Questions sheet for Marwa96 only
Week 2 Chapter Questions
Student ______________________________
Chapter 10
1. Many advertisers and marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In this situation, which of the following torts was committed by the advertisers and marketers?
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___A. |
Assault |
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___B. |
Defamation |
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___C. |
Battery |
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___D. |
Invasion of privacy |
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___E. |
Malicious prosecution |
2. The intentional unjustified confinement of a non-consenting person is known as:
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___A. |
Invasion of privacy. |
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___B. |
False imprisonment. |
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___C. |
Battery. |
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___D. |
Malicious prosecution. |
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___E. |
Defamation. |
3. If an employee steels something from his employer then he is most likely to be sued for the tort of _____.
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___A. |
conversion |
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___B. |
assault |
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___C. |
trespass |
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___D. |
battery |
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___E. |
invasion of privacy |
4. A _____ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.
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___A. |
negligence |
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___B. |
fraud |
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___C. |
conversion |
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___D. |
battery |
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___E. assault |
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5. Which of the following torts takes place when one who has a duty to act reasonably acts carelessly and causes injury to another?
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8. Antonio and Fred were playing soccer when Fred accidently kicks Antonio's shin instead of the football during a pass. Antonio is seriously injured and will not be able to play for at least six months. If Antonio sues Fred, which of the following defenses can Fred use?
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___A. |
Cause in fact |
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___B. |
Assumption-of-the-risk |
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___C. |
Statute of response |
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___D. |
Strict liability |
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___E. |
False imprisonment |
9. Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent?
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___A. |
Strict liability |
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___B. |
Battery |
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___C. |
Assumption-of-the-risk |
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___D. |
Comparative fault |
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___E. |
Cause in fact |
10. Suppliers of defective parts can be prosecuted on the basis of _____.
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___A. |
assumption-of-the-risk |
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___B. |
trespass |
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___C. |
compensatory negligence |
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___D. |
assault |
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___E. |
strict products liability |
11. Which of the following is true of punitive damages?
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___A. |
Juries award punitive damages to all cases tried and proven for negligence. |
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___B. |
The key to award punitive damages is the degree of suffering by the plaintiff. |
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___C. |
Punitive damages are awarded if the motive of the defendant is proved to be malicious or fraudulent. |
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___D. |
They are also called complementary damages. |
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___E. |
They are awarded only in the case of assault. |
Chapter 11
12. A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.
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___A. |
copyright |
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___B. |
trademark |
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___C. |
patent |
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___D. |
company policy |
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___E. |
trade secret |
13. Misappropriation of a trade secret occurs when:
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___A. |
a person is able to recreate the same information that the other considers to be a trade secret. |
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___B. |
a person recreates a product after looking at it and figuring out how it works or how it is formulated. |
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___C. |
a person uses another's trade secret and confidential information with authorization. |
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___D. |
a person legitimately acquires the trade secret, but discloses information violating duty of secrecy. |
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___E. |
a person uses his or her own knowledge and understanding to recreate what is another's trade secret. |
14. A _____ patent applies to useful, functional inventions.
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___A. |
design |
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___B. |
style |
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___C. |
plant |
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___D. |
inventive |
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___E. |
utility |
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15. _____ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.
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___A. |
Subject matter |
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___B. |
Nonobviousness |
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___C. |
Patent litigation |
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___D. |
Utility |
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___E. |
Obviousness |
16. When a patent expires, the invention is said to be in the ________, and others may use it without limitation.
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___A. |
business environment |
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___B. |
communal realm |
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___C. |
collective sphere |
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___D. |
public domain |
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___E. |
legal open space |
17. The Nike ‘swoosh' is an example of what type of intellectual property?
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___A. |
Copyright |
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___B. |
Patent |
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___C. |
Certification mark |
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___D. |
Trademark |
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___E. |
Novelty |
18. What is a colored design or shape associated with a product or service called?
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___A. |
Patent |
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___B. |
Trade dress |
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___C. |
Copyright |
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___D. |
Trademark |
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___E. |
Product design |
19. When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____.
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___A. |
infringed |
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___B. |
copied |
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___C. |
generic |
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___D. |
distinctive |
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___E. |
substituted |
20. Which is not an allowable "fair use" of material?
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___A. |
Teaching |
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___B. |
Research |
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___C. |
Profits |
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___D. |
Reporting |
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___E. |
Criticism |
Chapter 13
21. _____ is an important element of many criminal laws.
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___A. |
Intent |
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___B. |
Information |
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___C. |
Indictment |
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___D. |
Disregard |
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___E. |
Presumption |
22. _____ must be obtained by the police prior to a search of a person, any premises, or other property such as the trunk of an automobile.
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___A. |
Evidence authorizations |
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___B. |
Seizure orders |
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___C. |
Charging orders |
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___D. |
Court-authorizations |
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___E. |
Search warrants |
23. _____ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or willfulness, essential to the charges.
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___A. |
Negligence |
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___B. |
Good faith |
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___C. |
Intention |
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___D. |
Reasonableness |
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___E. |
Lack of knowledge |
24. _____ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.
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___A. |
Felony |
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___B. |
Bankruptcy crime |
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___C. |
Counterfeit |
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___D. |
Conspiracy |
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___E. Misdemeanor |
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25. _____ is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently.
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26. _____ occurs when an employee appropriates funds of his employer to his or her own use.
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___A. |
Burglary |
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___B. |
Robbery |
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___C. |
Larceny |
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___D. |
Conspiracy |
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___E. |
Embezzlement |
27. Albert has falsely reported income, which he obtained from illegally selling drugs in his neighborhood, as income obtained from his job at Seven Eleven Mart. Albert is guilty of which of the following?
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___A. |
Larceny |
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___B. |
Embezzlement |
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___C. |
Money laundering |
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___D. |
Burglary |
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___E. |
Robbery |
28. To prove a pattern of racketeering the government must show:
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___A. |
Two acts of racketeering in a five year period. |
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___B. |
Five acts of racketeering in a five year period. |
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___C. |
Two acts of racketeering in a ten year period. |
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___D. |
Five acts of racketeering in a ten year period. |
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___E. |
One act of racketeering in a five year period. |
29. If a person acts under the direction of someone accused of criminal activities, this person might be held responsible for _____.
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___A. |
conspiracy |
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___B. |
endangerment |
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___C. |
embezzlement |
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___D. |
aiding and abetting |
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___E. |
accessory before crime |
30. Rico has been trying hard to get a certain building contract for his company. He decides to go the extra mile and talk to the government official who is managing the building contract allotment. Rico promises the official a ‘treat' if he directs the contract to Rico's company. Which of the following can Rico be held guilty for?
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___A. |
Aiding and abetting |
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___B. |
Money laundering |
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___C. |
Kickbacks |
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___D. |
Embezzlement |
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___E. |
Larceny |
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