question

In a criminal trial, the _______ files a case against the defendant.

answer

government

question

Which of the following is one of the basic elements of crime? a. Wrongful method b. Wrongful behavior c. Wrongful attitude d. Wrongful approach

answer

b. wrongful behavior

question

Which of the following defines aggravated robbery? a. Entering a building without owner's consent b. Unlawful entry intent to commit felony c. There is a threat to life or health d. Fear or force is absent

answer

c. there is a threat to life or health

question

Mrs. W worked as a personal secretary to the manager of a firm. She was caught taking away stationary from the office for personal use. It was revealed during trial that she had been doing this ever since she joined work. This is a case of _______ a. Arson b. Burglary c. Petty larceny d. Grand larceny

answer

c. petty larceny

question

In a criminal case, a government official was convicted for providing false witness for a company in exchange for money. What sort of offense is this? a. Commercial bribery b. Bribery of a public official c. Corporate bribery d. Bribery for information

answer

b. bribery of a public official

question

Which of the following defines a Ponzi scheme? a. An entry in the books of a bank or corporation designed to represent funds that do not exist. b. The misappropriation of trust funds or money held in fiduciary capacity c. Using fraudulent means to obtain information about someone's phone use d. An investment swindle where high profits are promised from fictitious sources

answer

d. An investment swindle where high profits are promised from fictitious sources

question

Mr. X is an accountant in a software company. He has been buying security in his wife's name based on inside information. The criminal activity is known as: a. Securities fraud b. Insider trading c. Stock option backdating d. False pretenses

answer

b. Insider trading

question

What is a vicarious liability? a. A corporation is liable for the offenses of its employees b. Liability for using or causing others to use false pretenses c. An executive is liable for not ensuring the company's compliance with the law d. Employers are liable for the wrongful acts of their employees

answer

d. Employers are liable for the wrongful acts of their employees

question

Which of the following defenses is tested by the 'irresistible impulse' test? a. Infancy b. Insanity c. Involuntary intoxication d. Duress

answer

b. Insanity

question

Mr. Z shot and killed an armed robber who had his gun pointed at him. The robber died at the scene of the crime. What defense can Mr. Z use to get acquitted? a. Duress b. Necessity c. Justifiable use of force d. Entrapment

answer

c. Justifiable use of force

question

Which of the following is a protection offered by the fourth amendment? a. Protection from unreasonable search and seizure b. Prohibition on double jeopardy c. The right not to incriminate yourself d. The right to due process

answer

a. Protection from unreasonable search and seizure

question

Which of the following gives the correct sequence of events for a criminal procedure? a. Booking, arrest, arraignment, trial b. Arrest, booking, arraignment, trial c. Booking, arrest, trial, arraignment d. Arrest, booking, trial, arraignment

answer

b. Arrest, booking, arraignment, trial

question

Which of the following happens if the defendant is not informed of the Miranda rights? a. There can be no trial until the defendant is informed of them b. There can be no appeal after the verdict of the trial has been pronounced c. Any information a defendant offers at the time of arrest is inadmissible d. The arresting officers cannot bear witness

answer

c. Any information a defendant offers at the time of arrest is inadmissible

question

Which of the following comes under the RICO Act? a. Racketeering b. Employee suing employer for fraud against government c. Willfully not maintaining audit records d. Destruction of documents in a federal bankruptcy investigation

answer

a. Racketeering

question

Which of the following is true for 'whistle blowers'? a. They are government officials who have to report corporate crime b. In prosecuted cases, they receive a percentage of the amount recovered c. They are worried about being fired or demoted d. Getting a job in the same field is easier after reporting a fraud

answer

c. They are worried about being fired or demoted

question

The primary purpose of criminal law is to compensate a victim a. True b. False

answer

b. False

question

Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse a. True b. False

answer

b. False

question

Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment a. True b. False

answer

b. False

question

Congress amended the foreign corrupt practices act to confirm to the anti-bribery convention adopted by the organization for economic cooperation and development a. True b. False

answer

a. True

question

Mail fraud is a federal crime a. True b. False

answer

a. True

question

Embezzlement is distinguished from larceny because in embezzlement, the individual does not take the property from another and is already in possession of the property a. True b. False

answer

a. True

question

China punishes embezzlement and bank fraud less severely than the U.S. a. True b. False

answer

b. False

question

Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus did not have a mind a. True b. False

answer

a. True

question

Under current law, corporations cannot be held criminally accountable for strict-liability offenses a. True b. False

answer

b. False

question

A person who is considered an infant under the law cannot be tried as an adult under any circumstances a. True b. False

answer

b. False

question

The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved a. True b. False

answer

b. False

question

Which of the following is the term that describes wrongful behavior in a criminal action? a. Mens rea b. Actus reus c. Res judicta d. Stare decisis e. None of the above

answer

b. Actus reus

question

Which of the following is a term describing the wrongful state of mind needed for a criminal action a. Mens rea b. Actus reus c. Res judicta d. Stare decisis e. None of the above

answer

a. Mens rea

question

Strict liability is a term used to describe which of the following a. Liability without fault b. Negligence c. Actus reus d. Intentional wrongdoing e. Recklessness

answer

a. Liability without fault

question

Which of the following is an example of the imposition of strict liability a. A robber pulls a gun to rob a bank teller b. A burglar breaks into a home to steal jewelry c. A business sells cigarettes to a minor d. A minor shoplifts in a department store e. An adult shoplifts in a department store

answer

c. A business sells cigarettes to a minor

question

Which of the following is punishable by imprisonment for more than one year or death a. Misdemeanor b. Felony c. Petty offenses d. Tort offenses e. Any business related crime

answer

b. Felony

question

Which of the following are less serious crimes punishable by fines or imprisonment of less than one year a. Misdemeanor b. Felony c. Petty offenses d. Tort offenses e. Any business related crime

answer

a. Misdemeanor

question

Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code a. Insignificant offenses b. Felony c. Petty offenses d. Tort offenses e. Any business related crime

answer

c. Petty offenses

question

Which of the following is the forceful and unlawful taking of personal property a. Robbery b. Burglary c. Larceny d. Arson e. Criminal fraud

answer

a. Robbery

question

Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony a. Robbery b. Burglary c. Larceny d. Arson e. Criminal fraud

answer

b. Burglary

question

Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession a. Robbery b. Burglary c. Larceny d. Arson e. Criminal fraud

answer

c. Larceny

question

Which of the following is the intentional burning of another's dwelling a. Robbery b. Burglary c. Larceny d. Arson e. Criminal fraud

answer

d. Arson

question

Which of the following serves to combat bribery of foreign officials a. The foreign official bribery act b. The intentional bribery prohibition act c. The fair business act d. The international fair business practices act e. The foreign corrupt practices act

answer

e. The foreign corrupt practices act

question

Which of the following is the making of threats for the purpose of obtaining money or property a. Bribery b. Criminal fraud c. Extortion d. Both bribery and extortion e. Importation

answer

c. Extortion

question

Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist a. False entry b. Defalcation c. False pretenses d. Ponzi scheme e. Pretexting

answer

a. False entry

question

Which of the following is a false document or sign of existence used to perpetrate fraud, such as making counterfeit money a. False entries b. False token c. False pretenses d. Ponzi scheme e. Pretexting

answer

b. False token

question

Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity a. False entries b. Defalcation c. False pretenses d. Ponzi scheme e. Pretexting

answer

b. Defalcation

question

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors a. False entries b. False token c. False pretenses d. Ponzi scheme e. Pretexting

answer

d. Ponzi scheme

question

Which of the following is using fraudulent means to obtain information about someone's phone use a. Pretexting b. Ponzi scheme c. False pretenses d. False token e. Defalcation

answer

a. Pretexting

question

Zack, the president of ABC Company, falsified documents to make it appear as if he had been granted stock options on certain dates, and he selected the dates after the fact, picking dates on which the stock price was low. Which of the following offenses, if any, did he commit a. Insider trading b. Pretexting c. Defalcation d. Stock option backdating e. He did not commit any offense

answer

d. Stock option backdating

question

Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money of subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed a. Defalcation b. False entry c. False token d. False pretenses e. Ponzi scheme

answer

d. False pretenses

question

Which of the following occurs when companies bill customers for optional services that the customer did not order a. Slamming b. Cramming c. Stuffing d. Fraudulent adding e. Fraudulent transfer

answer

b. Cramming

question

In which of the following involves tricking consumers into changing their phone service to another carrier without their consent a. Slamming b. Cramming c. Stuffing d. Fraudulent adding e. Fraudulent transfer

answer

a. Slamming

question

Bank teller receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, ben puts it into his pocket. Which of the following offenses has he committed a. Forgery b. False entries c. False token d. Embezzlement e. Both d and c

answer

d. Embezzlement

question

Which of the following is a person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money a. Backer b. Reacher c. Hacker d. Trespasser e. Illicit user

answer

c. Hacker

question

Which of the following is true regarding corporate executives held personally liable for business crime a. Corporate executive may never be held personally liable for a business crime b. Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime c. Corporate executives may be found personally liable for a business crime regardless of whether the business crime was committed for personal benefit or for the benefit of the corporation d. A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation e. Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity

answer

c. Corporate executives may be found personally liable for a business crime regardless of whether the business crime was committed for personal benefit or for the benefit of the corporation

question

Which of the following are considered infants under the law in regards to criminal activity a. Any child five and under b. Any child ten and under c. Any child twelve and under d. Any child sixteen and under e. Any person under the age of majority

answer

e. Any person under the age of majority

question

Which of the following is generally a legitimate defense to a charge of a crime a. Mistake of law b. Vicarious liability c. Mistake of fact d. Mistake of fact and mistake of law e. Mistake of fact, mistake of law, and vicarious liability

answer

c. Mistake of fact

question

Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act a. Irresistible impulse act b. Involuntary act c. The substantial capacity test d. The m'naghten test e. The necessity defense

answer

d. The m'naghten test

question

Which of the following holds that a person may be deemed not guilty by reason of insanity even if he or she knew that a criminal act was wrong, as long as some 'irresistible impulse' resulting from a mental deficiency drove the person to commit the crime a. Irresistible impulse test b. Involuntary act c. The substantial capacity test d. The duress defense e. The necessity defense

answer

a. Irresistible impulse test

question

Assuming the requisite elements are proven, which of the following is a defense when it is established that a crime is committed because the person committing the act was threatened with immediate bodily harm or loss of life unless the offense was committed a. Entrapment b. Necessity c. Justifiable use of force d. Duress e. Inescapable action

answer

d. Duress

question

A defendant can use the _______ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime a. Entrapment b. Necessity c. Justifiable use of force d. Duress e. Inescapable action

answer

a. Entrapment

question

A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of a. Entrapment b. Necessity c. Justifiable use of force d. Duress e. Inescapable action

answer

b. Necessity

question

Which amendment provides the right to a speedy and public trial a. The second amendment b. The third amendment c. The fourth amendment d. The fifth amendment e. The sixth amendment

answer

e. The sixth amendment

question

Which of the following is true regarding the fourteenth amendment a. It is part of the bill of rights b. Its safeguards only apply at the federal level c. It extends due process and most constitutional protections to all states d. It is a part of the bill of rights, its protections apply at the federal level, and its protections also apply at the state level e. It is not a part of the bill of rights, and its protections apply only at the federal level

answer

c. It extends due process and most constitutional protections to all states

question

Which of the following amendments to the U.S. constitution specifically sets forth the exclusionary rule? a. The fourth amendment b. The fifth amendment c. The sixth amendment d. The eight amendment e. None of the above

answer

e. None of the above

question

At trial, a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying a. The exclusionary rule b. The fourth amendment c. The Eden rule d. The Adam rule e. The eve rule

answer

a. The exclusionary rule

question

Ordinary, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is _______ that a suspect committed or is planning to commit a crime a. Likely cause b. Suspected cause c. Certainty d. Probable cause e. Information

answer

d. Probable cause

question

Which of the following is true regarding an arrest without a warrant a. A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant b. A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant c. A law enforcement agent can arrest a suspect without a warrant only if a felony is involved d. A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved e. A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender

answer

a. A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant

question

Of which of the following must a defendant be informed before questioning a. That the defendant must answer questions or there will be a presumption of guilt at trial b. That statements made to law enforcement before arraignment may not be used against the defendant in court c. That the defendant has the right to consult an attorney before speaking to the police d. That unless the defendant can afford any attorney, the defendant will not have an attorney e. That the right to an attorney does not begin until after the defendant is arraigned

answer

c. That the defendant has the right to consult an attorney before speaking to the police

question

Which of the following occurs when a defendant makes a first appearance? a. A magistrate determines whether there was proof beyond a reasonable doubt for the arrest b. A magistrate determines whether there was probable cause for the arrest c. A magistrate determines whether the defendant was properly booked d. A magistrate determines whether there was proof beyond a reasonable doubt for the arrest and also whether the defendant was properly booked e. None of the above

answer

b. A magistrate determines whether there was probable cause for the arrest

question

Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges a. Petit defense b. Information c. Nolo contendere d. Sine qua non e. Plea avoidance

answer

c. Nolo contendere

question

A judge reports that a jury was "hung." What does the judge mean a. That the jury wanted to hang the defendant by imposing a heavy sentence b. That the jury wanted to hang the prosecutor for unjustly charging the defendant c. That the jury could not reach a decision d. That the jury had waited an excessive amount of time before reaching a verdict e. That they jury had waited an excessive amount of time before retiring for the evening

answer

c. That the jury could not reach a decision

question

Which of the following requires a "pattern" a. The racketeering influenced and corruption organizations act b. The false claims act c. The Sarbanes-Oxley act of 2002 d. All of the above e. None of the above

answer

a. The racketeering influenced and corruption organizations act

question

Under the Sarbanes-Oxley act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least _______ years a. 2 b. 3 c. 4 d. 5 e. 6

answer

d. 5

question

Which of the following was created specifically to combat white collar crime a. The Sarbanes-Oxley act b. RICO c. The false claims act d. 1983 e. None of the above

answer

a. The Sarbanes-Oxley act

question

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government a. RICO b. The false claims act c. The Sarbanes-Oxley act of 2002 d. The Medicare recovery act e. The healthcare fraud act

answer

b. The false claims act

question

Which of the following was passed largely in response to business scandals of the early 200's, such as those implicated Enron, WorldCom, global crossing, and Arthur Anderson a. RICO b. The false claims act c. The Sarbanes-Oxley act d. The Medicare recovery act e. The healthcare fraud act

answer

c. The Sarbanes-Oxley act

question

Under the Sarbanes-Oxley act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation a. The destruction of documents in a federal bankruptcy investigation is a misdemeanor with possible sentences of up to 364 days in jail b. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 364 days in jail c. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 5 years in jail d. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail e. None of the above

answer

d. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail

question

Which of the following supreme court cases established the right to counsel before questioning by the police a. Whaley v. reeves b. Glover v. smith c. U.S. v. glover d. U.S. v. parks e. Miranda v. Arizona

answer

e. Miranda v. Arizona

question

What is the primary objective of tort law a. To punish wrongdoers and preserve order in society b. To obtain compensation for breach of duty to society c. To bring a lawsuit against the criminal by the state d. To provide compensation for injured parties

answer

d. To provide compensation for injured parties

question

Which of the following defines a strict-liability tort a. The defendant takes an action intending certain consequences b. The defendant acts in a certain way that subjects other people to an unreasonable risk of harm c. The defendant takes an action that is inherently dangerous d. The defendant is sued by the state

answer

c. The defendant takes an action that is inherently dangerous

question

_______ occur(s) when the defendant acts in a way that subjects other people to an unreasonable risk of harm a. Strict-liability torts b. Negligent torts c. Intentional torts d. Battery

answer

b. Negligent torts

question

On Halloween night, rob was returning home late. A young boy dressed as death accosted him on the street and demanded rob handover all the money he was carrying. Rob was momentarily shaken although he was able to get away from the boy. This is an assault case because: a. It was in a public place b. There was an apprehension c. There was no fear d. There was no use of threat

answer

b. There was an apprehension

question

Which of the following defines a libel a. A permanent publishing of defamation b. Oral defamation c. Consenting to the contact which constitutes battery d. Republishing a false statement

answer

a. A permanent publishing of defamation

question

Which of the following is considered an absolute defense in a defamation case a. Self-defense b. Truth c. Privilege d. Slander

answer

b. Truth

question

In a housing committee meeting, Wayne complained to others present that he could hear his neighbor Cindy's baby crying through most nights and suspected she left the baby home alone. This was said in the absence of Cindy who heard about it from one of her neighbors. Since Wayne's statement made Cindy sound like a negligent parent and she wanted to sue Wayne. Which tort would she be using a. False light b. Actual malice c. Slander d. Public disclosure of private facts

answer

a. False light

question

A noted women's charity sued a garment retail chain for installing hidden cameras in their fitting rooms. Which tort has been violated here a. Public disclosure of private facts b. Abuse of process c. Intentional infliction of emotional distress d. Seclusion

answer

d. Seclusion

question

In which of the following situations has conversion occurred a. When a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property b. Temporarily exerting control over another's personal property or interfering with the owner's right to use it c. When a person intentionally enters the land of another without permission d. When a person permanently removes personal property from the owner's possession and control

answer

d. When a person permanently removes personal property from the owner's possession and control

question

During the swine-flu outbreak, the verbal comments of a journalist caused many people to doubt and boycott the produce of Mr. Porky's food chain. This caused a significant reduction in sales and the firm sued the journalist. What tort is applicable in the above scenario a. Slander of quality b. Trade libel c. Slander of title d. Product libel

answer

a. Slander of quality

question

Which of the following constitutes fraudulent misrepresentation a. The defendant intentionally undertook steps to cause a breach of contract b. Someone enters an industry with the sole intent of driving another firm out of business c. The plaintiff suffered damages because of his reliance on a misrepresentation d. The defendant maligned the plaintiff's reputation by making derogatory statements

answer

c. The plaintiff suffered damages because of his reliance on a misrepresentation

question

Which of the following is true for compensatory damages a. It does not fully compensate the victim for the harm caused by the tortfeasor b. It does not include attorney fees c. It is typically rewarded by the state to the victim d. Its purpose is to recognize that the defendant committed a tort against the victim

answer

b. It does not include attorney fees

question

In which of the following cases will punitive damages most likely be the highest a. Defendant is wealthy and the act committed is moderately wrongful b. Defendant is not wealthy and the act committed is highly wrongful c. Defendant is wealthy and the act committed is highly wrongful d. Defendant is not wealthy and the act committed is moderately wrongful

answer

c. Defendant is wealthy and the act committed is highly wrongful

question

A skin care products' company was sued by a female consumer. The defendant was found guilty of selling a new product which had resulted in severe skin damage of the plaintiff. What would the company have to do a. Pay compensatory damages b. Pay punitive damages c. Pay both compensatory and punitive damages d. Apologize in writing to the plaintiff

answer

c. Pay both compensatory and punitive damages

question

Why was the class action fairness act (CAFA) of 2005 created a. To enhance damage awards b. To limit the conditions under which a class action suit can be brought c. To make tort reform laws equal at state level d. To offer original jurisdiction to district courts on CAFA cases

answer

b. To limit the conditions under which a class action suit can be brought

question

Tort law is primarily state law a. True b. False

answer

a. True

question

When it comes to assault, apprehension and fear are considered as the same thing a. True b. False

answer

b. False

question

Consent, if proven, is a defense to battery a. True b. False

answer

a. True

question

Defense of property cannot be a defense to a claim of battery a. True b. False

answer

b. False

question

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact a. True b. False

answer

b. False

question

In china, defamation can be a civil or criminal action a. True b. False

answer

a. True

question

Privilege is an affirmation defense in a defamation action a. True b. False

answer

a. True

question

If a defamation statement was originally broadcast by a company in the united states and was re-broadcast in the united kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the united kingdom court a. True b. False

answer

a. True

question

The use of moral pressure is insufficient to establish false imprisonment a. True b. False

answer

a. True

question

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists a. True b. False

answer

a. True

question

Which of the following is a tort a. A civil or criminal action in state court b. A civil or criminal action in state court or federal court c. A breach of contract d. A wrong or injury to another, other than a breach of contract e. None of the above

answer

d. A wrong or injury to another, other than a breach of contract

question

Which of the following is true of the term "tort" a. It is a French word meaning "wrong" b. It is a German word meaning "mistake c. It is a Latin word meaning "misfeasance" d. It is an English word meaning "negligence" e. It is a civil law term meaning "liability"

answer

a. It is a French word meaning "wrong"

question

Which of the following is true regarding tort litigation a. Tort litigation has been declining gradually since 1990 b. Tort litigation has increased steadily since 199 c. Tort litigation has remained constant with no real change in numbers since 1990 d. Tort litigation increased significantly in the 1990s but has declined in the last two years e. None of the above because there is no way nationally to measure the number of cases filed

answer

a. Tort litigation has been declining gradually since 1990

question

Which of the following are common classifications of torts a. Intentional, negligent, and criminal b. Intentional, criminal, and strict-liability c. Intentional, negligent, and strict-liability d. Criminal, negligent, and strict-liability e. Administratively, civilly, criminally

answer

c. Intentional, negligent, and strict-liability

question

_______ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result a. Criminal b. Liability c. Intentional d. Negligent e. Strict-liability

answer

c. Intentional

question

_______ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm a. Criminal b. Liability c. Intentional d. Negligent e. Strict-liability

answer

d. Negligent

question

_______ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes a. Criminal b. Liability c. Intentional d. Negligent e. Strict-liability

answer

e. Strict-liability

question

Which of the following is true regarding the intent needed for an intentional tort? a. The intent at issue is not intent to harm but, rather, it intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another b. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient c. The intent at issue is intent to harm that results in an injury, physical or economic, to another d. The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient e. The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice

answer

a. The intent at issue is not intent to harm but, rather, it intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another

question

Which of the following is a category into which intentional torts are divided a. Torts against persons b. Torts against property c. Torts against economic interests d. All of the above e. None of the above

answer

d. All of the above

question

A(n) _______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact a. Battery b. Assault c. Assault and battery d. Negligence e. Strict responsibility

answer

b. Assault

question

Which of the following is true regarding the apprehension necessary for the tort of assault a. Apprehension and fear are the same thing b. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm c. Actual injury is necessary for valid apprehension to be proven d. The test for assault involves subjective apprehension, not reasonable apprehension e. There is no requirement that the apprehension be of immediate physical contact

answer

b. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm

question

Robby calls bobby on the telephone and threatened to come over and break his nose. Which of the following is true a. Robby's conduct constitutes battery b. Robby's conduct constitutes an assault c. Robby's conduct constitutes both battery and an assault d. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm e. Robby's conduct does not constitute an assault because there was no physical contact

answer

d. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm

question

Which of the following is true regarding the intent needed for battery a. The intent of a person in making a contact is irrelevant for establishing liability b. A plaintiff may not prove liability unless the plaintiff can establish that the defendant intended to be offensive c. A plaintiff may not prove liability without demonstrating that the defendant intended to be offensive and also that harmful contact occurred d. A plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish harmful contact e. Accidental contact may establish a battery if economic injury is sustained

answer

a. The intent of a person in making a contact is irrelevant for establishing liability

question

Mike gets angry because ben made a better grade on a test than he did. They get into an argument, and mike takes a swing at ben intending to hit him. Ben shoves mike in order to avoid the blow. Which of the following is true regarding ben's actions a. Ben has committed a battery b. Ben had committed both an assault and a battery c. Ben has not committed an assault or batter because he acted in self-defense d. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent e. Ben cannot rely upon self-defense because his life was not in danger

answer

c. Ben has not committed an assault or batter because he acted in self-defense

question

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others a. The internet communications act of 2000 b. The interactive computer services protection act of 2004 c. The communications decency act of 1996 d. The internet communications protection act of 1998 e. The blog protection act of 2001

answer

c. The communications decency act of 1996

question

Which of the following may a person accused of defamation raise as a defense a. Truth only b. Privilege c. Need and truth d. Need, truth, and privilege e. Truth and privilege

answer

e. Truth and privilege

question

When a(n) _______ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim a. Simple b. Complex c. Defamation d. Absolute e. None of the above

answer

d. Absolute

question

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made a. With actual malice b. Negligently c. In print d. Publicly e. To an employer

answer

a. With actual malice

question

Which of the following would generally be public figures for purposes of the public figure privilege to actions for defamation a. Politicians only b. Entertainers only c. Business owners only d. Politicians and entertainers e. Politicians, entertainers, and business owners

answer

d. Politicians and entertainers

question

Which of the following would constitute the privacy tort of false light a. Attributing characteristics or beliefs to a person that he or she does not possess b. Disclosing private facts about a person c. Defaming a person with actual malice d. Defaming a public figure e. Defaming a public figure for personal gain

answer

a. Attributing characteristics or beliefs to a person that he or she does not possess

question

Which of the following is true regarding the "case opener" involving the lawsuit for defamation brought by a plastic surgeon against a physician a. The lawsuit was dismissed because of a lack of proof of an untrue statement b. The lawsuit was dismissed because of a lack of proof that the plastic surgeon was a public figure c. The lawsuit was dismissed both because of a lack of proof of an untrue statement and because of a lack of proof that the plastic surgeon involved was a public figure d. The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure e. The verdict was upheld because the damages were proper and the plastic surgeon was a public figure

answer

d. The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure

question

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true a. Annie has committed defamation of the college president in the form of slander b. Annie has committed defamation of the college president in the form of libel c. Annie has appropriated the commercial gain the photograph which constitutes an invasion of privacy d. Annie has committed both defamation and invasion of privacy toward the college president e. Annie has not committed any tort

answer

c. Annie has appropriated the commercial gain the photograph which constitutes an invasion of privacy

question

Which of the following are defenses to an action for libel brought by a public figure in the united kingdom regarding a statement made in the united kingdom a. Only that the statements were true b. Only that the statements were made in parliament c. Only that the statements were made in court d. That the statements were made in parliament or court e. That the statements were true, that the statements were made in parliament, or that the statements were made in court

answer

e. That the statements were true, that the statements were made in parliament, or that the statements were made in court

question

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try in clothing. Which of the following has bill committed a. Intrusion of an individual's affairs or seclusion b. Slander c. Libel d. False light invasion of property e. Both false light invasion of property and intrusion of an individual's affairs or seclusion

answer

a. Intrusion of an individual's affairs or seclusion

question

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time a. Forcible detainer b. False imprisonment c. Qualified imprisonment d. Contained detaining e. False detention

answer

b. False imprisonment

question

Which of the following would constitute false imprisonment a. Threatening to use immediate physical force to detain someone b. Refusing to release property c. Physical restraint, such as tying someone to a chair d. All of the above e. Physical restraint and threatening to use immediate physical force, but not refusing to release property

answer

d. All of the above

question

Which of the following is true regarding a store keeper who detains a suspected shoplifter a. There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspect of shoplifting instead, the police should be called b. When a retailer has a reason to believe that a person is guilty of shoplifting the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time c. Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police d. The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police e. None of the above

answer

b. When a retailer has a reason to believe that a person is guilty of shoplifting the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time

question

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed a. Negligent infliction of emotional distress b. Intentional infliction of strict liability distress c. Intentional infliction of emotional distress d. Reckless invasion of solitude e. Psychological infliction of distress

answer

c. Intentional infliction of emotional distress

question

Which of the following torts seeks to compensate people wrongfully charge with wither criminal or civil matters a. Malicious prosecution b. Wrongful civil proceedings c. Abuse of proceeding d. Malicious prosecution and wrongful civil proceedings, but not abuse of proceeding e. Malicious prosecution, wrongful civil proceedings, and abuse of proceeding

answer

d. Malicious prosecution and wrongful civil proceedings, but not abuse of proceeding

question

Jane is unhappy with her neighbor Sam because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. He refuses, and she proceeds to sue him for nuisance. Which of the following is true a. Jane is completely within her rights and has done nothing wrong b. Same can sue Jane for malicious prosecution and win only if he wins the nuisance action c. Sam can sue Jane for abuse of process and win only if he wins the nuisance action d. Sam can sue Jane for malicious prosecution regardless of whether or not he wins the nuisance action e. Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance case

answer

e. Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance case

question

Under which of the following situations does the tort of trespass to realty occur a. A person causes an object to be place on the land of another without the landowner's permission b. A person stays on the land of another when the owner tells him to depart c. A person refuses to remove something he placed on the property that the owner of the property asked him to remove d. All of the above e. None of the above because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission

answer

d. All of the above

question

Which of the following is defamation of a business product or service a. Disparagement b. Interference with a contract c. Conversion d. Derogation e. Abuse of title

answer

a. Disparagement

question

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as a. Slander of quality b. Trade libel c. Libel of title d. Slander of title e. None of the above

answer

d. Slander of title

question

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct a. Bob has committed the tort of unfair competition b. Bob had committed the tort of interference with contract c. Bob has committed the tort of unfair competition and also the tort of interference with contract d. Bob has committed the tort of disparagement e. Bob has not committed any torts

answer

a. Bob has committed the tort of unfair competition

question

The primary type of damages in tort law is referred to as a. Punitive damages b. Compensatory damages c. Nominal damages d. Accrual damages e. Perspective damages

answer

b. Compensatory damages

question

A person who commits a tort is often referred to as a a. Tortfeasor b. Guiltfeasor c. Criminal d. Runaway defendant e. Nominal defendant

answer

a. Tortfeasor

question

Which of the following is not a typical type of compensatory damage a. Pain and suffering b. Cost to repair damaged property c. Medical expenses d. Attorney fees e. None of the above are typical types of compensatory damages

answer

d. Attorney fees

question

_______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff a. Nominal b. Compensatory c. Punitive d. Retaliatory e. Revenge

answer

a. Nominal

question

_______ damages are damages awarded to punish the defendant a. Nominal b. Compensatory c. Punitive d. Retaliatory e. Revenge

answer

c. Punitive

question

Property that is primarily the result of mental creativity rather than physical effort is often called: a. Real property b. Intellectual property c. Fixed property d. Virtual property

answer

b. Intellectual property

question

A distinctive mark affixed to a good, its packaging, or its labeling, with a product for identifying the product with the producer such as the Nike "swoosh" is a: a. Certain mark b. Collective mark c. Product trademark d. Service mark

answer

c. Product trademark

question

A _______ mark identifies the producers as belonging to a larger group, such as a trade union a. Product trade b. Certification c. Collective d. Service

answer

c. Collective

question

The term _______ means the overall appearance and image of a product a. Trade dilution b. Trademark c. Trade secret d. Trade dress

answer

d. Trade dress

question

The main focus of a case of trade-dress infringement is usually on: a. The likelihood of consumer confusion b. Whether it is famous c. Whether it is legally registered d. The absence of secrecy

answer

a. The likelihood of consumer confusion

question

Which of the following is true of trademark dilution laws a. Trademark dilution laws protect trademarks from being copied. Hence, similar trademarks are ignored under these laws b. Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks, only in the presence of consumer confusion c. Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks, even in the absence of consumer confusion d. Trademark dilution laws provide protection only at the state level

answer

c. Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks, even in the absence of consumer confusion

question

_______ protect the expression of creative ideas a. Collections b. Copyrights c. Trademarks d. Trade secrets

answer

b. Copyrights

question

One criteria for a work to be copyrightable, is: a. When it is original and creative b. When it involves huge amounts of investment c. When the idea behind it cannot be set out in tangible form d. When it is created by famous personalities

answer

a. When it is original and creative

question

The _______ doctrine provides that others may reproduce a portion of a copyrighted work for purpose of "criticism, comment, news reporting, teaching, scholarship, and research" a. Privity b. Restatement c. Ultramares d. Fair-use

answer

d. Fair-use

question

A patent: a. Protects the expression of creative ideas, and not the underlying idea b. Protects a product, process, invention, machine, or plant produced by asexual reproduction c. Is a mark identifying the producers as belonging to a larger group, such as a trade union d. Is a nonfunctional design, shape, color, symbol, or word that has come to identify the product with its producer

answer

b. Protects a product, process, invention, machine, or plant produced by asexual reproduction

question

A _______ occurs when the holder issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder a. Patent pool b. Cross-licensing c. Tying arrangement d. Patent thicket

answer

c. Tying arrangement

question

A _______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors a. Trade secret b. Patent c. Trademark d. Copyright

answer

a. Trade secret

question

The _______ principle requires that each member nation protect artists of all signatory nations equally a. Protection independent of protection in the country of origin b. Nonconditional protection c. National treatment d. Common rules

answer

c. National treatment

question

The protection independent of protection in the country of origin principle of the Berne convention of 1886: a. Requires that each member nation protect artists of all signatory nations equally b. Allows nationals of nonsignatory countries to protect works if they are created in a member country c. Establishes minimum standards for granting copyrights that all nations must meet d. Requires that protection not be conditioned on the use of formalities, although the country of origin may require registration or a similar formality

answer

b. Allows nationals of nonsignatory countries to protect works if they are created in a member country

question

Which of the following is one of the basic principles of the Paris convention of 1883 a. The international treatment b. The protection independent of protection in the country of origin c. Nonconditional protection d. The right of priority

answer

d. The right of priority

question

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort a. True b. False

answer

a. True

question

Network solutions, Inc. is funded by the national science foundation and is responsible for registering domain names on the internet a. True b. False

answer

a. True

question

A person who applies for a domain name on the internet will be granted the domain name so long as no one else holds that name a. True b. False

answer

a. True

question

Trade dress is entitled to the same protection as a trademark a. True b. False

answer

a. True

question

Copyrights protect the expression of creative ideas a. True b. False

answer

a. True

question

Copyrights protect ideas themselves a. True b. False

answer

b. False

question

A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. tested" or good housekeeping seal of approval" a. True b. False

answer

b. False

question

A teacher cannot be held liable for copyright infringement under the fair-use doctrine so long as copies are only used for educational purposes a. True b. False

answer

b. False

question

Tying arrangements are illegal a. True b. False

answer

a. True

question

An invention may be considered a trade secret a. True b. False

answer

a. True

question

Which of the following consists of the fruits of one's mind a. Theoretical property b. Cognitive property c. Intellectual property d. Protected property e. Tradable property

answer

c. Intellectual property

question

A(n) _______ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer a. Copyright b. Patent c. Trade secret d. Trademark e. Intellamark

answer

d. Trademark

question

Which of the following is true regarding whether the shape of a product or package may be a trademark a. The shape of a product may be a trademark if it is nonfunctional but the shape of a package may not be a trademark b. The shape of a product may be a trademark if it is functional but the shape of a package may not be a trademark c. The shape of a product or package may be a trademark if it is functional d. The shape of a product or package may be a trademark if it is nonfunctional e. The shape of a package may be a trademark if it is nonfunctional, the shape of a product may not be a trademark

answer

d. The shape of a product or package may be a trademark if it is nonfunctional

question

Which of the following is an example of a product developing secondary meaning a. Customers identify a certain color as identifying a company's product b. Customers hear of the term through a secondary source such as media advertising c. A company has illegally misappropriated a trademark and has used it in second place to identify a product d. A company has agreed to only use a trademark secondarily after the primary user has abandoned it e. None of the above

answer

a. Customers identify a certain color as identifying a company's product

question

Under which of the following is a trademark protected under state common law a. If it is interstate b. If it is intrastate c. If it is used commercially d. If it is used intrastate and also commercially e. A trademark cannot be protected under state common law

answer

b. If it is intrastate

question

To be protected in _______ use, a trademark must be registered with the U.S. patent office under the lanham act of 1947 a. Interstate b. Intrastate c. Interstate and intrastate d. Commercial e. Interstate, intrastate, and commercial

answer

a. Interstate

question

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner a. Damages only b. An injunction prohibiting the infringer from using the mark only c. An additional amount of damages computed as a multiplier of five times the original damages d. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of five times the original damages e. Damages and an injunction prohibiting the infringer from using the mark

answer

e. Damages and an injunction prohibiting the infringer from using the mark

question

If a trademark is unregistered, which of the following may the older recover when an infringer uses the mark to pass off goods as being those of the mark owner a. Only damages b. Only an injunction prohibiting the infringer from using the mark c. An additional amount of damages computed as a multiplier of five times the original damages d. Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of five times the original damages e. Damages and an injunction prohibiting the infringer from using the mark

answer

b. Only an injunction prohibiting the infringer from using the mark

question

Once a trademark is registered today, when must it be renewed for the first time a. Between the first and second year b. Between the second and third year c. Between the third and fourth year d. Between the fourth and fifth year e. Between the fifth and sixth year

answer

e. Between the fifth and sixth year

question

After the initial renewal, assuming a trademark was initially registered after the 1990, how often must the trademark be renewed a. Every nine years b. Every ten years c. Every eleven years d. Every twelve years e. Every thirteen years

answer

b. Every ten years

question

Which of the following is a mark used in conjunction with a service a. Product trademark b. Collective trademark c. Certification d. Service mark e. Physical activity mark

answer

d. Service mark

question

Which of the following is a mark affixed to a good, its packaging, or its labeling a. Product trademark b. Collective mark c. Certification mark d. Service mark e. Physical activity mark

answer

a. Product trademark

question

Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union a. Product trademark b. Collective mark c. Certification mark d. Service mark e. Physical activity mark

answer

b. Collective mark

question

Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. tested" or "good housekeeping seal of approval" a. Product trademark b. Collective mark c. Certification mark d. Service mark e. Physical activity mark

answer

c. Certification mark

question

In which of the following orders of ascending strength may marks fall a. Generic, suggestive, descriptive, arbitrary or fanciful b. Descriptive, generic, suggestive, arbitrary or fanciful c. Arbitrary or fanciful, generic, descriptive, suggestive d. Generic, descriptive, suggestive, arbitrary or fanciful e. Suggestive, generic, descriptive, arbitrary or fanciful

answer

d. Generic, descriptive, suggestive, arbitrary or fanciful

question

A(n) _______ mark identifies a significant characteristic of the product but is not the common name of the product a. Suggestive b. Arbitrary or fanciful c. Generic d. Descriptive e. Common

answer

d. Descriptive

question

To obtain trademark protection, a descriptive term must have attained a. Secondary meaning b. Primary meaning c. Primary application d. Secondary application e. Secondary acknowledgement

answer

a. Secondary meaning

question

A(n) _______ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods a. Generic b. Descriptive c. Suggestive d. Conclusory e. Artful

answer

c. Suggestive

question

When trademark infringement is alleged, what is the effect of actual confusion a. It is not a prerequisite to recover, but it is a strong indication that there is a likelihood of confusion b. It is a prerequisite for the plaintiff to recover c. It is a weak indication that there is a likelihood of confusion d. It is a strong indication that the plaintiff will bridge the gap e. It is a strong indication that there is a likelihood of confusion and also that the plaintiff will bridge the gap

answer

a. It is not a prerequisite to recover, but it is a strong indication that there is a likelihood of confusion

question

Which of the following is the way people and businesses are located on the web a. Through product names b. Through internet names c. Through domain names d. Through trademark names e. Through search engines

answer

c. Through domain names

question

With which of the following does a government website address end a. .gov b. .edu c. .net d. .org e. .com

answer

a. .gov

question

With which of the following does a network website address end a. .gov b. .edu c. .net d. .org e. .com

answer

c. .net

question

With which of the following does an organization website address end a. .gov b. .edu c. .net d. .org e. .com

answer

d. .org

question

With which of the following does a business website address end a. .gov b. .edu c. .net d. .org e. .com

answer

e. .com

question

Which of the following is responsible for registering domain names for internet use a. Internet solutions, Inc. b. Domain names co. c. Internet domain Inc. d. Network solutions, Inc. e. Findability, Inc.

answer

d. Network solutions, Inc.

question

A registrant may lose registration of a domain name for the internet usage by not using it for more than _______ days a. 30 b. 60 c. 90 d. 120 e. 180

answer

c. 90

question

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research a. The limited use doctrine b. The copyright use doctrine c. The fair use doctrine d. The trade use doctrine e. The approved use doctrine

answer

c. The fair use doctrine

question

Which of the following is true regarding what may be the subject of a patent a. Only products may be the subject of patents b. Only processes may be the subject of patents c. Only inventions may be the subject of patents d. An invention may be the subject of a patent, but a plant produced by asexual reproduction may not be the subject of a patent e. A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent

answer

e. A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent

question

Assuming the subject matter of a proposed patent is patentable, which of the following criteria must be satisfied in order for a non-design patent to be granted a. The object of the patent must be novel b. The object of the patent must be useful c. The object of the patent must be non-obvious d. The object of the patent must be both novel and non-obvious e. The object of the paten t must be novel, useful, and non-obvious

answer

e. The object of the paten t must be novel, useful, and non-obvious

question

When a patent for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for _______ years from the date of application a. Ten b. Twenty c. Thirty d. Forty e. Fifty

answer

b. Twenty

question

Which of the following is true regarding trade secret protection a. A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade b. A trade secret is protected from unlawful appropriation by competitors for ten years c. A trade secret is protected from unlawful appropriation for twenty years d. A trade secret is protected from unlawful appropriation by competitors for thirty years as long as it is kept secret and consists of elements not generally known in the trade e. A trade secret is protected from unlawful appropriation by competitors for seventy years

answer

a. A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade

question

Which of the following is false regarding trade secret protection a. Competitors may not discover trade secrets by doing reverse engineering b. Competitors may discover secrets by going on public tours of plants and observing the use of the trade secret c. Lawful discovery of a trade secret means there is no longer a trade secret to be protected d. An invention may be considered a trade secret e. A design may be considered a trade secret

answer

a. Competitors may not discover trade secrets by doing reverse engineering

question

Which of the following administers international treaties pertaining to the protection of intellectual property a. The united nations intellectual property association b. The federal intellectual property organization c. The national and world intellectual protection agency d. The world intellectual property organization e. There is no organization or agency with that responsibility

answer

d. The world intellectual property organization

question

Which of the following is the oldest treaty designed to protect artistic rights a. The universal copyright convention of 1952, as revised in 1971 b. The Paris convention of 1883 c. The 1994 agreement of trade-related aspects of intellectual property rights d. The Berne convention of 1886 e. The Geneva convention of 1860

answer

d. The Berne convention of 1886

question

Which of the following was developed by the united nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights, but did not want to agree to the terms of the Berne convention a. The universal copyright convention b. The agreement on trade-related aspects of intellectual property rights c. The Paris convention d. The signatory agreement e. The US-soviet agreement

answer

a. The universal copyright convention

question

Which if the following is a principle of the Paris convention of 1883 a. National treatment b. Nonconditional protection c. Complex treatment d. Enforcement priority e. Treaty affirmation

answer

a. National treatment

question

Which of the following was the result in the case opener involving the lawsuit brought by papa john's international, Inc. against former franchises a. All claims were allowed to proceed except for claims of trademark infringement which were dismissed with prejudice without leave to replead the claim b. All claims were allowed to proceed except for claims of copyright infringement which were dismissed with leave to replead the claim c. All claims were dismissed except for the claims of copyright infringement d. All claims were dismissed e. All claims were allowed to proceed

answer

b. All claims were allowed to proceed except for claims of copyright infringement which were dismissed with leave to replead the claim

question

Sally, a friend of yours who just finished college and was hired at the local high school, wants to copy a number of articles from her class. She heard that you are taking business law and asks if you see any problem with her copying the articles. Based on the case in the text, Princeton university press v. Michigan document services, Inc., what would you tell her a. Under the fair use doctrine she is free to copy the articles because they are for educational purposes b. Under the fair use doctrine she must get permission from all copyright holders before copying the articles c. There are federal classroom guidelines on the issue and that you need to know more before you can advise her d. There are federal classroom guidelines that provide the maximum standards of educational fair use, and she is protected so long as she copies under 200 pages e. There are federal classroom guidelines that provide the maximum standards of educational fair use, and she is protected so long as she copies under 100 pages

answer

c. There are federal classroom guidelines on the issue and that you need to know more before you can advise her

question

In case of the landlord-tenant law, the owner of the property is known as the: a. Lessee b. Lessor c. Bailee d. Bailor

answer

b. Lessor

question

Which of the following statements is true of landlord-tenant relationship a. The actual agreement between landlord and tenant is called bailment b. The landlord retains control and access to the property c. The tenant obtains the title to the land d. The tenant has the right to exclusive possession of the property named in the lease

answer

d. The tenant has the right to exclusive possession of the property named in the lease

question

A periodic-tenancy lease: a. Is created for a specific period of time b. Is also known as term for years c. Is for an indefinite time period d. Does not require the landlord to give any notification to termination

answer

c. Is for an indefinite time period

question

What does "covenant of quiet enjoyment" mean a. It means that the tenant cannot bring an action for possession against the landlord b. It means that the tenant cannot invite guests to stay at the leasehold property c. It means that the landlord has the right to sue the tenant if the tenant is found playing loud music at the leasehold estate d. It means that the landlord promises not to interfere with the tenant's use and enjoyment of the property

answer

d. It means that the landlord promises not to interfere with the tenant's use and enjoyment of the property

question

Lily's landlord Kiara had changed the lock of her apartment keys of the new lock to lily. This is an example of: a. Mortgage b. Adverse possession c. Eviction d. Condemnation

answer

c. Eviction

question

Which of the following statements is true about eviction a. The tenant is released from the obligation to pay rent only in case of full eviction b. In case of eviction, the tenant has no right to sue the landlord for damages c. Eviction occurs when the tenant willfully gives away the possession of the property d. Of the landlord prevents the tenant to enter any part of the premises, a full eviction has occurred

answer

d. Of the landlord prevents the tenant to enter any part of the premises, a full eviction has occurred

question

Rudolf, a tenant, used the garden area of Rhea's (the landlord) property as parking area without her permission, which led to damage of the grass and other plants. It can be said that Rudolph created a: a. Full eviction b. Partial eviction c. Waste d. Constructive eviction

answer

c. Waste

question

_______ can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises a. Rent b. Lease c. Lien d. Price

answer

a. Rent

question

Eva had entered a long term lease agreement with Charles, the landlord. The agreement stated that the rent for the residential property would be $700 per month. However, after a period of 1 year of Eva's stay at the property, Charles increased the rent to $750 per month. It is clear that the agreement consisted of a(n) _______ clause a. Eviction b. Rent escalation c. Landlord's lien d. Rent alteration

answer

b. Rent escalation

question

When will the landlord be liable for injuries on the premises a. When the injuries occur in the common areas like elevators b. Only when the tenant stay in a part of the premises c. When the injury has occurred in the presence of the landlord d. After the tenant has completed one year of stay

answer

a. When the injuries occur in the common areas like elevators

question

Tulip was a tenant at Ron's property. She has taken the ground floor of the property to open a restaurant. Ron resided at the second floor of the property. Meg, a customer at tulip's restaurant, slipped and fell on a wet floor inside the restaurant after entering a room that said "employees only." Who would be responsible for meg's injury a. Tulip b. Ron c. Meg herself d. The employees

answer

c. Meg herself

question

Which of the following statements is true a. A landlord cannot sell the property that has been leased b. On sale of a leased property, the new owner cannot force the tenant to move out of the property c. Even after the sale of the leased property, the old owner remains to be the landlord until your lease agreement expires d. The landlord can transfer possession of the property to a new owner but not the right to receive rent

answer

b. On sale of a leased property, the new owner cannot force the tenant to move out of the property

question

A tenant can transfer his or her interest in the leased property in two ways. They are subleases and: a. Mortgages b. Assignments c. Liens d. Bailments

answer

b. Assignments

question

_______ is a mutual agreement between a landlord and a tenant to terminate the lease a. Eviction b. Surrender c. Forfeiture d. Condemnation

answer

b. Surrender

question

Ryan had taken a commercial property for rent for a period of 5 years. However, after completing 2 years and 2 months, Ryan permanently left the place without informing the landlord and made no further payment of rent. Which of the following would be best to describe this behavior a. Surrender b. Eviction c. Abandonment d. Forfeiture

answer

c. Abandonment

question

If a landlord retains control of and access to property, the relationship is likely not a landlord-tenant relationship because the tenant does not have an exclusive right to possession of the property a. True b. False

answer

a. True

question

If an individual has a history of not paying rent or severely damaging premises, the landlord does not have to enter into an agreement with this person to lease premises a. True b. False

answer

a. True

question

A covenant of quiet enjoyment is one of the covenants made by a lessee a. True b. False

answer

b. False

question

An eviction may only be full, not partial a. True b. False

answer

b. False

question

Rent can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises a. True b. False

answer

a. True

question

Rent ceiling are always illegal a. True b. False

answer

b. False

question

A rent escalation clause is typically found in short-term leases a. True b. False

answer

b. False

question

By federal law, if a tenant vacate prior to the expiration of the lease term, the landlord has no duty to attempt to lease the property to another party a. True b. False

answer

b. False

question

Interference with a tenant's quiet enjoyment of property may be in the form of an eviction a. True b. False

answer

a. True

question

If a landlord accepts surrendered property, the tenant is usually relieved of the rent obligation, and the lease is terminated a. True b. False

answer

a. True

question

In the landlord-tenant relationship, the owner of the property is called the _______ a. Landlord or lessor b. Landlord or lessee c. Holder or lessor d. Holder or lessee e. Holdee or lessee

answer

a. Landlord or lessor

question

In the landlord-tenant relationship, the party who assumes temporary ownership of the property is the _______ a. Tenant or lessor b. Lessor or lessee c. Holder or lessor d. Holder or lessee e. Tenant or lessee

answer

e. Tenant or lessee

question

In the landlord-tenant relationship, the property in question is called the _______ a. Premises b. Leasehold estate c. Occupied property d. Occupied estate e. Controlled area

answer

b. Leasehold estate

question

Which of the following was created by the national conference of commissioners on uniform state laws to create more uniformity among the state laws governing the landlord-tenant relationship a. The uniform leasehold estate act b. The uniform residential and commercial lessor lessee act c. The uniform rental act d. The uniform residential landlord and tenant act e. The uniform household premises rental act

answer

d. The uniform residential landlord and tenant act

question

When must a lease generally be in writing a. Leases must always be in writing in order to be enforceable b. When the lease term exceeds 9 months c. When the lease term exceeds 1 year d. When the lease term exceeds 18 months e. When the lease term exceeds 2 years

answer

c. When the lease term exceeds 1 year

question

Which of the following is a type of lease a. Definite-term b. Period-tenancy c. Tenancy-at-will d. All of the above e. Definite-term and period-tenancy, but not tenancy-at-will

answer

d. All of the above

question

A definite term lease is also known as a(n) a. Limited-term-lease b. Term-for-years c. Applied-term-lease d. Exact-term-lease e. Approved-term-lease

answer

b. Term-for-years

question

A(n) _______ lease automatically expires at the end of the specified term, and the landlord is not required to give any notification of termination a. Allowable-term b. Period-tenancy c. Tenancy-at-will d. Tenancy-at-sufferance e. Definite-term

answer

e. Definite-term

question

A(n) _______ lease is created for a recurring term, such as month to month; and it may last for an indefinite time period a. Allowable-term b. Periodic-tenancy c. Tenancy-at-will d. Tenancy-at-sufferance e. Definite-term

answer

b. Periodic-tenancy

question

Parties to a(n) _______ lease may terminate the lease at any time a. Allowable-term b. Period-tenancy c. Tenancy-at-will d. Tenancy-at-sufferance e. Definite-term

answer

c. Tenancy-at-will

question

If a tenant fails to leave the property after the termination of the lease, a(n) _______ lease is created a. Allowable-term b. Period-tenancy c. Tenancy-at-will d. Tenancy-at-sufferance e. Definite-term

answer

d. Tenancy-at-sufferance

question

Under the fair housing act, a landlord may not discriminate against a prospective tenant with regard to which of the following a. Race, color, sex, religion, national origin, familial status, or age (over 40) b. Race, color, sex, religion, national origin, or familial status c. Race, color, sex, religion, national origin, or age (over 40) d. Race, color, sex, religion, or national origin e. Race, color, sex, national origin, or age (over 40)

answer

b. Race, color, sex, religion, national origin, or familial status

question

The _______ is the promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land a. Promise of tranquility b. Agreement of quiet c. Covenant of quiet enjoyment d. Contract of enjoyment e. Contract of tranquility

answer

c. Covenant of quiet enjoyment

question

A(n) _______ eviction occurs when a landlord physically prevents a tenant from entering leased premises a. True b. Actual c. Constructive d. Absolute e. Legal

answer

b. Actual

question

If leased premises become unsuitable for use because of a landlord's wrongful or omitted act, a(n) _______ eviction has occurred a. True b. Actual c. Constructive d. Absolute e. Legal

answer

c. Constructive

question

Which of the following was the result in the "case opener," the case in the text in which roommates.com was sued for alleged violations of the fair housing act and some California statutes because of its involvement in matching roommates a. That the defendant had no liability to the plaintiffs because of the concept of caveat emptor b. That the defendant had no immunity under the communications decency act c. That the defendant could not be held liable because the fair housing act does not apply to tenants looking for roommates d. That the defendant was enabling discrimination and not entitled to immunity e. That the defendant was liable because it required discrimination in order to use its services

answer

d. That the defendant was enabling discrimination and not entitled to immunity

question

Which of the following is a requirement that leased premises be fit for ordinary residential purposes a. Warranty of residence b. Agreement of acceptability c. Contract of residence d. Warranty of habitability e. Covenant of quiet enjoyment

answer

d. Warranty of habitability

question

Historically, why was a landlord not responsible for ensuring that leased premises were tenantable a. Because judges favored lessors b. Because the standard of living was lower c. Because the landlord was viewed as the more important element being leased d. All of the above e. Because the judges favored lessors and because the standard of living was lower, but not because land was viewed as the more important element being lease

answer

c. Because the landlord was viewed as the more important element being leased

question

Any tenant conduct that causes permanent and substantial injury to the landlord's property is considered a. Trash b. Waste c. Negligence d. Substantial e. Imperative

answer

b. Waste

question

Which of the following identifies areas such as yards, lobbies, elevators, stairs, and hallways that are usually by all tenants a. Accessible areas b. Use areas c. Lessee areas d. Leased areas e. Common areas

answer

e. Common areas

question

Who is responsible for upkeep of common areas a. The lessor b. The lessees c. Both the lessor and the lessee on a 50-50 basis d. The lessor is responsible for the upkeep of all common areas except hallways e. The lessees are responsible for the upkeep of all common areas except hallways

answer

a. The lessor

question

Which of the following is true regarding security deposits a. A security deposit is typically in the amount of one month's rent b. At the expiration of a lease, the landlord is required to return the tenant the security deposit minus any costs for damages caused by the tenant c. At the expiration of a lease, if a landlord retains any portion of the security deposit, the landlord must provide the tenant with a list of the damages d. All of the above e. A security deposit is typically in the amount of one month's rent; and, at the expiration of a lease, the landlord is required to return to the tenant the security deposit minus any costs for damages caused by the tenant; but the landlord is not required to provide the tenant with a list of damages

answer

d. All of the above

question

Which of the following is a clause in a lease agreement allowing the landlord to increase the rent in association with increases in costs of living, property taxes, or the tenant's commercial business a. A rent expense agreement b. A landlord protection clause c. A rent escalation clause d. An inflation clause e. A cost clause

answer

c. A rent escalation clause

question

Which of the following is true regarding landlord liability in England a. For a landlord to be held liable due to negligence, he or she must have created the disputed defect b. Landlords are significantly restrained by common law in terms of their liability to the tenant at the time of letting c. Nuisance is not recognized as an action against landlords d. A landlord is strictly liable for builder created defects e. The law favors protection of tenants

answer

a. For a landlord to be held liable due to negligence, he or she must have created the disputed defect

question

Which of the following references in some states a landlord's right to some or all of the tenant's personal property in the event that a tenant refuses to pay rent a. A landlord's lien b. A landlord's personalty c. A tenant's personalty d. A protection lien e. An eviction lien

answer

a. A landlord's lien

question

Who is generally responsible for injuries that occur in common areas based on negligent upkeep a. The lessees b. The landlord c. Each lessee and the landlord would owe an amount of damages determined by dividing the total damages by the number of lessees plus the landlord d. The landlord would owe half of the damages and the lessees would split the other half e. The landlord is responsible for

answer

b. The landlord

question

Which of the following is false regarding the liability of a landlord a. If an injury occurs on residential premises because of a condition that the landlord knew or should have known about, the landlord can be held responsible for the injury b. If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition, the landlord will be responsible for any resulting injury c. If the landlord is aware of a dangerous condition but hides the condition from the tenant, the landlord will be responsible for any resulting injury d. If premises are used for commercial purposes, the landlord has a responsibility to ensure that the premises are in a reasonably good condition before the tenant takes control of the property e. If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises

answer

e. If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises

question

Which of the following sets forth the duties of a tenant in regard to injuries to those on the premises a. The tenant owes no duty because upkeep is the responsibility of the landlord b. The tenant owes a duty to keep premises under which he or she is in control and to which visitors are permitted to visit in a reasonably safe condition only for customers, not for social guests c. A tenant owes a duty to keep premises under which he or she is in control and to which visitors are permitted to visit in a reasonably safe condition only for social guests, not for customers d. A tenant owes a duty to keep all premises under which he or she is in control in a reasonably safe condition regardless of whether visitors are permitted in the area e. A tenant owes a duty to keep premises under which he or she is in control in a reasonably safe condition

answer

e. A tenant owes a duty to keep premises under which he or she is in control in a reasonably safe condition

question

Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease a. Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property b. Unless prohibited by the lease agreement, the tenant may transfer his or her interest in the property, but the interest of the landlord may not be transferred c. Unless prohibited by the lease agreement, the landlord may transfer his or her interest in the property, but the interest of the tenant may not be transferred d. If the lease is silent on the matter, neither the landlord nor the tenant may transfer his or her respective interests in the property e. Only if the lease is for a period of one year or more may both the landlord and the tenant transfer their respective interests in the property unless prohibited by the lease agreement

answer

a. Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property

question

Bob leases an apartment from Brenda and pays rent of two months in advance, plus a damage deposit. Unfortunately, when he attempts to move in, he finds that Connie is living in the apartment. Connie tells him that Brenda had no right to ask her to leave and that she is staying put. Which of the following is true assuming that Connie has no legal right to occupy the premises a. In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant b. In a majority of states, the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves c. In a majority of states, bob and Brenda would have to split any costs involved in removing Connie from the premises d. In a majority of states, bob would be requires to initiate legal action to remove Connie, but she would be entitle to reimbursement from bob e. In a majority of states, bob could have Brenda put in jail if she did not have Connie removed within 30 days

answer

a. In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant

question

Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster and is not the fault of the landlord a. The lessee must continue paying rent until the premises are either rebuilt or the lease expire, but the landlord has a duty to act with reasonable speed in rebuilding he premises b. The tenant is released from paying rent and the lease is terminated. Unless the landlord could have prevented the disaster, the landlord generally has no duty to restore or repair c. The lessee must continue paying rent and rebuilding the premises in the responsibility of the tenant if the tenant wishes to do so d. The lessee is excused from further rent payments until the premises are rebuilt, and the landlord has a duty to act with reasonable speed in rebuilding the premises e. The lessee must continue paying half the rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises

answer

b. The tenant is released from paying rent and the lease is terminated. Unless the landlord could have prevented the disaster, the landlord generally has no duty to restore or repair

question

Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease a. Forfeiture b. Violation c. Refusal d. Negation e. Surrender

answer

a. Forfeiture

question

Which of the following references the ending of a lease before its stated tern by mutual agreement between the lessor and the lessee a. Forfeiture b. Negation c. Surrender d. Refusal e. Abandonment

answer

c. Surrender

question

Which of the following occurs if a tenant moves out of lease premises before the end of the term, has no intent to return, and had defaulted on rent payments a. Forfeiture b. Negation c. Surrender d. Refusal e. Abandonment

answer

e. Abandonment

Acct 324 – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards