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Final Study CH. 1

Defamation involves wrongfully hurting a persons good reputation


Crimes occurring in a business context are popularly referred to as blue-collar crime


"Stealing" computer data is not a crime unless the data is altered or erased


A service mark is used to distinguish products produced by the federal government from those produced by private corporations.


Publishing false information about another's product is trade libel.


The jurisdiction of a state court of appeal is largely limited to hearing appeals.


A person may commit an intentional tort if he or she acts knowing with substantial certainty that certain consequences will result.


The First Amendment protects obscene speech.


A battery occurs only if the victim suffers actual physical harm.


Only public officials prosecute criminal defendants.


A restriction on commercial speech that implements a substantial government interest may be valid.


Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.


An unauthorized scan of a bank account cannot be an invasion of privacy


Intentionally taking and distributing pirated, copyrighted works to others is a crime.


The function of the courts is to interpret and apply the law.


In Case 5.1, The Coca-Cola Co. v. The Koke Co. of America, when the Koke Company of America marketed its cola product under the name "Koke," it infringed the Coca-Cola Company's


Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute

imposes a substantial burden on interstate commerce.

Clyde enters the Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks

normally associated with the Decathlon.

Jay is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without

the use of force of fear.

Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is


Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when

Mona offered the bribe.

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

force that is reasonably necessary.

Pekabou Corporation hacks into Qualita Data Company's computers and downloads confidential business data. There is no contract between Pekabou and Qualita regarding the data. This is

trade secrets theft.

Dian, a U.S. citizen, is the owner of Elemental Foods, Inc. The Bill of Rights embodies a series of protections for Dian against various types of interference by

the government only.

The graphics used in "Go!," a handheld computer game featuring racecars, are protected by

copyright law.

Ohio enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the First Amendment.

In Ed's suit against First National Bank, the discovery phase would include all of the following except

Ed's complaint.

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

the causation in fact and the proximate cause of the injury.

The "common law" is referred to as the common law because

it was more or less uniform throughout England.

A state statute requires machinery in food processing plants to include automatic shut-off switches that are accessible to each employee working on the machine. Fruit Company's (FC's) equipment does not have the switches. Greg, an FC employee, suffers an injury that an accessible shut-off switch would have prevented. Greg's best ground for recovery is that FC committed

negligence per se.

Don files a suit against Eager Sales, Inc., in a Florida state court based on a Web site through which Florida residents can do business with Eager. The court will likely exercise jurisdiction over Eager if the interactivity of the site is seen as

a "substantial" connection with the state.

Household Furnishings, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States that substantially affects interstate commerce

Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase

is generic

Eve owns First-Rate Salvage, a demolition company. A demolition by a First-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eve must pay for Glen's injury

whether or not the First-Rate crew was at fault.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of


Harry, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Harry must be informed of his right to

remain silent.

Voters in North Carolina approve a new state constitution, after which the Ocean City Council passes new ordinances, the North Carolina Department of Parks and Recreation issues new rules, and the Ocean City Chamber of Commerce sends out new instructions. Sources of law do not include

instructions issued by the Ocean City Chamber of Commerce.

Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to

one year.

Barb allows Candy to enter Barb's warehouse and take a DVD player. Charged with theft, Candy can successfully claim, as a defense,


Emergent Power Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

significant protection.

Ben wrongfully takes an unopened carton from a City Warehouse loading dock, puts the carton in his car, and drives away. A person who wrongfully or fraudulently takes and carries away another's personal property is guilty of


Lara is indicted for a crime. Mac, the arresting officer, advises Lara of her right to counsel. Lara waives the right and confesses to the crime. Later, Lara claims that her confession should be excluded as evidence from her trial. The statement will most likely be

admitted because Lara made it after being advised of her rights.

Louie files a suit against Myra for assault and battery. Myra can raise the defense of property as a defense to the charge of

assault or battery

To protect its customers and other business invitees, Supreme Retail Corporation must warn them of

concealed dangers

In 2009, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid

if it directly advances a substantial government interest but goes no further than necessary.

Xtreme Publications, Inc., disseminates obscene materials. Under numerous state and federal statutes, this is

a crime

Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she

represents as a fact something that she knows is untrue.

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has committed

copyright infringement.

Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for

a federal district court to exercise original jurisdiction.

Gary is standing on a defective stool when it collapses, causing Gary to fall and suffer an injury. Gary files a suit against Interstate Stools, Inc., the manufacturer. A significant application of the doctrine of strict liability is in the area of

product liability.

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