacturer does not have to provide such a warning.
There is no to warn about risks that are commonly known.
A seller must warn those who purchase its product of the harm that can result from the misuse of the product.
Courts apply a test to determine if the warnings adequately alert consumers to the product’s risks.
Halogenics, Inc., manufactures a medical device that is heavily regulated by the government and has to undergo a rigorous pre-market approval process. Halogenics can use the following defense if it is sued:
Monsanto sends out registered letters, e-mails, and places ads in local newspapers where it sold a defective weed killer. Huntington knows of the recall but ignores it, applies the weed killer to his crops, and suffers damages. Which defense can Monsanto use at trial?
Assumption of risk
Why can’t you sue the manufacturer when a sharp knife cuts you?
Because there is a commonly known danger of cutting oneself when using a knife.
In product liability suits, statutes of limitations normally are set by
1. Which example in the following list is unrelated to the concept of intellectual property [Rollover definition—Property resulting from intellectual, creative processes.]
1. The most important statutory protection for trademarks is the:
a. Lanham Act
1. Under the Trademark Dilution Revision Act, to state a claim for trademark dilution, a plaintiff must prove that:
1. the plaintiff owns a famous mark that is distinctive.
2. the defendant has begun using a mark in commence that allegedly is diluting the famous mark.
3. the similarity between the defendant’s mark and the famous mark gives rise to an association between the marks.
4. the association is likely to impair the distinctiveness of the famous mark or harm its reputation.
1. Pick which of the following names probably will NOT obtain trademark protection.
a. Fast Speed
1. To be patentable, an invention, discovery, process, or design must be:
a. novel, useful, and not obvious
______works (including newspaper and magazine articles, computer and training manuals, catalogues, brochures, and print advertisements). (ALL THE FOLLOWING ARE original works protected under copyright laws)
______works and accompanying words (including advertising jingles).
_____works and accompanying music.
1. Pantomimes and _ Fill In _ works (including ballets and other forms of dance).
1. Pictorial, _ Fill In _, and sculptural works (including cartoons, maps, posters, statues, and even stuffed animals).
1. Motion pictures and other _ Fill In _ works (including multimedia works).
_____is NOT copyrightable.
In 2014, Sven writes his memoirs called My Life in Lapland. Sven does not register a copyright. Under federal copyright laws, Sven’s book is:
protected for his life, plus 70 years.
1. The white pages of a telephone directory cannot be copyrighted, but the yellow pages might qualify for copyright protection because the:
a. yellow page information is usually selected and arranged in an original way
Choose which from the following list is NOT a trade secret:
a. A marketing logo
1. GameBuilder, Inc., has an idea for a new massively multiplayer online game and assigns Tina the task of programming it, which she undertakes. Tina then quits, goes to work for a competitor, and takes the files she has developed. Under trade secrecy laws, GameBuilder, Inc., has protection for:
the information in the files and Tina’s ideas for the game design.
Most states laws with respect to protection of information of a commercial value are based on the:
a. Uniform Trade Secrets Act
Under the _ Fill In _, when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author’s copyright.
8. The _ Fill In _ Agreement established standards for international protection of patents, trademarks, and copyrights.
8. The _ Fill In _ Protocol allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.
In 2011, a number of nations signed The _ Fill In _ Trade Agreement to combat piracy and global counterfeiting.
Which of the following activities is NOT prohibited by the CAN-SPAM Act?
a. Sending junk mail via the USPS
Because you are suspected of sending out bulk unsolicited e-mail advertisements, your Internet service provider [Rollover definition—A company or organization that offers users access to the Internet, often a phone company.] is asked by the FTC to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your Internet service provider for illegally providing such information to the FTC?
No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action
1. Loss of ___DROP DOWN MENU___ occurs when another party uses a domain name [Rollover definition—The series of letters and symbols used to identify site operators on the Internet; Internet “addresses.”] similar to yours.
1. Which of the following does NOT have to be true for the Anticybersquatting Consumer Protection Act to apply.
a. The domain name is in another language
1. Which one of the following is NOT a reason why lawsuits against cybersquatters are difficult to pursue?
a. Most cybersquatters have limited mastery of English
1. Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because:
he only obtained a license to use, not ownership of the app
The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server.
1. One of the major reasons that music labels have suffered declines in their revenues and profits is that:
a. most stored music files are shared for free.
Why would social media posts be included in discovery and litigation?
They may establish a person’s intent or what he or she knew at a particular time.
1. The Electronic Communications Privacy Act does NOT prohibit which one of the following:
a. The sending out of multiple e-mails
1. Which act prevents cellphone companies and social media networks from divulging private communications to certain entities and individuals?
a. The Stored Communications Act
1. One of the major problems in pursuing an online defamation claim is that:
a. discovering the identity of the person who posted the defamation is often extremely difficult.
1. Hobbs owns a small Internet service provider and is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court?
a. No, because the Communications Decency Act treats Internet service providers differently from print publishers.
1. Which agency investigates consumer complaints of privacy violations?
a. The Federal Trade Commission
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