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Q:
Which of the following statements is true of patenting a scientific principle?
A) Patent for a scientific principle has to be applied for directly at the U.S. Court of Appeals for the Federal Circuit.
B) A scientific principle can only be patented once a universal consensus has been reached on its validity.
C) Patent for a scientific principle has to be applied for at the U.S. Patent and Trademark Office.
D) A scientific principle can only be patented if it is a part of the tangible environment.
Q:
According to the public use doctrine for patents, ________.
A) the inventor has to test his invention in the public domain, to measure its validity, before being granted a patent
B) an invention cannot be used in the public domain prior to it being granted a patent
C) a patent will not be granted if the invention was already in public use for one year before filing application
D) the invention will come into the public domain once its term period has expired
Q:
When does a patent enter the public domain?
A) when the patent term period has expired
B) when the patent has been challenged in court and found to be an infringement
C) when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or group of people
D) when the invention is either obvious or not a novel one
Q:
Which of the following statements is true of the patent period in the United States?
A) It follows the first-to-file rule.
B) The patent term begins to run from the date the patent application is filed.
C) The patent term begins to run from the date the patent is issued.
D) The patent period for an invention is 17 years.
Q:
How do patent laws help an inventor?
A) by helping the inventor guard his patented invention from the public
B) by providing protection for patented inventions from infringement
C) by helping the inventor meet potential buyers for his patented inventions
D) by letting the inventor keep his patents indefinitely
Q:
Which of the following is a key function of the U.S. Court of Appeals for the Federal Circuit with regards to patents?
A) It hears appeals rejected from state courts regarding patent issues.
B) It accepts applications for new patents.
C) It helps to promote uniformity in patent laws.
D) It helps to enact new patent laws.
Q:
What is a patent number?
A) a number assigned to a patent when it comes under investigation
B) a number assigned to a patent when the patent is pending
C) a number assigned to a patent during application
D) a number assigned to a patent once the patent is granted
Q:
A ________ is a patent that protects the functionality of a patent.
A) utility patent
B) method patent
C) design patent
D) process patent
Q:
If a competitor reverse engineers a trade secret, then the competitor is ________.
A) rightfully allowed co-ownership to the trade secret and its original trade mark
B) allowed to use the trade secret but not the original trademark
C) not allowed to gain commercially from the trade secret
D) obliged to inform the original owner of the trade secret
Q:
Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also ________.
A) obtain an injunction prohibiting the offender from divulging the trade secret
B) ask for transfer of any of the offender's patents to the plaintiff
C) obtain the offender's trademarks or brand name as payoff
D) ask to acquire the offender's trade secrets as payoff
Q:
What federal statute was enacted by the Congress to protect trade secrets?
A) Sarbanes-Oxley Act
B) Lanham Act
C) Telecommunication Act
D) Economic Espionage Act
Q:
According to the Economic Espionage Act, ________.
A) persons who have reverse engineered a trade secret can use that trade secret, and the related trademark
B) it is a federal crime to steal another's trade secret
C) the rights to a trade secret will have to be renewed after a specified period of time
D) trade secrets can be shared for a limited amount of time
Q:
In a dilution lawsuit, the plaintiff needs to show proof of actual harm suffered in order to win the lawsuit.
Q:
Which of the following would be considered to be a part of intellectual property?
A) patents
B) vehicles
C) business contracts
D) buildings
Q:
Intellectual property falls into a category of property known as ________.
A) tangible property
B) moveable property
C) real property
D) intangible property
Q:
The trademark symbols "TM" and "SM" can be used with marks that have been not been registered.
Q:
A service mark is used to distinguish the product of the holder from those of its competitors.
Q:
A party has to be a member of an organization to use a certification mark.
Q:
Ordinary words or symbols that have taken on a secondary meaning will qualify as marks.
Q:
Distinctive marks are ordinary words or symbols that have acquired special meaning with a product or service.
Q:
Trademarks that have become generic names are protected under federal trademark law.
Q:
A company slogan is an example of a trademark.
Q:
A trademark is only issued if the registrant proves he has used the mark in commerce.
Q:
The trademark symbol "TM" is used to indicate a registered mark.
Q:
The trademark symbol "SM" is used to indicate a mark associated with a product.
Q:
A party that does not register its brand name has no legal right over it.
Q:
A patent in the public domain can be purchased by a non-patent holder.
Q:
Non-patented inventions that have been in public use for over a year can still be patented.
Q:
Utility patents for inventions are valid for 20 years.
Q:
A utility patent is a patent that may be obtained for the ornamental nonfunctional design of an item.
Q:
Copyright for a work can only be claimed once the U.S. Copyright Office issues it.
Q:
If an invention is obvious, then it does not qualify for a patent.
Q:
Utility patents for inventions are valid for the whole of the inventor's life and 70 years after that.
Q:
The patent term begins to run from the date the patent is issued.
Q:
In the United States, the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.
Q:
The ________ Amendment guarantees that a criminal defendant has the right to a public jury trial.
Q:
The ________ Amendment protects criminal defendants from cruel and unusual punishment.
Q:
A competitor can lawfully discover a trade secret by performing reverse engineering.
Q:
A patent can only be claimed for a limited amount of time.
Q:
Improvements to existing machines, processes, or compositions of matter cannot be patented.
Q:
________ is the taking of another's personal property other than from his or her person or building.
Q:
________ is defined as the taking of personal property from another person by the use of fear or force.
Q:
The willful or malicious burning of a building is called ________.
Q:
________ crimes are prone to being committed by businesspersons, and usually involve cunning and deceit rather than physical force.
Q:
________ is a federal act that provides for both criminal and civil penalties for racketeering.
Q:
________ is a Fifth Amendment provision that a person may not be required to be a witness against himself or herself in a criminal case.
Q:
________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.
Q:
If the grand jury determines that there is sufficient evidence to hold the accused for trial, it issues a(n) ________.
Q:
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
Q:
A party may enter a plea of ________, whereby the accused agrees to the imposition of a penalty but does not admit guilt.
Q:
A(n) ________ is an agreement in which the accused admits to a lesser crime than charged, and in return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.
Q:
Discuss mail fraud and wire fraud.
Q:
In a criminal case, the government is represented by the ________.
Q:
The two elements that are required to be found guilty of an intent crime are ________ and ________.
Q:
In legal terminology, evil intent is also known as ________.
Q:
Discuss "receiving stolen property" as a crime.
Q:
Which of the following Amendments protects criminal defendants from cruel and unusual punishment, and also protects criminals from torture?
A) Fifth Amendment
B) Eighth Amendment
C) Fourth Amendment
D) Fourteenth Amendment
Q:
Why do governments and defendants enter into plea bargains?
Q:
Give an account of the Racketeer Influenced and Corrupt Organizations Act (RICO) in business law.
Q:
Explain the role of penal codes and regulatory statutes in criminal law.
Q:
Under which of the following circumstances is a warrantless search permitted?
A) if there is no probable cause
B) if the suspect has been previously convicted
C) if evidence is not in plain view
D) if evidence is likely to be destroyed
Q:
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.
A) Miranda rights
B) exclusionary rule
C) presumption of innocence doctrine
D) double jeopardy rule
Q:
Which Fifth Amendment provision in the U.S. Constitution do the Miranda Rights refer to?
A) parole eligibility
B) privilege against self-incrimination
C) unreasonable searches and seizures
D) double jeopardy
Q:
The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.
A) evidence procured through unreasonable search and seizures
B) being tried twice for the same crime
C) confessions obtained through physical force during an interrogation
D) being subjected to a heavier penalty or longer imprisonment than originally sentenced to
Q:
Which of the following would violate the Double Jeopardy Clause?
A) The government reopens a case after new incriminating evidence is found against an acquitted person.
B) A person is tried for a case similar to a case from which he was acquitted earlier.
C) A case reaches a hung jury in court and the government reopens the case with a new jury.
D) The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.
Q:
Which of the following rights was provided under the Sixth Amendment?
A) double jeopardy
B) right to due process
C) right to public jury trial
D) right against self-incrimination
Q:
Gregory Aimes, who is being tried for murder, has been appointed Linda Steve as an attorney for his defense. While questioning Gregory about the case, Linda gets a confession of murder from Gregory. Linda cannot divulge this information to the proper authorities due to the attorney-client privilege, wherein all information exchanged between client and attorney are confidential. Under which one of the following conditions can Linda lawfully break her attorney-client privilege with Gregory?
A) if Gregory discloses to Linda about a planned future murder
B) if Linda voluntarily resigns as Gregory's attorney
C) if Gregory asks that Linda be replaced as his attorney
D) if Gregory is acquitted in the case
Q:
Which one of the following types of protection does the Fourth Amendment provide to U.S. citizens?
A) protection from cruel and unusual punishment for a criminal defendant
B) protection from unreasonable search and seizure by the government
C) protection against being tried for the same case twice
D) protection against self-incrimination
Q:
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, incase 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?
A) criminal conspiracy
B) extortion
C) money laundering
D) larceny
Q:
Which of the following does the Money Laundering Act prohibit?
A) the use of mails or wires to defraud another person
B) knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
C) obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
D) the fraudulent conversion of property by a person to whom that property was entrusted
Q:
Which of the following crimes is an example of a white-collar crime?
A) battery
B) larceny
C) arson
D) forgery
Q:
The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.
A) larceny
B) extortion
C) forgery
D) embezzlement
Q:
________ is the fraudulent conversion of property by a person to whom that property was entrusted.
A) Embezzlement
B) Bribery
C) Forgery
D) Extortion
Q:
________ is a crime in which one person gives another person money, property, favors, or anything else of value for a favor in return.
A) Bribery
B) Battery
C) Embezzlement
D) Larceny
Q:
The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear.
A) embezzlement
B) bribery
C) money laundering
D) extortion
Q:
What is nolo contendere in legal proceedings?
A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B) a plea where the accused agrees to the imposition of a penalty but does not admit guilt
C) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial
D) a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant
Q:
A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________.
A) grand jury
B) open jury
C) struck jury
D) hung jury
Q:
Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized. After the accident was investigated, it was found that Roland's negligence was the cause of the accident. Duly, he was charged with reckless driving, a crime. What course of action should Roland take to avoid being sued by Kelly, holding him liable for her injuries and subsequent hospital bills?
A) plead not guilty and go to trial
B) enter into a plea of nolo contendere
C) plead guilty and serve the punishment set by the government, as this will suffice as the all-binding punishment for the crime
D) enter into a plea bargain with the government and pay a nominal penalty set by the government
Q:
What is the necessary condition for an accused person to be found guilty by a jury?
A) The jury's guilty verdict has to be approved by the presiding judge.
B) At least half the jurors have to find the defendant guilty of the crime.
C) More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D) All the jurors have to unanimously agree that the defendant is guilty of the crime.
Q:
Where is the felony murder rule applied?
A) when the felon in the case was killed while the crime transpired
B) when the murder was committed without intent, while committing another crime
C) when the reason for the death is found to be involuntary manslaughter
D) when the crime involves the intended murder of another person