1.

(Points: 1)

Vern wants to file a suit on behalf of all diabetes patients against Wonder Pharmaceutical Corporation. Under the Class Action Fairness Act of 2005, Vern

a. can shop around for a state court that might award large damages. b. must file the suit in a federal court. c. must file the suit in a state that bans or limits punitive damages. d. must file the suit in a state that has caps on noneconomic damages.

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2.
(Points: 1)

Pop Pix, Inc., owns and sells photos from its database on the Internet. Query Corporation operates a search engine that displays its results in thumbnail images, which sometimes include copies of Pop Pix's photos, without its permission. Query's use of the photos is most likely

a. a fair use. b. a license. c. a novel and not obvious use. d. a violation of intellectual property law.

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3.
(Points: 1)

One night, Kyle discovers Lee, an intruder, in Kyle's home. Kyle shoots and kills Lee. With respect to criminal prosecution for this use of deadly force, under a duty-to-retreat law Kyle

a. is presumed innocent or may be exempt from prosecution.

b. must prove that he first told Lee to "Get out!" or to "Retreat!" c. must prove that he first tried to retreat or that his life was in danger. d. must prove that Lee did not try to retreat or acted without regard for his own life.

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4.
(Points: 1)

Etta illegally shoots Fay with a handgun made by Gunsmaker Corporation. Fay files a suit against Gunsmaker. With respect to the dangers associated with guns, the court is most likely to rule that Gunsmaker has

a. a duty to warn everyone. b. a duty to warn potential victims only. c. a duty to warn users only. d. no duty to warn.

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5.
(Points: 1)

Movies, Inc. (MI), releases on DVD Nothing to Hide, a film focusing on the lack of privacy in cyberspace. Owen posts online computer code that cracks the DVD's encryption, allowing users to make unauthorized copies. MI files a suit against Owen. The court is most likely to rule that

a. computer code is a form of "pure speech." b. the First Amendment completely protects computer code. c. the First Amendment does not apply to computer code.

d. the First Amendment protects computer code to a lesser extent.

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6.
(Points: 1)

Mavis files a suit against National Corporation and obtains a large damages award. Omni Insurance, Inc., is National's insurer. Ultimately, the cost of the damages award will be paid by

a. Mavis. b. National. c. National's customers. d. Omni.

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7.
(Points: 1)

FotoFinder is a search engine that finds images on the Internet, displays them in lowerresolution thumbnail versions, frames them as they appear in their original Web locations, and links to those sites. Some users of FotoFinder infringe on the rights of the images' owners. FotoFinder's use of the images is most likely

a. a fair use. b. a license. c. a novel and not obvious use. d. a violation of intellectual property law.

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d. must prove that Joe did not try to retreat or acted without regard for his own life. individuals' rights to their privacy. (Points: 1) To complain about Omega Corporation's products. If the court rules in Pi's favor. must prove that he first tried to retreat or that his life was in danger. under a stand-your-ground law Izzy a. Izzy shoots and kills Joe. is presumed innocent or may be exempt from prosecution. no rights or duties. in Izzy's home. (Points: 1) One night. must prove that he first told Joe to "Stop!" or "Stand your ground!" c. This may violate a.com. it will most likely be on the basis of . d. businesses' duties to their customers. b. an intruder. Save Answer 10. Save Answer 9. Pi opens a Web site with the domain name "omegasucks. Izzy discovers Joe. governments' duties and rights with respect to public welfare.8. With respect to criminal prosecution for this use of deadly force. (Points: 1) Precise Marketing Corporation buys and sells consumers' personal information. c." Omega files a suit against Pi. b.

In Holly's suit against Great Tans. b. a likelihood of confusion. appropriation. c.a. in its radio ads. c. Inc. Tyler is liable if a. c. Scrumptious did not overcharge Tyler. (Points: 1) Great Tans. the freedom of speech. a recording by Holly. a waiter. Save Answer 11. Uma sues Tyler. d. the firm is most likely liable for a. (Points: 1) At Scrumptious Cafe. uses. b. the song comes to be associated with Great Tans. conversion. trademark law. d. who owns the rights. Uma did not wait on Tyler. b. a right to privacy.. Save Answer 12. Over time. without paying for the use. wrongful interference with a customary relationship. Tyler believes that he was overcharged and shoves Uma. the shove was offensive. Tyler acted out of malice. alleging that the shove was a battery. .

Save Answer 13. none of the choices. conversion. (Points: 1) Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent.d. (Points: 1) . wrongful interference with a contractual relationship. b. To give rise to fraud. Save Answer 15. illusion. appropriation. the statement must be one of a. c. opinion. This is a. c. Save Answer 14. none of the choices. emotion. d. (Points: 1) OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. d. b. fact.

Kris. no tort. True False . d. c. True Save Answer 18. buys it from Ian. b. who does not know that the book is stolen. wrongful interference with a business relationship. Save Answer 16." True Save Answer 17. (Points: 1) False An oral defamatory statement must be communicated to a third party to be actionable.Ian steals a business law textbook from Jules. Kris has committed a. disparagement of property. (Points: 1) False The purpose of tort law is to provide remedies when legally protected interests have been invaded. conversion. (Points: 1) Tort is a French word for "court.

fraud occurs only when there is reliance on a statement of truth. True Save Answer 20.Save Answer 19. (Points: 1) False An illegal search can be an invasion of privacy. (Points: 1) False Normally. True Save Answer 21. True Save Answer 22. (Points: 1) An unauthorized scan of a bank account cannot be an invasion of privacy. True Save Answer False . (Points: 1) False Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

Lana was not injured in any way. Lana is dissatisfied with the look of the new building and sues Mike. alleging negligence. True Save Answer 26. (Points: 1) False There are no statutes regulating the use of spam. True Save Answer 24.23. d. . (Points: 1) False Lana hires Mike. b. c. (Points: 1) False An Internet service provider cannot be held liable in tort for disseminating his or her own defamatory remarks. he is not familiar with every principle of art. an architect. to design a warehouse. his design is as attractive as an ordinary person's. True Save Answer 25. (Points: 1) Disparagement of property is another term for appropriation. Lana could not have designed a more attractive building. Mike can successfully defend against the suit by proving that a.

contributory damages. neither Molly nor Opal. an award in such a suit consists of a. compensatory damages. c. d. Save Answer 28. (Points: 1) Molly shoots Norm with Opal's pistol. d.Save Answer 27. Save Answer 29. (Points: 1) Pam files a successful suit against Quantity Stores based on Quantity's negligence. b. While using a Super tool to replace an electrical outlet. Tom neglects to shut off the power and is . c. Opal only. punitive damages. Molly and Opal. b. (Points: 1) Super Tool Company makes tools for consumers and construction professionals. Normally. Molly only. comparative damages. The proximate cause of Norm being shot is most likely attributable to a.

Save Answer 31. c. d. b. Palsgraf v. Congress. (Points: 1) If a person breaches a duty of care and another person suffers an injury. d. Rylands v. c. the breach must have caused the harm for liability to result.electrocuted. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in a. contributory negligence. Long Island Railroad Co. Lyn v. b. Against a suit filed by Tom's heirs. Fletcher. Save Answer 30. True Save Answer False . superseding cause. negligence per se. Super's best defense is a. Mining Co. (Points: 1) Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir. assumption of risk.

32. (Points: 1) False For purposes of establishing negligence. True Save Answer 34. (Points: 1) No one is expected to exercise a reasonable standard of care in every activity. . (Points: 1) False Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability. True Save Answer 35. True Save Answer 36. True Save Answer 33. (Points: 1) False Assumption of risk can be raised as a defense in a negligence suit. (Points: 1) False An assumption of risk defense does not require that a risk be voluntarily assumed. causation in fact exists if an injury would have occurred even without the defendant's act.

(Points: 1) False A person who keeps a domestic animal is always strictly liable for any harm that the animal inflicts. True Save Answer 40. (Points: 1) False Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another. (Points: 1) False In a comparative negligence state. True Save Answer 38. if a plaintiff is found to be 30 percent negligent. (Points: 1) False Negligence per se may occur on the violation of a statute. True Save Answer 39. .True Save Answer 37. the award against the defendant will be reduced by 70 percent.

b. copyright infringement. forever. (Points: 1) In 2008.True Save Answer 41. trademark infringement. Save Answer 43." This is most likely a. c. (Points: 1) False Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe. b." Darkroast Java. (Points: 1) . none of the choices. Save Answer 42. d. for the life of the corporation plus seventy years. This registration provides protection a. d. Inc. patent infringement. Digital Equipment Corporation registers its trademark as provided by federal law.. c. later markets a similar tasting drink under the name "KoKoKafe. for ten years. for twenty years.

This restaurant's image and overall appearance is a. (Points: 1) Modern Clothing. (Points: 1) Delightful Toys. layout. . Save Answer 44.. c. a service mark. c. The mark is a. a certification mark. d. Modern and National are not in business together and do not own this mark. and National Denim Corporation use the mark "Made by Members of the U. a collective mark. trade dress.. copyright infringement. b. b. a collective mark. menu. Fast has committed a. Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site. a certification mark. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. a children's toy. Without Delightful's consent. and style of service. Inc. Save Answer 45. makes EZ Goo. a service mark.Ernie's Good Eatin' Cafe uses a distinctive decor. d.S. Fast claims that no consumer would confuse the Web site with the toy. trade dress. Inc.

Inc. (Points: 1) Elementals.. makes computer chips identical to Flik Quik Corporation's patented chip. patent infringement. c." without Flik's permission. dilution. trademark dilution. a license. (Points: 1) Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's domain name. Save Answer 47.b. This is most likely a. d. except for slight differences in the "look. litigious. patent infringement. d. This is a. b. none of the choices. c. none of the choices. Save Answer 46. d. copyright infringement. c. b. an injunction. . trademark infringement.

Sara writes Terror at the Track. (Points: 1) In 2008. This is a. (Points: 1) Mike copies Nora's book. patent infringement.. Lex is most likely excepted from liability for copyright infringement under the "fair use" doctrine if . b. without Nora's permission. none of the choices. forever. trademark infringement. d. One for the Money. for the life of the author plus seventy years. for twenty years. Save Answer 49. Peak publishes it under Mike's name. a novel about racecar driving. copyright infringement. to a substantial degree and sells it to Peak Editions. (Points: 1) Lex reproduces Mina's copyrighted work without paying royalties. for ten years.Save Answer 48. Sara does not register the work with the appropriate government office. Sara's work is protected a. b. c. d. Under federal copyright law. c. Inc. Save Answer 50.

b. (Points: 1) The graphics used in "Go!. none of the choices. c. fair use. . Save Answer 52. d. Save Answer 51. Lex distributes the copies freely to the public. (Points: 1) Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission. this is a. is protected by a. protected expression. copyright infringement. c. b. b. patent law. With respect to songs owned by Natural Recording Company. d. c. trademark law. Lex's use has no effect on the market for Mina's work.a. d. Lex copies the entire work. copyright law. Lex's use is for a commercial purpose. licensing." a handheld computer game featuring racing cars.

its idea only. b." software to speed the display of graphics on Web . Inc. c. its idea and its expression. d. none of the choices. this software is protected in a. Under the law that applies to trade secrets. (DSI). b. c. Save Answer 54. (Points: 1) Creative Marketing Corporation (CMC) obtains. Under the law that applies to trade secrets. only if CMC and DSI are competitors and DSI's customers are confused. only if CMC and DSI are competitors. its expression only. Save Answer 55. Inc. regardless of whether CMC and DSI are competitors or DSI's customers are confused. without DSI's permission. (Points: 1) Alpha Company develops "Browser Lite..Save Answer 53. CMC's use of the list is actionable a. (Points: 1) Rockstar Software. and gives its employees. d. a list of the customers of Dandy Sales. develops the software for a new series of computer games. only if DSI's customers are confused.

True Save Answer 57. the Paris Convention c. (Points: 1) False A suggestive use of ordinary words may not be trademarked.sites. True Save Answer 58. the TRIPS Agreement. (Points: 1) False A fanciful use of ordinary words may be trademarked. Save Answer 56. Browser Lite has the most copyright protection under a. d. none of the choices. the Berne Convention. True Save Answer False . b. (Points: 1) A party who unintentionally uses the trademark of another is not liable for trademark infringement.

patent protection is given to the first person to invent a product. (Points: 1) False In the United States. (Points: 1) False The unauthorized use of another's mark in a domain name is generally permissible because the Internet is vast. True Save Answer 62.59. True Save Answer 63. . True Save Answer 61. (Points: 1) False A collective mark distinguishes products that are likely to be of interest to collectors. (Points: 1) False A patent cannot be obtained for software. True Save Answer 60. (Points: 1) A service mark distinguishes products used by the government.

the central issue is the idea that forms the basis for a work. (Points: 1) False Loading a file into a computer's random access memory constitutes the making of a "copy" for purposes of copyright law. (Points: 1) False A copy must be exactly the same as the original to infringe a copyright.True Save Answer 64. True Save Answer 65. True Save Answer 67. (Points: 1) False In determining whether copyright protection should be granted. . one factor is the effect of the use on the market for the work. (Points: 1) False In determining whether a copyrighted work is infringed under the "fair use" doctrine. True Save Answer 66.

The standard of proof to find a defendant who has been charged with a crime guilty is a.True Save Answer 68. (Points: 1) False A list of customers is not a trade secret. a preponderance of the evidence. (Points: 1) False Anyone who writes a book has copyright protection in every country in the world. . True Save Answer 71. True Save Answer 69. (Points: 1) False Gail is a "payday" lender charged with filing false claims in bankruptcy proceedings against her debtors. (Points: 1) False The theft of trade secrets is not a crime unless a contract is breached. True Save Answer 70.

burglary. The use of force or fear is required for this act to constitute a. without her authorization. d. c. larceny. beyond a reasonable doubt. (Points: 1) Ira signs Jill's name. d. forgery. forgery. larceny.b. c. d. clear and convincing evidence. Save Answer . This is a. burglary. robbery. Save Answer 72. robbery. to the back of a check made out to her. (Points: 1) Rock pushes Sylvia to the ground. beyond all doubt. b. b. Save Answer 73. grabbing her purse as she falls. c.

burglary. c. physically taking property from its owner. deposits into his account checks that are given to him by bank customers to deposit into their accounts. (Points: 1) Bren. money to overlook the violations in her new warehouse. . This requires a. (Points: 1) Mona offers Ned. This is a. larceny. a State Bank employee. b. money laundering.74. d. (Points: 1) Riley. Save Answer 75. is charged with embezzlement. embezzlement. Mona decided to offer the bribe. c. fraudulently appropriating another's property. an employee of City Bank. The crime occurred when a. the use of force or fear. b. d. Ned accepts the money and overlooks the violations. Save Answer 76. a building inspector. obtaining lawful possession of property through surreptitious means. Mona is charged with the crime of bribery.

larceny. investment. (Points: 1) Tim is a businessperson with investments in several legal and illegal operations. Tim may be subject to a suit under RICO a." d. Ned accepted the bribe. Mona offered the bribe. (Points: 1) Alan manages an illegal gambling operation in his BBQ Bar & Grill. . but legal.b. c. for making an unprofitable. Alan reports the profits of the gambling operation as income from BBQ's legitimate activities on its tax returns. only in a case involving organized crime. only in a case involving a "racket. Ned overlooked the violations. Save Answer 78. c. This is a. for the commission of almost any business fraud. no crime. b. embezzlement. d. Save Answer 77. c. money laundering. b. d.

Voluntary intoxication may be a defense a.Save Answer 79. c. (Points: 1) Devon commits a criminal act while intoxicated. Save Answer 81. Hank will be treated as a. threatening to shoot him if he does not steal from his employer. d. as a defense . d. a minor and tried in a juvenile court. under any circumstances. b. In most states. if it removes a person's normal social inhibitions. an adult and tried in a regular court. Save Answer 80. b. incapable of criminal conduct and tried after he turns eighteen. c. (Points: 1) Dave points a gun at Eton. under no circumstances. if it negates the state of mind that a crime requires. First National Bank. an infant and punished without a trial. Charged with theft. Eton can successfully claim. and give the stolen funds to Dave. (Points: 1) Hank is seventeen years old and is charged with a felony.

Charged with homicide. d. entrapment. a mistake of law is a defense a. if the perpetrator was intoxicated. Irma hits Helen. if the law was not reasonably made known to the public. Save Answer 82. d. threatening to shoot her. b. c. (Points: 1) Helen points a gun at Irma. entrapment. self-defense. self-defense. c. b. if the mistake negates the mental state necessary to commit a crime. under any circumstances. b. consent. Irma can most successfully claim as a defense a. duress. In some states. Save Answer 83. duress. (Points: 1) Ida is charged with a crime of which she claims she was ignorant. consent.a. causing her death. c. . d.

According to the decision in Case 9. c. c.3. A grand jury issues a formal charge against Ollie for larceny. Save Answer 85. an indictment. (Points: 1) A crime can be committed only against persons. a programmer for Inventory Corporation. d. Save Answer 86.Save Answer 84. an arraignment. d. a trial by jury. This charge is a. Ho must be informed of his right to a. is arrested in his employer's parking lot on suspicion of larceny. an information. (Points: 1) Ollie. punishment. is arrested at work. . b. (Points: 1) Ho. Arizona. an inquisition. remain silent. b. Miranda v. an employee of Payroll Management Corporation. question witnesses.

unlike persons. True Save Answer 89. (Points: 1) False A criminal case must be proved beyond a reasonable doubt. (Points: 1) False Corporations. True Save Answer 88. (Points: 1) False Only private attorneys prosecute criminal defendants. True Save Answer 90.True Save Answer 87. (Points: 1) False Battery is a tort and a crime. cannot be liable for crimes. True False .

True Save Answer 94. True Save Answer 93. (Points: 1) False Counterfeiting constitutes forgery.Save Answer 91. (Points: 1) False It is not a crime to defraud the public through the use of ads on television. True Save Answer 92. (Points: 1) Stealing a computer program is a crime. (Points: 1) False A crime of bribery can be committed even if the recipient does not do what the person offering the bribe asks. True Save Answer False .

he or she has a valid defense to criminal liability. True Save Answer 96. (Points: 1) False White-collar crimes may be prosecuted under RICO.95. . True Save Answer 97. True Save Answer 98. (Points: 1) False When the police set a trap for an unwary criminal. (Points: 1) False A federal judge must adhere strictly to federal sentencing guidelines. (Points: 1) False Criminal suspects must be informed of their right to remain silent. True Save Answer 99. (Points: 1) Making "dirty" money appear to be the "profit" of a legitimate business is money laundering.

(Points: 10) . Fred was in a position of trust. but does not authorize Fred to withdraw funds for his own benefit. even without authority. without permission and for his own benefit.True Save Answer 100. Some of the persons who attend the lecture form Gain & Profit. therefore no trespassing was necessary for the theft to take place. Gain & Profit allows Fred to set up an account for the club with a brokerage firm and gives Fred control of the account. Fred defends his actions on the ground that he intended to repay the club. (Points: 1) False Accessing a computer and taking data. Is Fred guilty of embezzlement? Why or why not? Yes. is no crime. Once a person takes on somebody else’s money or property and converts them to their own use. Furthermore. I think the fact that he ‘intended to repay the club’ is not a legitimate defense. (Points: 10) False Fred. and ask Fred to advise them. he is guilty of embezzlement. gives a lecture about investing. with the Gain & Profit account. a successful stockbroker. True Save Answer 101. he has committed embezzlement. Charged with embezzlement. an investment club. Fred uses the money in the Gain & Profit account to repay personal loans. Paragraph Insert equation Save Answer 102. He had complete control over the account and withdrew money to repay his personal loans.

a bystander. they could also file a trespass to personal property. Furthermore. igniting a fire that spreads quickly to a construction site a block away. Lastly CC could charge National Sales Inc. Lastly. has made and begun to sell a nearly identical product. The final step is: The company will be liable if there is a proximate cause. Since the company was working with sensitive and secret information they probably had a contract stating that the employee was not allowed to share company information. had no intent for the negligence. which is a common law tort. he needs to prove that he was injured. Flo. CC learns that a competitor. nor did he know the consequences that his act could have caused. leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. So. a driver for EZ Delivery Company. was it forseeable that Dan’s negligence could have caused harm to a . with interfering with the contract CC had with its employee. which was breached through Dan. What must Flo show to recover damages from Dan? This case would be based on the fact of negligence. Paragraph Insert equation Save Answer 103. and injures. Then. Inc. But he did create a risk for Flo. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development. So. (Points: 10) Dan.After two years of research and an investment of a substantial amount of money. It also is the civil side of crimes related to theft.. Because when National Sales Inc. The truck rolls and crashes into a nearby gas station pump. he needs to prove that the injury resulted in the breach of duty of care by EZ Delivery Company. In which Flo needs to prove foreseeability. Dan. Where a person fails to exercise the standard of care that a reasonable person would exercise in similar circumstances. Coast-toCoast Company (CC) develops a new product that it hopes will produce substantial profits. National Sales. It is any act in which one deprives an owner of his personal property or the use of that property without the owner’s permission and without just cause. which falls on. the main point Flo needs to prove is that EZ Delivery Company owed him a duty of care. The tortfeasor. National Sales helped to break the contract by paying the employee of CC. What legal recourse does CC have against National? I think the legal recourse CC would have against National is to file a civil suit for conversion. A burned wall collapses onto a crane. committed conversion they had to trespass to personal property in order to obtain the information in the first place.

bystander. Paragraph . Flo.

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