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
Law
Q:
What is legal insanity?
Q:
What is UCITA? Explain its role.
Q:
Which of the following elements has to be proved for a contract to be deemed unconscionable?
A) that the weaker party did not enter the contract under duress
B) that the parties had equal bargaining power
C) that the dominant party justly used its bargaining power
D) that the adhering party had no reasonable alternative
Q:
Explain the basic requirements that must be met for a contract to be enforceable.
Q:
Which of the following is true for a minor under the infancy doctrine?
A) A minor is bound to the adult's decisions in a contract between them.
B) A minor can disaffirm contracts he or she has entered into with adults.
C) A minor cannot enter into a legal contract with another minor.
D) A minor cannot choose to enforce a contract at his or her whim.
Q:
Which of the following is true of a contract with an adjudged insane person?
A) The adjudged insane person is bound by the terms of the contract.
B) The contract is void.
C) Only the competent party can enforce the contract.
D) The competent party is legally obligated to uphold the contract.
Q:
Which of the following is true of a contract where one of the parties is insane but not adjudged insane?
A) The contract is voidable by the competent party.
B) The contract is only voidable by the insane person.
C) Only the court appointed legal guardian to the insane person can modify contracts.
D) The non-insane person must be placed in status quo if the insane person voids the contract.
Q:
A(n) ________ is a contractual provision that relieves one or both of the parties to a contract from tort liability.
A) contract of adhesion
B) exculpatory clause
C) duty of restitution
D) fundamental breach
Q:
A(n) ________ is a contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust.
A) unconscionable contract
B) contract of adhesion
C) contract in restraint of trade
D) quasi-contract
Q:
The ________ states that an acceptance is effective when it is dispatched, even if it is lost in transmission.
A) rule of silence as acceptance
B) mirror image rule
C) mailbox rule
D) mutual assent rule
Q:
A contract is said to have legal value if ________.
A) both the promisor and the promisee receive a legal benefit
B) the promisor suffers a legal detriment
C) the promisee suffers a legal detriment
D) the promisee receives a legal benefit
Q:
Which of the following is true of a gift promise?
A) A gift promise can be enforced in a court of law.
B) A completed gift promise cannot be cancelled for lack of consideration.
C) A gift promise contains considerations.
D) The promisee can take legal action if the promisor does not uphold the promise.
Q:
Why does an illusory contract lack consideration?
A) because the consideration promised is unlawful and therefore void
B) because the person promises to perform an act or do something he is already under an obligation to do
C) because one or both parties can choose not to perform their contractual obligations
D) because the compensation paid is for work done in the past
Q:
What is the significance of the age of majority in relation to legal contracts?
A) People below the age of majority can directly enter into lawful contracts.
B) Mentally incompetent persons need to achieve the age of majority in order to enter into a legal contract.
C) It is the age above which people of capacity can enter into a legal contract.
D) Minors who have entered the age of majority require his or her parents or guardian's consent to enter into a legal contract with adults.
Q:
The ________ states that the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties.
A) objective theory of contracts
B) common law of contracts
C) Restatement of the Law of Contracts
D) Restatement (Second) of Contracts
Q:
According to the objective theory of contracts, the intent to enter into an express or implied-in-fact contract is judged by the ________.
A) doctrine of equity
B) legality of the contract
C) reasonable person standard
D) common law of contracts
Q:
Which of the following is true for an auction with reserve?
A) The seller retains the right to refuse the highest bidder.
B) Invitations to make an offer are not allowed.
C) Goods cannot be withdrawn from sale after the offer has been made.
D) A bid once made cannot be withdrawn and is legally binding.
Q:
Which of the following is true for an auction without reserve?
A) The bidder is considered the offeror.
B) The seller need not accept the highest bid.
C) The goods on sale cannot be withdrawn.
D) The auctioneer is not allowed to set a minimum bid.
Q:
Which of the following statements is true about a counteroffer?
A) An offeree that makes the counteroffer is still considered the offeree.
B) A counteroffer terminates the existing offer.
C) A counteroffer can only be made by the offeror.
D) A counteroffer need not be communicated to the offeror.
Q:
Which of the following is true of an option contract?
A) If the offeree chooses not to buy the property then money paid in consideration must be returned.
B) If money is paid as consideration, then that is not applied to the sale price.
C) Death or incompetency of either party terminates an option contract.
D) The offer cannot be revoke during the option period.
Q:
A trademark that becomes a common term for a product line or type of service is called a(n) ________.
Q:
________ is a type of trademark dilution where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.
Q:
A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n) ________ mark.
Q:
A(n) ________ mark confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark.
Q:
Stella is injured in a motor accident and is brought to the hospital by a passerby. Stella subsequently passes into a coma. The doctors and other staff perform the necessary medical procedures to save her life. Stella comes out of her coma after two months and is released from the hospital after the doctors are satisfied by her recovery. Under the doctrine of ________ contract, Stella has to pay the hospital for its services.
A) implied-in-fact contract
B) express contract
C) quasi-contract
D) formal contract
Q:
Kyle goes to a used-car showroom to buy a sedan. He signs an agreement with the store which bears the name of the car, price, and other details. This is an example of a(n) ________ contract.
A) express
B) unilateral
C) implied-in-law
D) implied-in-fact
Q:
Which of these is an instance of a quasi-contract?
A) an employee receiving his or her paycheck every month
B) two companies signing a business agreement that spans an undefined duration
C) an unconscious man being nursed by a hospital, having been brought in by a passer-by
D) a woman hiring a caterer only after the caterer promises to deliver the food on time
Q:
A(n) ________ is a patent that protects the functionality of a patent.
Q:
The ________ doctrine allows for certain limited unauthorized use of copyrighted materials.
Q:
In 1997, Congress enacted the ________ Act, a federal statute that criminalizes certain copyright infringement.
Q:
In 1946, Congress enacted the ________ Act to provide federal protection to trademarks, service marks, and other marks.
Q:
A(n) ________ is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.
Q:
Give an account of trademark dilution.
Q:
Congress enacted the federal ________, which makes it a federal crime to steal another's trade secrets.
Q:
Applications for patents must be filed with the ________.
Q:
The ________ is a special federal appeals court that hears appeals from the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office and federal courts concerning patent issues.
Q:
________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.
A) Tarnishment
B) Blurring
C) Astroturfing
D) Trolling
Q:
Give an account of the Economic Espionage Act and its importance in combating cyber piracy.
Q:
What is a provisional patent application?
Q:
Explain what a generic name is with reference to trademarks.
Q:
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?
A) Pay a fine so that the trademark gets registered immediately.
B) Change the logo slightly, and reapply for the newly altered logo.
C) Cancel the current application and apply for the same logo again.
D) Apply for a six-month extension for the logo.
Q:
What is acquiring secondary meaning in trademark terms?
A) when a mark that resembles a mark already registered with the federal PTO is used for a new product or service
B) when ordinary words establish new meaning due to its attachment to a product or service
C) when a distinctive mark or design is created for a new product or service
D) when descriptive words are used that have no direct relevance to a product or service
Q:
A ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.
A) private brand
B) service mark
C) orphan work
D) generic name
Q:
How is a copyright different from a patent?A) Patents fall under the federal law, while copyrights fall under state law.B) Copyrights should be novel, and useful, while patents need not be so.C) Copyrights are applied for inventions, while a patent is applied for tangible writings.D) Patents have a limited term period, while copyrights carry lifelong terms.
Q:
________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.
A) Trade secret
B) Patent
C) Trademark
D) Copyright
Q:
Which of the following would constitute a copyright infringement?A) using several clips from a movie in a documentaryB) a brief quotation in a news reportC) use of copyrighted material in a spoof or satireD) reproduction by a teacher or student of a small part of the work to illustrate a lesson
Q:
________ is a legal right that gives the author of qualifying subject matter, and who meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work.
A) Patent
B) Copyright
C) Trademark
D) Trade secret
Q:
Which of the following is suitable for copyrighting?A) buildingsB) business methodsC) musical compositionsD) product logos
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:
Which of the following provisions does the American Inventors Protection Act make?
A) It does not let non-patent holders to challenge the inventor's patent.
B) It allows the inventor to ask for an immediate patent on his invention.
C) It protects the invention from going public before the patent is issued.
D) It lets the inventor apply for a provisional right application.
Q:
Which of the following types of patents is valid only for a period of 14 years?
A) design patent
B) utility patent
C) process patent
D) business method patent
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.