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Business Law

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disparagement
1.
Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.
by providing protection for patented inventions from infringement
How do patent laws help an inventor?
Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.
Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true of this situation?
Patents have a limited term period, while copyrights carry lifelong terms.
How is a copyright different from a patent?
obtain an injunction prohibiting the offender from divulging the trade secret
Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also ________.
defect in manufacture
Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?
money laundering
Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. He stashes away most of this drug money in personal lockers. In order to make it look like he earned it legitimately, Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings. The crooks are then paid a small amount for their services.
What crime is Richard committing in converting his drug money to alleged legal money?
Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability.
Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitles to?
negligence
Diane bought an action figure for her son David from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?
All of the products are defectively designed and have the potential to cause injury.
Which of the following statements is true when there is a defect in design of a product?
Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property.
Which of the following is true about the duty of care?
They can claim that the product was abnormally misused.
A man tries to swallow a pen as part of a circus act. The pen becomes lodged in his throat and he is taken to a hospital for immediate medical attention. The man sues the company that manufactured the pen. Which of the following would be the best defense for the pen manufacturer in this lawsuit?
False
A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.
when the patent term period has expired
When does a patent enter the public domain?
the government
Who is the plaintiff in a criminal lawsuit?
poisoning a person's drink
Which of the following torts constitutes battery?
Embezzlement
________ is the fraudulent conversion of property by a person to whom that property was entrusted.
There was a defect in the packaging of the bottled water.
Spring Stream sells bottled water that it claims contain vital minerals and salts not found in rival brands. The company also claims that using tamperproof seals on the bottles would minimize the health benefits of the water. As a result, many shady establishments refill these water bottles with contaminated water and sell them again. People who drink the water suffer from various water-borne diseases. Which of the following forms the grounds on which affected customers can bring a strict liability lawsuit against Spring Stream?
a patent will not be granted if the invention was already in public use for one year before filing application
According to the public use doctrine for patents, ________.
negligent infliction of emotional distress
Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.
The consumer had assumed the disclosed risks when purchasing the drug.
A pharmaceutical company has disclosed a list of side effects of its new prescription drug. A consumer, taking the drug in the right doses, suffers from one of these side effects and sues the company for product liability. Which of the following would be the pharmaceutical company's defense in this lawsuit?
assumption of the risk
Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt, stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily, with full knowledge of the risk of injury or death that might result as a consequence. During the course of the race, a slight drizzle that covers the windshield affects Loyola's visibility and he misses a turn, resulting in a crash. Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them?
Res ipsa loquitur
________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.
False
Failure to properly assemble a product constitutes a defect in design by the manufacturer.
transferred intent doctrine
Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael?
defamation of character
Libel and slander constitute ________.
assault
John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for ________.
It permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
Which of the following accurately describes the fair use doctrine with reference to copyrighted material?
criminal conspiracy
Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank, studied security arrangements and movements of security personnel. They even got weapons, in case force is required, as they plan to rob the bank during working hours. But the police got information about the plan and arrested Mark and Jack, and thus prevented the robbery from taking place. Which of the following crimes have Mark and Jack committed?
exclusionary rule
According to the ________, evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.
Benford, Inc
Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?
larceny
The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, and other business property is considered as a(n) ________.
allowed to use the trade secret but not the original trademark
If a competitor reverse engineers a trade secret, then the competitor is ________.
All the jurors have to unanimously agree that the defendant is guilty of the crime.
What is the necessary condition for an accused person to be found guilty by a jury?
Apply for a six-month extension for the logo.
John Crichton had applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. But even after six months he had not yet used the logo. Which of the following recourses does trademark law allow John Crichton so that he can retain his logo till he uses it in commerce?
published an untrue statement of fact about the plaintiff to a third party
The tort of defamation of character requires a plaintiff to prove that the defendant ________.
privilege against self-incrimination
Which Fifth Amendment provision in the U.S. Constitution do the Miranda Rights refer to?
protection from unreasonable search and seizure by the government
Which one of the following types of protection does the Fourth Amendment provide to U.S. citizens?
trademark
"Just Do It" is a famous tagline used by the Nike Corporation. Which of the following types of intellectual property would this tagline come under?
musical compositions
Which of the following is suitable for copyrighting?