Business Law 231 Test 2

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80 terms · B-Law Test 2

To commit an intentional tort, a person must intend the consequences of his or her act or know with substantial certainty that certainly consequences will result.

True

A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assault.

False

A defamatory statement must be communicated to a third party to be actionable.

True

Puffery is fraud.

False

Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.

True

An ordinary person standard determines wether allegedly negligent conduct resulted in a breach of duty of care.

False

Malicious prosecution occurs when a party files a suit out of malice, with or without probable cause.

False

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

False

An internet service provider is not normally liable for its users' defamatory remarks.

True

A wrongful act need not actually be the cause of an injury for liability on a theory of negligence.

False

Driving a car negligently, Nick crashes into a phone pole. The pole falls, smashing through the roof of a house, killing Odell. But for Nick's negligence, Odell would not have died. Regarding the death, the crash is the....

Cause in fact.

To protect its customers and other business invitees, Grocers Market must warn them of...

hidden dangers

Erv, an engineer, supervises the construction of a new house. When the house collapses due to faulty construction, the injured parties sue Fran. As a professional, Erv is held to the same standard of care as...

Other engineers

Gil sends a letter to Holly in which he falsely accuses her of embezzling. This is defamation only if the letter is read by...

Any third person

Nina in injured in a truck accident and sues Opal, alleging negligence. Opal claims that Nina was driving carelessly. Comparative negligence may reduce Nina's recovery...

Even if Nina was only slightly at fault.

Online company (OC) is an internet service provider. Publicity Unlimited, Inc. (PU), spams OC's customers, some of whom then cancel OC's services. PU is most likely liable for...

trespass to personal property.

Fred drives across Gail's land. This is a trespass to land only if...

Fred does not have Gail's permission to drive on her land.

Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, may use...

force that is reasonably necessary.

Ron acuses Sam of fraud. Normally, the reliance that gives rise to fraud is based on a statement of...

Fact.

Moe, a wholesale dairy products salesperson, follows Nat, another wholesale dairy products salesperson, as he contacts his customers. Moe solicits each of Nat's customers. Moe is most likely liable for...

wrongful interference with a business relationship.

Strict liability is imposed for reasons other than fault.

True

One requirement for a suit based on strict liability is the defendant's intent to affect certain results.

False

One requirement for a suit based on strict product liability is that a product must not be in a defective condition when it is sold.

False

The doctrine of strict liability applies only to abnormally dangerous activities.

False

Privity of contract is required to bring a product liability suit based on negligence.

False

One requirement for a suit based on strict product liability is a failure to exercise due care.

False

In many states, the plaintiff's negligence is a possible defense in a strict product liability suit.

True

Product liability is imposed only if a defect in a product's design or manufacture causes an injury.

False

A manufacturer has a duty to warn about risks that are obvious or commonly known.

False

Assumption of risk can be a defense in a product liability suit.

True

A bridge's design is defective and soon after completion it begins to sway in the wind. Everyone stays off, except Carl, who wants to show off. Carl falls from the bridge and sues its maker, who can rise the defense of...

assumption risk

Kitchen products, Inc. (KPI), makes knifes and other utensils. Jay is injured while using a KPI knife, and sues the maker for product liability based on negligence. KPI could successfully defend against the suit by showing that...

Jay's injury resulted from a commonly known danger.

Standard Tools, Inc., makes and sells tools. Tina is injured as a result of using a Standard tool. Tina sures Standard for a product liability based on strict liability, To succeed, Tina must prove that Standard...

none of these choices

Yard Work, Inc., makes and sells garden tools. Under the Restatement (second) of Torts, a tool could be unreasonably dangerous...

if, in making the tool Yard Work failed to use a less dangerous but economically feasible alternative or if the tool is dangerous beyond the ordinary consumer's expectation.

Fiona is in Glen's Grocery Store when a bottle of Hi Cola on a nearby shelf explodes, injuring her. She can recover from the manufacturer of Hi Cola only if she can show that...

she was injured due to a defect in the product.

Video, Inc., designs and manufacturers DVD players. in a product liability suit based on negligence, Video could be liable for violating its duty of care with respect to a player's...

design or manufacture.

Gears, Inc., makes bicycles. Hope is injured while riding a Gears bike and files a suit against the maker for product liability based on misrepresentation. To succeed, Hope must show that..

Gears misrepresented a material fact regarding the bike, on which Hope relied.

Implosive Mining Company engages in blasting operations. This is subject to strict liability because...

blasting is a dangerous activity

Roadway Construction, Inc., uses dynamite in its projects. Sven stores household chemicals in the garage. Most likely liable for any injury caused by an abnormally dangerous activity is...

Roadway only.

Cliff owns Destruction Corporation (DC), a demolition company. A demolition by a DC crew injures Eli, a passerby. Under the doctrine of strict liability, Cliff must pay for Eli's injury...

weather or not the DC crew was at fault.

Only the Government prosecutes criminal defendants.

True

A crime punishable by imprisonment is a felony.

False

Burglary involves taking another's personal property from his or her person or immediate presence.

False

Embezzlement requires physically taking property for another's possession.

False

Stealing a computer program is larceny.

True

Offering a bribe is only one element of the crime of bribery.

False

Receiving stolen goods is a crime only if the recipient knows the true owner.

False

Generally, a person is not responsible for a criminal act if, as a result of a mental defect, he or she lacked substantial capacity.

True

A person who accesses a computer online, without authorization, to obtain protected data commits a federal crime.

True

RICO is often used to prosecute acts classified as white-collar crimes.

True

Carl wrongfully takes a box from a Delta, Inc., shipping container, puts it in his truck, drives away. This is...

Larceny

Nora is charged iwht the commission of a crime. For a conviction, most crimes require...

a specified state of mind or intent.

Owen signs Pat's name, without her consent, to the back of a check payable to Owen. This is...

forgery.

Ron, a bank teller, deposits into his account checks that bank customers give to him to deposit into their accounts. This is...

embezzlement.

Jay is charged with the commission of a crime. For a conviction, the standard to find Jay guilty is....

beyond a reasonable doubt.

Nick is charged with the crime of mail fraud. for a conviction, Nick must be found to have had...

had a scheme to defraud and used to mails.

Sy, a government agent, arrests Trudy for the commission of a crime. Trudy claims that Sy entrapped her. This is a valid defense of Sy...

Pressured Trudy into committing the crime.

John is arrested on suspicion of the commission of a crime. Individuals who are arrested must be told of their right to...

remain silent.

While away from her business, Madison is arrested on the suspicion of the commission of a crime. At madison's trial, under the exclusionary rule...

illegally obtained evidence must be excluded from admission as evidence.

Elke is arrested on suspicion of the commission of a crime. A grand jury issues a formal charge against Elke. This is...

an information.

To obtain a patent, an applicant must show that an invention is genuine, novel, useful, and not obvious in light of current technology.

True

To obtain a copyright, an author must show that a work is genuine, novel, useful, and not a copy of a current copyrighted work.

False

In determining wether the use of a copyrighted work is infringement under the fair use doctrine, one factor is the effect of that use on the market for the work.

True

A personal name is protected under trademark law if it acquires a secondary meaning.

True

A formula for a chemical compound is not a trade secret.

False

A trade name, like a trademark, can be registered with the federal government.

False

A copy must be exactly the same as an original work to infringe on its copyright.

False

Only the intentional use of another's trademark can be trademark infringement.

False

Using another's trademark in a domain name without permission violates federal law.

True

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark.

False

The graphics used in "Grave Robbers," a computer game, are protected by ...

Copyright Law

Omega, Inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega...

can register the mark for protection.

Production techniques used to make "Grave Robbers," a computer game, are protected by...

Trade secrets law.

Tech Corporations uses USA, Inc.'s trademark in Tech's ads without USA's permission. this is...

trademark infringement.

Zena invents a new type of light bulb and applies for a patent. If Zena is granted a patent, the invention will be protected...

for 20 years.

Meta, Inc., makes computer chips identical to Micro corporation's patented chip, except for slight differences in the "look," without Micro's permission. This is...

patent infringement.

Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is...

a collective mark.

Tony owns "Tonio's" and, without Tony's consent, uses "toniosincalifornia" as part of the URL for the chain's Web site. This is...

none of the choices.

Data Corporation created and sells "Economix," financial computer software. Data's copyright in Economix is best protected under...

the TRIPS Agreement.

National Media, Inc. (NMI), publishes Opinion magazine, which contains an article by Paula. Without her permission, NMI puts the article into an online database. This is...

copyright infringement.

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