Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Business Ethics
Q:
Why was the Digital Millennium Copyright Act passed?
Q:
Discuss U.S. patent law. Give examples of items that can and cannot be patented.
Q:
Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?
Q:
Give a brief description of the increased protection in U.S. Copyright laws starting in 1994 and using approximate dates.
Q:
What must a plaintiff prove to establish copyright infringement?
Q:
Discuss how intellectual property is different from other kinds of property.
Q:
Trade secrets are registered just like trademarks.
a. True
b. False
Q:
In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is
I. Not obvious
II. Unique
III. Useful
IV. Not a modification of any prior patents
a. I only
b. I and II
c. I, II and III
d. I, II, III and IV
Q:
Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?
I. Lanham Trademark Act of 1946
II. Federal Trademark Dilution Revision Act of 2006
III. Sonny Bono Act of 1998
a. I only
b. II only
c. I and II
d. II and III
Q:
The difference between the Project Gutenberg (PG) and the Google book scanning project is:
a. The PG limits itself to the "classics"
b. The PG limits itself to only works in the public domain
c. Google only digitizes full documents but the PG digitizes key segments
d. The PG limits itself to "orphan" works " those with hard-to-find authors or owners.
Q:
Once the copyright on a work has expired,
a. The owner can renew it for a new term
b. The work is in the public domain
c. The work becomes the property of the government
d. The work is considered no longer creative
Q:
If an author owns a copyright to a non-fiction essay, then publishes that essay in an anthology of similar essays published by a major publishing company, the rights involved in this relationship would be referred to as ______.
a. collective work
b. public domain
c. collective bargaining
d. joint domain
Q:
In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.
a. collective rights
b. misappropriation
c. unlimited use
d. fair use
Q:
American copyright law creates a bundle of rights for the owner, including the right to reproduce, distribute, perform, display, or adapt the work.
a. True
b. False
Q:
Debora Halbert asserts in her essay that:
a. women have benefited greatly from intellectual property laws.
b. intellectual property has historically benefited men more than women.
c. in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well.
d. when women knitted or quilted, they were reluctant to share their patterns with other women.
Q:
Explain how injured parties can recover damages under the UCC.
Q:
What are punitive damages?
Q:
Explain the features of Section 402A of the Restatement of Torts (Second).
Q:
Compare the regulation of biotechnology in the United States to that of the European Union.
Q:
What did the Food Safety Modernization Act (FSMA) do? Has it accomplished what it should have? Why or why not?
Q:
According to Stephen Sugarman, performance-based regulation happens when:
a. the government sets targets for how much harm is allowed for each product produced and the company is fined or penalized for any harm beyond the acceptable level.
b. the government creates a reporting structure for consumers to report corporation performance related to safety or environmental issues and then the government imposes fines by a specific formula for companies who exceed a certain number of negative reports.
c. consumer advocacy groups work with the independent agencies to determine which corporations are implementing best practices for consumer safety and then create regulations to impose those practices on other companies.
d. the government analyzes which companies make the most profit, indicating consumer approval of their performance on safety standards and then implement those companies' practices as legal standards.
Q:
Absent provisions in the contract, which of the following types of damage can be awarded to an injured party under a breach of contract?
a. General damages only
b. General and incidental damages only
c. General, incidental, and special damages only
d. General, incidental, special and punitive damages
Q:
The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(an):
a. Design Defect
b. Manufacturing Defect
c. Warning Defect
d. End-user Defect
Q:
To win a suit for negligence, a plaintiff must establish that the defendant:
I. breached its duty of care
II. created an unreasonable risk of harm
III. acted with total disregard to the harm that could result
IV. behavior was the proximate cause of the plaintiff's injuries
a. I and II only
b. II and III only
c. I, II and IV only
d. I, II, III and IV
Q:
The most notable exception to caveat emptor was for
a. Food
b. Automobiles
c. Clothing
d. Shoes
Q:
The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys) is
a. The Consumer Protection Group (CPG)
b. The Consumer Product Safety Commission (CPSC)
c. The Product Protection People (P3)
d. The Buy American Coalition (BAC)
Q:
The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are
a. Cabinet departments within the Executive Branch
b. Subcommittees of the Senate and House of Representatives within the Legislative Branch
c. Judicially created organizations to implement Supreme Court mandates related to product safety.
d. Independent agencies that report to no branch of government.
Q:
In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.
a. True
b. False
Q:
The term caveat emptor means:
a. "seller take care"
b. "empty the cave of deceit"
c. "buyer beware"
d. "truth shall prevail"
Q:
Discuss how the fast food industry's response to the obesity epidemic in children has changed since the publication of the Surgeon General's report.
Q:
Discuss the standards of the Creative Code of the American Associate of Advertising Agencies.
Q:
What is the Lanham Act? To succeed in suit under the Lanham Act, what must a plaintiff prove?
Q:
Discuss some of the ways the FTC has curbed online marketing efforts.
Q:
What forms can deceptive advertising claims take?
Q:
In the case of R.J. Reynolds Tobacco Company, et al. v. FDA, what was the majority opinion regarding the First Amendment and the graphic warning requirements?
Q:
According to the Learned Intermediary Rule, pharmaceutical manufacturers do not have to warm consumers about drug dangers as long as they have adequately warned physicians.
a. True
b. False
Q:
The debate over advertising fast food and other "junk foods" to kids is in effect settled, since federal and state laws have put limits on that advertising.
a. True
b. False
Q:
The "creative revolution" in advertising refers to
a. The move from black and white to color advertising.
b. The move from talking about a product to showing what a product can do.
c. The move from showing what a product can do to making the product a status symbol.
d. The move from making a product a status symbol to using subliminal messaging to "force" consumers to buy the product.
Q:
Obesity in children has continued to rise since 1976 and approximately ¾ of all teens and youth are overweight.
a. True
b. False
Q:
The Lanham Act:
I. Focuses on trademark registration and protection.
II. Was passed in reaction to the Great Depression.
III. Gives competitors the right to sue for false claims a rival company makes about the competitor's product.
IV. Does not allow a company to sue for false claims a rival company makes about their own products.
a. I & II only
b. II & III only
c. I, I and III only
d. I, II III, and IV
Q:
According to John Kenneth Galbraith, the theory of consumer demand is based on the following broad assumption(s):
I. Socialism will work in all societies because consumers are willing to share their wealth.
II. The urgency of wants does not diminish as more of them are satisfied.
III. Wants originate in the personality of the consumer.
a. I only
b. I and II
c. III only
d. II and III
Q:
Citizens have always been afforded freedom of speech after the ratification of the U.S. Constitution.
a. True
b. False
Q:
Identify the true statement(s) regarding freedom of speech:
I. It was not until the 1920s that legal doctrines protecting speech when offensive began to be recognized by the courts.
II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not "materially affect" its business.
III. In the Virginia Board case, the U.S. Supreme Court failed to link the "right to receive information and ideas" with the traditional values that underlie free speech.
IV. According to the Central Hudson decision, "protected commercial speech" cannot be regulated.
a. I & II only
b. II & III only
c. II, III and IV only
d. I, II III, and IV
Q:
Explain the Crisis of Agrobiodiversity as explained by Carmen G. Gonzalez.
Q:
What is environmental justice? What started the movement in the United States?
Q:
The Fifth Amendment to the Constitution explicitly protects private property owners' economic interests. Explain how this amendment affects owners of private property.
Q:
The power of eminent domain requires the government to provide just compensation to a property owner when taking private property for public purposes. Discuss your thoughts on whether the following should be considered "public purposes."
a. The government taking private property to transfer to a private company for development of a strip mall.
b. The government taking private property to build a highway.
c. The government taking private property to expand an airport.
Q:
Discuss the obligations of human beings to Mother Earth according to the universal declaration of rights of Mother Earth.
Q:
Explain how the tradeable permit plan works.
Q:
According to Carmen G. Gonzalez, people go hungry because:
a. there is not enough food available
b. people are too poor to grow food
c. Both a. and b.
d. Neither a. nor b.
Q:
According to Alice Kaswan, environmental justice has had:
a. an extreme impact on environmental law
b. a significant impact on environmental law
c. a modest impact on environmental law
d. no impact on environmental law
Q:
The power of the U.S. Government to take property from a private individual and use it for public purposes is:
a. Due Process
b. Equal Protection
c. Eminent Domain
d. Suffrage
Q:
According to John Locke, the purpose of government is to institute restraints to protect property rights.
a. True
b. False
Q:
A "green tax" uses government taxing power to benefit the environment.
a. True
b. False
Q:
When environmentalists recognized that politicians were not going to pass stricter legislation and regulations, they changed their tactics to force change. According to the Layzer article in the chapter, these new tactics included:
I. Eco-terrorism " bombing pipelines and factories.
II. Collaboration with businesses " create partnerships to improve environmental impacts.
III. Public relations campaigns " go public with their accusations and encourage consumers to demand change.
IV. Work internally through shareholders to try to change corporate disclosures
a. I and II
b. II and III
c. III and IV
d. II, III and IV.
Q:
According to MIT professor Layzer, the lobbyists for the energy corporations have used which of the following tactics to avoid stricter regulation?
I. Portray the science of global warming as uncertain and debatable
II. Focus on the financial costs of regulation
III. Provide Senators and Representatives with financial incentives to vote against regulation
IV. Portray the environmentalists as extremists and a vocal minority.
a. I and II
b. I, II and III
c. I and III
d. I, II and IV
Q:
The Kyoto Protocol is an international treaty to reduce greenhouse admissions, signed by over 200 countries including the United States.
I. True
II. False
Q:
Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.
a. allocation of resources
b. tradeable permit
c. green capitalism
d. shareholder activism
Q:
Which piece of legislation was passed first?
a. The Clean Water Act
b. The Resource Conservation and Recovery Act
c. The Clean Air Act
d. The Comprehensive Environmental Response, Compensation, and Liability Act
Q:
Explain what the Workers Rights Consortium is and what it has done to combat sweatshops.
Q:
Explain how worker's compensation in the U.S. works.
Q:
Discuss how corporate criminal liability has been handled by OSHA since 1970.
Q:
According to Dr. Michael Silverstein, what are the types of risks workers find on the job today?
Q:
According to Guy Mundlak and Issi Rosen-Zvi, hypotheses for the existence of CSR reports include:
I. They have instrumental value to governments.
II. They are a focal point for persuading the corporate world that a new ethical discourse is emerging.
III. They are created to persuade competitors to adopt similar measures and standards of responsibility.
IV. They are created in an attempt to persuade managers and employees that they should be proud of their workplace.
a. III and IV only
b. I, II and III only
c. II, III and IV only
d. I, II, III and IV
Q:
The Workers Rights Consortium:
I. Combats sweatshops by monitoring and investigating working conditions in factories around the world.
II. Is a U.S. government organization.
III. Covers contractors, subcontractors and manufacturers.
a. I. only
b. I and II only
c. I and III only
d. I, II, and III
Q:
When an employee files a worker's compensation claim:
a. The employee must prove the company was negligent.
b. The employer has the right to raise traditional defenses to negligence to defeat the claim.
c. Both a. and b.
d. Neither a. not b.
Q:
According to Henry Shue, firms are not in the business of protecting the interests of their workers, except when this is a means to accomplish the organizational objectives.
a. True
b. False
Q:
The ADA direct threat provision permits an employer to impose a:
a. "requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace."
b. "requirement that an individual shall not pose a direct threat to the health or safety of themselves in the workplace."
c. Both a. and b.
d. Neither a. nor b.
Q:
Almost all of the hazards that workers face are known and visible.
a. True
b. False
Q:
Typically individual stockholders are not held responsible for the actions of a corporation. Exceptions usually relate to comingling of funds, underinsuring, or similar actions by the corporate leadership. This is called:
a. risking liability
b. piercing the corporate veil
c. the privilege of the stockholders
d. free market trading of stocks
Q:
OSHA has a wide range of tools available to address the risks that workers face.
a. True
b. False
Q:
With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize, workplace accidents and health hazards.
a. Securities Act
b. Occupational Safety and Health Act
c. Environmental Protection Agency
d. National Insurance Act
Q:
The Fair Labor Standards Act (FLSA) of 1938:
I. sets maximum hours
II. requires minimum wages
III. requires compliance with child labor standards
IV. covers farmer workers
a. I. and II only
b. III and IV only
c. I, II and III only
d. I, II, III and IV
Q:
According to sociologists, what is society's image of a good mother? A good father? How do those images impact how parents who chose to balance their work life with family (i.e. work part time) are viewed?
Q:
All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?
a. An eligible employee is entitled to take 12 weeks of unpaid leave in any 12-month period.
b. Every personal or family emergency qualifies for FMLA leave.
c. Under most circumstances, the employer must reinstate employees when they return from leave.
d. An eligible employee is entitled to take paid leave because of the birth of a son or daughter.
Q:
What must a plaintiff show to make a prima facie case of hostile environment sexual harassment?
Q:
Federal courts have consistently held that the Civil Rights Act's ban on "˜discrimination on the basis of sex" does not include discrimination based on one's sexual orientation or affiliation.
a. True
b. False
Q:
What is the EEOC guideline on English-only workplace rules? What are two reasons given for the rules?
Q:
John Smith was assaulted on the loading dock by a coworker, Jim Jones, at the Acme Widget Company. The attack was unprovoked by Smith. After the physical assault, there was an angry verbal exchange between the parties. The incident ended when Jones yelled that Smith was a "sissy" and "everybody knows you're queer as a three dollar bill." Which of the following statements best describes the outcome of the harassment lawsuit filed by Smith under The Civil Right Act of 1964?
I. Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).
II. Sexual orientation discrimination is prohibited by federal law (The Civil Right Act of 1964).
III. Suits based on harassment due to sexual orientation cannot prevail when based on local or state laws.
IV. Sexual orientation discrimination is not prohibited by federal law (Title VII).
a. I only
b. II only
c. III only
d. I and IV
Q:
Describe the term heightened scrutiny. What do the courts use to determine which type of scrutiny to use?