question

(True or False) The need to protect intellectual property is recognized in the Declaration of Independence.

answer

False

question

(True or False) A patent and a copyright are examples of intellectual property, but a trademark is not an example of intellectual property.

answer

False

question

(True or False) A beverage company that competes with Coca-Cola Company cannot call its products "Koke."

answer

True

question

(True or False) The 1995 Federal Trademark Dilution Act allowed trademark owners to bring suit in federal court for trademark dilution.

answer

True

question

(True or False) A trademark can be diluted by the use of a similar mark.

answer

True

question

(True or False) A trademark does not need to be registered to support a trademark infringement action.

answer

True

question

(True or False) The states and the federal government provide for registration of trademarks.

answer

True

question

(True or False) A fanciful use of ordinary words may be trademarked.

answer

True

question

(True or False) A suggestive use of ordinary words may be trademarked.

answer

True

question

(True or False) A generic term is not protected under trademark law unless it acquires a secondary meaning.

answer

False

question

(True or False) A service mark distinguishes products used, or "put into service," by the government.

answer

False

question

(True or False) A certification mark distinguishes products approved, or "certified," by the government.

answer

False

question

(True or False) It is estimated that over 70 percent of the goods imported to the United States are counterfeit.

answer

False

question

(True or False) Trade names have the same legal protection as trademarks.

answer

True

question

(True or False) A trade name can be protected if it is unusual or fanciful.

answer

True

question

(True or False) A license permits the use of another's intellectual property for certain limited purposes.

answer

True

question

(True or False) The owner of intellectual property may put restrictions on the use of the intellectual property in a license agreement.

answer

True

question

(True or False) By using another's trademark, a business could lead consumers to believe that its goods were made by the other business.

answer

True

question

(True or False) To be patentable, an invention, discovery, or design must be novel, useful and not obvious in light of current technology.

answer

True

question

(True or False) Patent infringement is a tort.

answer

True

question

(True or False) Foreign firms cannot obtain U.S. patent protection on items that they sell in the United States.

answer

False

question

(True or False) Copyright protection is automatic—registration is not required.

answer

True

question

(True or False) It is possible to copyright an idea.

answer

False

question

(True or False) A copyright owner must place a © or an ® on the work to have the work protected from copyright infringement.

answer

False

question

(True or False) A copy does not need to be exactly the same as the original to infringe a copyright.

answer

True

question

(True or False) A person who buys a copyrighted work cannot sell it to someone else.

answer

False

question

(True or False) A marketing technique can be a trade secret.

answer

True

question

(True or False) A customer list is not a trade secret.

answer

False

question

(True or False) Pricing information is not a trade secret.

answer

False

question

(True or False) Information that is not or cannot be protected under trademark, patent, or copyright law may be protected under the law of trade secrets.

answer

True

question

(True or False) Anyone who writes a book has automatic international copyright protection.

answer

False

question

(True or False) Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

answer

True

question

(True or False) The TRIPS agreement established standards for the international protection of intellectual property rights for computer programs.

answer

True

question

(True or False) In the European Union, the period of royalty protection for musicians is seventy years.

answer

True

question

(True or False) The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and to pirated copyrighted works being distributed via the Internet.

answer

True

question

(True or False) A crime can be committed only against persons.

answer

False

question

(True or False) Criminal law spells out the duties that exist between persons or between citizens and their governments.

answer

False

question

(True or False) Public officials prosecute criminal defendants.

answer

True

question

(True or False) A criminal case must be proved beyond a reasonable doubt.

answer

True

question

(True or False) One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

answer

True

question

(True or False) The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to another.

answer

False

question

(True or False) Corporations, like persons, can be liable for crimes.

answer

True

question

(True or False) Larceny relies on fear and force.

answer

False

question

(True or False) Picking pockets is larceny.

answer

True

question

(True or False) Counterfeiting is robbery.

answer

False

question

(True or False) Falsifying public records is forgery.

answer

True

question

(True or False) A bank employee stealing funds from a client is an example of embezzlement.

answer

True

question

(True or False) Crimes occurring in a business context are popularly referred to as white-collar crime.

answer

True

question

(True or False) Embezzlement can be committed only by physically taking property from the possession of another.

answer

False

question

(True or False) It is not a crime to defraud the public through the use of ads on television.

answer

False

question

(True or False) The crime of bribery occurs when the bribe is offered.

answer

True

question

(True or False) Bribing foreign officials to obtain favorable business contracts is not a crime.

answer

False

question

(True or False) Divestiture of a business interest is a possible penalty under RICO.

answer

True

question

(True or False) In some states, misdemeanors are punishable by imprisonment for up to ten years.

answer

False

question

(True or False) Felonies are punishable by imprisonment for more than a year or death.

answer

True

question

(True or False) Someone suffering from a mental illness may be incapable of the state of mind to commit a crime.

answer

True

question

(True or False) Ordinarily, "ignorance of the law" is a valid defense to criminal liability.

answer

False

question

(True or False) Most crimes must be prosecuted within a certain number of years after the crimes occur.

answer

True

question

(True or False) There is at least one circumstance in which a person cannot refuse to testify on Fifth Amendment grounds.

answer

True

question

(True or False) Constitutional safeguards protect the rights of individuals against federal government actions.

answer

True

question

(True or False) Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted.

answer

False

question

(True or False) A suspect cannot be tried twice in the same court for the same crime.

answer

True

question

(True or False) Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.

answer

True

question

(True or False) The purpose of the exclusionary rule is to deter police from misconduct.

answer

False

question

(True or False) Under the exclusionary rule, all evidence must be included in a criminal prosecution.

answer

False

question

(True or False) Individuals who are arrested must be informed of certain constitutional rights.

answer

True

question

(True or False) All persons who are arrested have the constitutional right to remain silent.

answer

True

question

(True or False) Any criminal activity occurring via a computer in the virtual community of the Internet is a cyber crime.

answer

True

question

(True or False) Identity theft occurs when a wrongdoer steals another's form of identification and uses it to access the victim's financial resources.

answer

True

question

(True or False) A hacker is someone who uses one computer to break into another.

answer

True

question

(True or False) The bases of all torts are wrongs and compensation.

answer

True

question

(True or False) The purpose of tort law is to provide remedies for the violation of various protected interests.

answer

True

question

(True or False) The most widely used defense in negligence actions is comparative negligence.

answer

True

question

(True or False) To commit an intentional tort, one person must intend to harm a certain person.

answer

False

question

(True or False) For a tort to be considered intentional, the tortfeasor must have an evil or harmful motive.

answer

False

question

(True or False) A common defense to intentional torts against persons is consent.

answer

False

question

(True or False) Intentional torts result from the breach of a duty to act reasonably (fault without intent).

answer

False

question

(True or False) False imprisonment occurs when a person restrains another intentionally and without justification.

answer

True

question

(True or False) A party cannot recover damages for severe emotional distress absent a show¬ing of physical injury.

answer

True

question

(True or False) One person's use of another's name without permission is defamation.

answer

False

question

(True or False) Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation.

answer

False

question

(True or False) The public disclosure of private facts about a person is an invasion of privacy.

answer

True

question

(True or False) The use of a person's likeness for commercial purposes without permission is an invasion of privacy.

answer

True

question

(True or False) Fraud occurs only when there is reliance on a statement of opinion.

answer

False

question

(True or False) Any lawful contract can potentially form the basis for an action based on wrongful in¬terference with a contractual relationship.

answer

True

question

(True or False) The courts do not consider legitimate competitive behavior permissible if it results in the breaking of a contract.

answer

True

question

(True or False) If it can be shown that a trespass to land was warranted, a complete defense exists.

answer

True

question

(True or False) Wrongfully taking personal property without the owner's permission is conversion.

answer

True

question

(True or False) A failure to return personal property is disparagement of property even if the rightful owner consented to the initial taking.

answer

False

question

(True or False) Disparagement of property is another term for slander of quality.

answer

True

question

(True or False) Failure to live up to a standard of care may be an act or an omission.

answer

True

question

(True or False) To determine whether a duty of care has been breached, a judge asks how a reasonable person would have acted in the same circumstances.

answer

True

question

(True or False) Under the theory of negligence, the duty of care requires a careless act.

answer

False

question

(True or False) To avoid liability for negligence, a business owner must protect its pa-trons against all risks.

answer

False

question

(True or False) Some risks are obvious but that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm.

answer

True

question

(True or False) Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.

answer

True

question

(True or False) Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

answer

True

question

(True or False) If no harm results from an allegedly negligent act, there is no liability.

answer

True

question

(True or False) Self-defense is a defense to negligence.

answer

False

question

(True or False) An assumption of risk defense does not require that a risk be voluntarily assumed.

answer

False

question

(True or False) Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration.

answer

False

question

(True or False) Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to that individual.

answer

False

question

(True or False) Under a dram shop act, liability can be imposed without proof of negligence.

answer

True

question

(True or False) The extreme risk of an activity is a defense against imposing strict liability.

answer

False

question

(True or False) Persons who keep wild animals are strictly liable for any harm inflicted by the animals.

answer

True

question

(True or False) Like statutory law, administrative law is created by legislatures.

answer

False

question

(True or False) Federal executive agencies are outside the federal executive departments.

answer

False

question

(True or False) Independent regulatory agencies include the cabinet departments of the executive branch.

answer

False

question

(True or False) State regulation, when not preempted, may cover many of the same activities as federal regulation.

answer

True

question

(True or False) By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.

answer

False

question

(True or False) Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

answer

False

question

(True or False) Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

answer

False

question

(True or False) Interpretive rules simply declare policy and do not affect legal rights or obligations.

answer

True

question

(True or False) An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

answer

True

question

(True or False) A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

answer

True

question

(True or False) Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

answer

False

question

(True or False) There is a precise definition of what makes an administrative rule arbitrary and capricious.

answer

False

question

(True or False) A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

answer

True

question

(True or False) Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies.

answer

False

question

(True or False) Unlike those who violate statutes, violators of agency rules are not punished.

answer

False

question

(True or False) The Administrative Procedure Act does not apply to a particular agency procedure.

answer

False

question

(True or False) The period for persons to comment on a proposed administrative rule must be at least thirty days.

answer

True

question

(True or False) Only experts can submit comments on a proposed administrative rule.

answer

False

question

(True or False) Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

answer

False

question

(True or False) Final administrative rules have binding legal effect unless the courts later overturn them.

answer

True

question

(True or False) Often, an administrative agency itself enforces its rules.

answer

True

question

(True or False) If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

answer

False

question

(True or False) Administrative agencies can conduct warrantless searches in some situations.

answer

True

question

(True or False) In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

answer

False

question

(True or False) Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

answer

True

question

(True or False) Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

answer

True

question

(True or False) An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

answer

False

question

(True or False) If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

answer

False

question

(True or False) If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

answer

True

question

(True or False) All federal government agencies must make their records available electronically on the Internet.

answer

True

question

(True or False) The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

answer

False

question

(True or False) Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

answer

False

question

(True or False) The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

answer

True

question

(True or False) Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

answer

True

question

(True or False) An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

answer

False

Blololol – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards