Question 1

The best definition of strict liability is

Accepted Answer

liability without fault

Question 2

The modern concept of strict liability traces its origins, in part, to what famous English case?

Accepted Answer

Rylands v. Fletcher

Question 3

True/False: Today, the doctrine of strict liability has NOT yet been accepted in America.

Accepted Answer

False

Question 4

True/False: Exon owned a gas station in Virginia that had five underground storage tanks that were not properly maintained. ABC, Inc., buys the property and discovers gasoline contamination of the soil. ABC sues, contending that Exon should be held strictly liable for cleaning up. ABC will prevail.

Accepted Answer

False

Question 5

What is the one area in the list below in which manufacturers do NOT have to use due care?

Accepted Answer

Using adequate test marketing

Question 6

True/False: Privity of contract refers to the relationship that exists between the parties to a contract.

Accepted Answer

True

Question 7

True/False: Privity of contract is required when a person injured by a defective product sues the manufacturer or seller.

Accepted Answer

False

Question 8

True/False: When a user or customer is injured because of fraudulent misrepresentation, the basis of liability may be the tort of fraud.

Accepted Answer

True

Question 9

The landmark case in strict product liability was:

Accepted Answer

Greenman v. Yuba Power Products, Inc.

Question 10

The doctrine of strict product liability does NOT apply to which of the following?

Accepted Answer

advertising agencies

Question 11

True/False: In a strict product liability lawsuit, the product must be in a defective condition when the defendant sells it.

Accepted Answer

True

Question 12

True/False: In a strict product liability lawsuit, the plaintiff has to show why or in what manner the product became defective.

Accepted Answer

False

Question 13

Because many products cannot be made 100 percent safe for all uses, sellers are only liable for products that are.....

Accepted Answer

unreasonably dangerous

Question 14

Jake buys and uses a large broom. The handle breaks while in use but does not harm Jake. Therefore, he can sue under the doctrine of strict product liability and win:

Accepted Answer

he cannot sue because he did not incur physical harm

Question 15

Jake\'s son unscrews the broom handle and uses it to load gunpowder into a small cannon. The broom handle breaks and injures the boy. Why can\'t Jake sue the broom manufacturer?

Accepted Answer

Because the broom handle was substantially changed from its initial purpose.

Question 16

True/False: When a manufacturer argues that it engaged in reasonable quality control efforts, that argument will act as a sufficient defense in a strict product liability lawsuit.

Accepted Answer

False

Question 17

some of the requirements for strict product liability:

Accepted Answer

1. a reasonable alternative design was available.  2. The defendant\'s failure to adopt the alternative design rendered the product not reasonably safe.

Question 18

What occurs when courts look at the risk of harm from a product as designed compared to the utility to the user and to the public?

Accepted Answer

risk-utility analysis

Question 19

Gunter installs a large glass door in his house and then runs into it, breaking his nose. Gunter sues the manufacturer because he was not warned about the possibility of such an injury. Will Gunter prevail in his lawsuit?

Accepted Answer

No, because everyone knows that glass doors can be run into and therefore the manufacturer does not have to provide such a warning.

Question 20

True/False: Haslo, Inc. manufactures outdoor games for children ages 10 to 12. Any warnings placed on the games should be bright, bold, and presented on simple labels.

Accepted Answer

True

Question 21

There is no _______ to warn about risks that are commonly known.

Accepted Answer

duty

Question 22

A seller must warn those who purchase its product of the harm that can result from the ___________________ misuse of the product.

Accepted Answer

foreseeable

Question 23

Courts apply a ___________________ tests to determine if the warnings adequately alert consumers of the product\'s risks.

Accepted Answer

reasonableness

Question 24

True/False: Market share liability is a theory used to require that an injury was caused by a specific defendant.

Accepted Answer

False

Question 25

True/False: The doctrine of strict product liability applies to suppliers of component parts.

Accepted Answer

True

Question 26

One good defense against strict product liability is that

Accepted Answer

the goods were altered after they were sold

Question 27

Halogenics, Inc., manufactures a medical device that is heavily regulated by the government and has to undergo a rigorous pre-market approval process. Halogenics can use the following defense if it is sued:

Accepted Answer

Preemption

Question 28

True/False: Sometimes the defense of assumption of risk may work in a product liability action.

Accepted Answer

True

Question 29

Monsanto sends out registered letters, e-mails, and places ads in local newspapers where it sold a defective weed killer. Huntington knows of the recall but ignores it, applies the weed killer to his crops, and suffers damages. Which defense can Monsanto use at trial?

Accepted Answer

assumption of risk

Question 30

True/False: Product misuse obviously occurs when a product is used for a purpose other than what it was intended for. The courts recognize this defense in almost all lawsuits today.

Accepted Answer

False

Question 31

True/False: When the defense of comparative negligence is successful at trial, it completely absolves the defendant of liability.

Accepted Answer

False

Question 32

Why can\'t you sue the manufacturer when a sharp knife cuts you?

Accepted Answer

Because there is a commonly known danger of cutting oneself when using a knife.

Question 33

True/False: Individuals who frequently buy and consume supersized portions of food will not succeed in lawsuits against the manufacturers if they become overweight.

Accepted Answer

True

Question 34

True/False: Statutes of repose often allow for unlimited liability for manufacturers of defective products, no matter how far in the past.

Accepted Answer

False

Question 35

In product liability suits, statutes of limitations normally are set by

Accepted Answer

state law

Question 36

True/False: In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which effectively eliminated unsolicited emails.

Accepted Answer

False

Question 37

Which of the following activities is NOT prohibited by the CAN-SPAM Act?

Accepted Answer

Sending junk mail via the USPS.

Question 38

Because the federal CAN-SPAM Act only applied to e-mails originating in the United States, Congress enacted the

Accepted Answer

U.S. Safe Web Act

Question 39

Because you are suspected of sending out bulk unsolicited e-mail advertisements, your Internet service provider is asked by the FTC to supply information on what you do in foreign jurisdictions. Will you succeed in a lawsuit against your Internet service provider for illegally providing such information to the FTC?

Accepted Answer

No, because the U.S. Safe Web Act provides immunity to the ISP from liability for such action.

Question 40

Loss of __________________ occurs when another party uses a domain name similar to yours

Accepted Answer

goodwill

Question 41

Typosquatting

Accepted Answer

The act of buying domain names that are similar to well-known domains, except for slight misspellings.

Question 42

Cybersquatting

Accepted Answer

The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.

Question 43

True/False: Using another\'s trademark in a meta tag will normally constitute trademark infringement.

Accepted Answer

True

Question 44

True/False: Similar to trademark infringement, a claim of trademark dilution in the online world requires proof that consumers will likely be confused by a connection between the unauthorized use and the mark.

Accepted Answer

False

Question 45

Alchin pays for and downloads a new exercise app on his smartphone. He believes that because he paid for it, he can legally make copies and sell them to his friends at the gym. He is wrong because:

Accepted Answer

he only obtained a license to use, not ownership of the app

Question 46

True/False: There are only criminal penalties for copyright violations of online materials if the copies are made purely for financial gain

Accepted Answer

False

Question 47

What was passed to give significant protection to owners of copyrights in digital information?

Accepted Answer

Digital Millennium Copyright Act

Question 48

Distributed Network

Accepted Answer

A network that can be used by person located (distributed) around the country or the globe to share computer files.

Question 49

Cloud Computing

Accepted Answer

The delivery to users of on-demand services from third-party servers over a network. Cloud computing is a delivery model.

Question 50

Peer-to-peer (P2P) Networking

Accepted Answer

The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server.

Question 51

One of the major reasons that music labels have suffered declines in their revenues and profits is that:

Accepted Answer

most stored music files are shared for free

Question 52

True/False: Illegal file sharing of movies will cause sales of DVDs and Blu-Ray discs to decline.

Accepted Answer

True

Question 53

Social media posts that contain _______________________________ typically infringe the intellectual property of others.

Accepted Answer

trademark images and copyrighted materials

Question 54

Why would social media posts be included in discovery and litigation?

Accepted Answer

They may establish a person\'s intent or what he or she knew at a particular time.

Question 55

The Electronic Communications Privacy Act does NOT prohibit which one of the following:

Accepted Answer

The sending out of multiple e-mails

Question 56

True/False: The business-extension exception to the Electronic Communications Privacy Act permits employers to monitor employees\' personal communications.

Accepted Answer

False

Question 57

Which act prevents cellphone companies and social media networks from divulging private communications to certain entities and individuals?

Accepted Answer

The Stored Communications Act

Question 58

True/False: Cyber torts include online defamation.

Accepted Answer

True

Question 59

True/False: Posting negative comments about other individuals on your social media is protected speech.

Accepted Answer

False

Question 60

One of the major problems in pursuing an online defamation claim is that:

Accepted Answer

discovering the identity of the person who posted the defamation is often extremely difficult

Question 61

Hobbs owns a small Internet service provider and is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court?

Accepted Answer

No, because the Communication Decency Act treats Internet service providers differently from print providers.

Question 62

Which agency investigates consumer complaints of privacy violations?

Accepted Answer

The Federal Trade Commission

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