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Law
Q:
A voidable contract is necessarily unenforceable.
Q:
Jim and Slater want to buy a car. As they don't have sufficient money, they plan to steal their neighbor's car and sell it. This is a valid contract.
Q:
A contract that has been fully performed is an executory contract.
Q:
CISG applies to any party, be it a merchant or a nonmerchant.
Q:
A voidable contract is one that may be canceled by only one of the parties.
Q:
The Industrial Revolution that modernized America changed many of the basic assumptions underlying contract law.
Q:
Every state has adopted the Uniform Commercial Code.
Q:
The drafters of the U.C.C intended for the code to establish complete uniformity.
Q:
The Uniform Commercial Code has achieved complete uniformity of the laws governing commercial transactions.
Q:
The UCC is more flexible than the common law.
Q:
Freedom of contract is a notion that has emerged only in the last twenty years.
Q:
Briefly explain the extraterritorial reach of the U.S patent law.
Q:
How can a plaintiff recover for trademark infringement?
Q:
What are technology transfer agreements?
Q:
Briefly explain the three distinct time frames when secrecy provisions under the confidentiality clause of licensing agreements may be utilized.
Q:
The _____ is a fundamental provision found in most licensing contracts which indicates the precise scope of the license.
A. technical service clause
B. confidentiality clause
C. granting clause
D. exclusive dealing clause
Q:
Which of the following statements is true for the confidentiality clause?
A. It restricts the licensor's right to disclose trade secrets after the licensing agreement has ended.
B. During a licensing agreement, it permits the licensor to limit the number of people with whom the licensee may share the technology.
C. It restricts the licensee's right to disclose the information only when the licensed technology is not a trade secret.
D. Prior to licensing, it does not allow potential licensees to inspect the technology the licensor is providing.
Q:
As a part of their new business expansion strategies, an Italian company, manufacturing car accessories, licensed a local firm in Kenya for production of car sun shades. After running a successful business for one year, the Kenyan firm manufactured its own car shades with local resources and started selling them at lower rates. This was a violation of the _____ clause in licensing agreements which prohibits the licensee from providing goods or services that are competitive with those supplied by the licensor.
A. granting
B. requirements
C. exclusive dealing
D. technical service
Q:
A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology everywhere else in the world. This provision is found in the:
A. exclusive dealing clause.
B. grant-back clause.
C. territoriality principle.
D. territorial restriction.
Q:
Which of the following is a drawback of technology licensing?
A. The licensee can sever the licensing relationship and become a competitor after gaining access to the licensor's technology.
B. The licensee runs the constant risk that the licensor will provide inferior service.
C. Licensing maximizes the physical and financial presence of a business overseas thereby exposing it to risks.
D. Licensing escalates the risks of suffering devastating losses in the event of an expropriation.
Q:
A trade secret is also called ____.
A. performance standard
C. compilation of information
propriety information
Trade secret, generally, is developed by a firm over the course of its business activities. Sometimes called know-how or propriety information, this type of intellectual property includes secret formulas, devices, processes, techniques, and compilations of information (e.g., customer lists).
Q:
Which of the following statements is true about trade secrets?
A. A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret.
B. A trade secret generally does not include processes, techniques, and compilations of information.
C. A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection.
D. A business may attempt to maintain the trade secret if the monopoly period for patents is relatively long.
Q:
An individual may freely use the trade secret of another if:
A. it was discovered through reverse engineering.
B. it was acquired from someone who breached a duty of confidentiality regarding the secret.
C. it was obtained by improper means.
D. it was acquired by breaching the duty of confidentiality regarding the secret.
Q:
Technology transfer agreements:
A. protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur.
B. permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment.
C. prevent an intellectual property owner from granting to another the right to use protected technology in return for some form of compensation.
D. assert that priority of trademark rights in the United States depends solely upon the priority of use in the States, and not anywhere else in the world.
Q:
Which of the following is an advantage of licensing?
A. It permits quicker foreign market penetration than direct investment.
B. It maximizes the physical and financial presence of a business overseas.
C. It allows the licensee to directly benefit by receiving royalty payments.
D. It allows the first person to register a trademark to become its legal owner.
Q:
The person who owns the intellectual property is known as the ____.
A. warrantor
B. licensee
C. guarantor
D. licensor
Q:
A. does not apply if the use enhances the value or marketability of the original work.
C. applies only to creative works rather than informational works.
Q:
The _____ theory of recovery has been used effectively against several suppliers of peer-to-peer file sharing software that has been used to download CDs and DVDs from the Internet.
Q:
Trademark dilution laws:
A. protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur.
B. are intended at protecting consumers rather than focusing on protecting the investment of trademark owners.
C. permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment.
D. require the licensee to transfer any inventions it derives from the licensed technology to the licensor.
Q:
The unauthorized reproduction of creative works is prohibited by a(n):
A. inventor's certificate.
Q:
A. is 110 years from the first publication or 140 years from creation, whichever comes first.
B. lasts for the life of the author plus 70 years.
C. is 95 years from the first publication or 120 years from creation, whichever comes first.
D. lasts for the life of the author plus 120 years
Q:
When the trademark is a descriptive term:
A. courts routinely treat the term as distinctive to legal merit.
B. protection exists only if a claimant proves that the term conveys to consumers a secondary meaning of association with the claimant.
C. courts are unwilling to afford the term trademark protection.
D. it qualifies for trademark protection automatically and functions as the common descriptive name of a product class.
Q:
Which of the following statements is true of the registration system for trademarks?
A. In the United States, a trademark is eligible for registration in the absence of prior commercial use.
B. U.S. trademarks are generally registered for 20-year terms and the holder may renew the registration only twice.
C. The registration of a trademark must contain a clear description of what is being protected and must be available to the public.
D. Registration is not mandatory for service marks and geographical indications to be protected.
Q:
The principle of first in time equals first in right:
A. asserts that it is enough to have invented the mark first.
B. is a fundamental principle of service mark law.
C. asserts that it is enough to have used the mark earlier in any country.
D. is bound by the territoriality principle.
Q:
One of the conditions that a plaintiff must show in order to recover for trademark infringement is that:
A. the defendant used the mark only in exports.
B. the defendant's use of the mark was in connection with the advertising of goods.
C. the defendant's use of the trademarks dilutes their distinctive quality.
D. the defendant began using the trademarks after they became famous.
Q:
Aspirin has lost its trademark protection because the name has become so widely used that it has acquired a ____ meaning.
A. generic
B. descriptive
C. arbitrary
D. comprehensive
Q:
Which of the following statements is true of the Trade Related Aspects of Intellectual Property Agreement?
A. It permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.
B. It prevents least developed nations from using compulsory licenses to guarantee the production of low-cost drugs.
C. It prevents developing nations from installing safeguards as protection against low-cost drugs being resold in the developed world.
D. It permits the developed nations to issue inventor's certificates which would entitle its holder to exclusive use of the creation.
Q:
Which of the following statements is true about patent infringement in the U.S?
A. The court holds only the infringer accountable for the unlawful activities. Accomplices are not considered liable under the U.S infringement law.
B. There is no affect on the importation of foreign goods that infringe U.S. patent rights.
C. Infringement does not occur when a product patented in the U.S is made and sold in another country.
D. The court grants an automatic injunction in cases of infringement.
Q:
A distinctive word, name, symbol, or device used by a business to distinguish its goods from those of its competitors is called a ____
A. service name.
B. service mark.
C. trade name.
D. trademark.
Q:
Courts are unwilling to provide trademark protection to a term if it is:
A. arbitrary.
B. generic.
C. descriptive.
D. suggestive.
Q:
A patent:
A. grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.
B. deprives competitors of the opportunity to use the invention without the patent holder's consent.
C. creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies.
D. includes articles or processes falling under the category of physical phenomena or abstract ideas.
Q:
An American university professor derives a new formula which explains a fundamental principle of nature. In the United States, this formula:
A. can be patented.
B. cannot be patented.
C. can be patented if it is novel.
D. cannot be patented because it is not useful.
Q:
The Unites States awards patent privileges based on a ____ standard.
A. first to contemplate
B. first to use
C. first to file
D. first to invent
Q:
The World Trade Organization (WTO) addresses intellectual property rights under the:
A. TRIPS agreement.
B. TRIMS agreement.
C. FCRA agreement.
D. ERISA agreement.
Q:
The risk of a licensee producing inferior goods or inferior service is drastically reduced if the licensor closely monitors his/her activities.
Q:
A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.
Q:
The exclusive dealing clause permits the licensee from providing goods or services that are competitive with those supplied by the licensor.
Q:
Generally, compensation clauses specify the currency in which royalty payments are to be made.
Q:
Patents, trademarks, copy rights, and trade secrets are basic types of:
A. intellectual property.
B. community property.
C. business property.
D. patented property.
Q:
An individual can freely use the trade secrets of another if he discovers them through means such as reverse engineering.
Q:
A business can reduce the risk of suffering devastating losses in the event of an expropriation through licensing.
Q:
The United States awards the exclusive rights over patentable subjects to the first individual to file an application rather than the inventor of the product or process.
Q:
TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.
Q:
A service mark is a descriptive term that distinguishes businesses rather than their products or services.
Q:
The TRIPS agreement stipulates that trademarks, service marks, and geographical indications must be registered in order to be protected.
Q:
Trademark dilution laws protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur.
Q:
Trademark dilution laws focus on protecting the investment of trademark owners, while traditional trademark laws were intended to protect consumers.
Q:
Briefly describe the main defenses to negligence.
Contributory negligence and assumption of the risk are two traditional defenses to negligence. They are both based on the idea that everyone has a duty to exercise reasonable care for his/her own safety, and that people who fail to exercise such care should not be able to recover because their own behavior helped cause their injuries. Since contributory negligence can produce harsh results, some courts have adopted the doctrine of last clear chance, which holds that even though the plaintiff was negligent, he or she can still recover if it can be shown that the defendant had the "last clear chance" to avoid the harm. Recently, most states have adopted a comparative negligence system, which is seen as fairer because it distributes the cost of the accident according to both plaintiff's and defendant's fault. It may be pure or mixed. Most states have adopted a "pure" comparative negligence system which allows plaintiffs to recover the portion of their losses not attributable to their fault. A few states have adopted a "mixed" comparative fault system under which, plaintiffs are barred from recovery if they are as much or more at fault for their injuries as defendant.
Q:
What is the main difference between recklessness and negligence?
Q:
A patent generally is effective for 10 years from the date of filing.
Q:
While fishing in the lake, George anchored his new motorboat and went ashore to make an important phone call. He accidently left the key in the boat and Jeb stole the boat. While driving the boat recklessly, Jeb hit Angela, who was water skiing and severely injured her. Should George be responsible for Angela's injuries?
Q:
What are the main factors necessary for third parties to claim recovery for negligent infliction of emotional distress?
Q:
____ is a good defense to recklessness.
A. Assumption of the risk
B. Unreasonable danger
C. Contributory negligence
D. Comparative negligence
Q:
Strict liability:
A. does not apply to someone who exercises reasonable care.
B. is described as liability without fault.
C. is a part of contributory negligence.
D. does not relate to intentional torts or negligence.
Q:
Ultrahazardous activities:
A. are defined by federal statutes.
B. are subject to strict liability.
C. only create liability where the defendant fails to act as a reasonable person.
D. only create liability when the defendant fails to exercise utmost care.
Q:
One night, when Henry got home and flipped on the light switch, the kitchen exploded leaving him severely injured. The explosion was caused by the failure of the gas connector to the range, which allowed a large amount of gas to escape, and a small spark created by turning on the light caused it to explode. Henry sued the gas corporation, arguing that it knew the connector was defective but it did not warn its customers. He won the lawsuit on the grounds of:
A. negligence per se.
B. recklessness.
C. strict liability.
D. breach of duty.
Q:
What is meant by proximate cause?
Q:
Which of the following statements is true about recklessness?
A. It is less morally objectionable than negligence, but more than intentional wrongdoing.
B. It is best defended with a plea of contributory negligence.
C. It is more morally objectionable than negligence but less than intentional wrongdoing.
D. It is identical to intentional wrongdoing.
Q:
Which of the following statements is true for assumption of risk?
A. It is not a defense in cases based on strict liability.
B. It is not a defense in cases based on reckless behavior.
C. It must be the product of an explicit agreement between the plaintiff and the defendant.
D. It bars recovery as the plaintiff fully understands the nature and extent of the risk involved.
Q:
Violetta was injured in a bike accident while on a ride with Alfredo, who she knew was intoxicated. A court would regard this as:
A. ultrahazardous.
B. the assumption of the risk.
C. intentional wrongdoing.
D. comparative negligence.
Q:
A defendant is guilty of recklessness when:
A. his/her behavior indicates a conscious disregard for a known high degree of probable harm to another.
B. the risk of harm is lower than the degree of risk that would make an act negligent.
C. he/she commits a highly dangerous act without intent and foreseeable harm.
D. he/she involuntarily exposes himself to an unknown danger created by another's negligence.
Q:
In an act of recklessness, Robert bets his friends that he can drive down a crowded street blindfolded, and ends up striking Tom. Under which of the following circumstances would Tom be barred any recovery from Robert?
A. If Tom had not looked before stepping into Robert's path.
B. If Tom had bet Robert's friends he could run in front of Robert without being hit.
C. If the court had declared Robert' act a foreseeable risk.
D. If Tom had the last clear chance to stay on the curb instead of stepping onto the street.
Q:
The doctrine of _____ holds that even though the plaintiff was negligent, he/she can still recover if it can be shown that the defendant had the last opportunity to avoid the harm.
A. last clear chance
B. negligence per se
C. comparative negligence
D. strict liability
Q:
Which of the following statements is true for both contributory negligence and assumption of the risk?
A. They are defenses adopted to ease the harshness of the comparative negligence system.
B. They are recent defenses to recklessness but not negligence.
C. They are based on the idea that everyone has a duty to exercise reasonable care for his/her own safety.
D. They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm.
Q:
Under a comparative negligence system, if Chez is responsible for 40% of his injuries:
A. he could recover 60% of his damages.
B. he could recover 40% of his damages.
C. he could recover 100% of his damages.
D. he could recover nothing as he exceeds the comparative negligence 30% threshold.
Q:
Under a pure comparative negligence system:
A. plaintiffs who failed to exercise reasonable care are not able to recover.
B. plaintiffs are able to recover the portion of their losses not attributable to their fault.
C. plaintiffs are barred from recovery if they are as much or more at fault for their injuries as the defendant.
D. plaintiffs are able to recover for the full extent of losses from the defendant even if they were well aware of the risks involved.
Q:
If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming, her ____ would prevent her from receiving damages for her injuries from George.
A. comparative negligence
B. breach of duty
C. assumption of risk
D. contributory negligence
Q:
Penny had negligently left marbles on the steps of her house. When Bijou came to visit, she broke her leg by slipping on those marbles and severely damaged her spine. While in the hospital recovering from her fall, her body being weak from all the antibiotics, she readily contracted a viral infection. Under these circumstances, Penny is liable:
A. only for Bijou's viral infection.
B. only for the damage to Bijou resulting from her fall.
C. for injuries sustained by her and also for the viral infection.
D. for neither problem because Bijou should have been careful.
Q:
Negligent persons are generally held jointly liable (along with the negligent physician) for negligent medical care their victims receive for their injuries. This is true according to:
A. the general causation rules
B. res ipsa loquitur
C. negligence per se
D. comparative negligence
Q:
A van from Mario's Squibb Company is damaged by a heavy metal keg, which rolls out of the second floor window of the two storied Toss-Co. Flower building. Toss-Co. Flower is the sole occupant of the building. Although the van was parked under the window while making a delivery at the Toss Co. receiving dock, no one admits to having seen the keg fall, nor are there any witnesses who can state where the keg was just before the accident. Can Mario recover against Toss-Co. for negligence?
A. Mario can recover, but only if it proves in detail how Toss-Co. breached its duty of reasonable care to Mario.
B. Mario can recover if it can prove that kegs do not fall out of windows in the absence of negligence and that Toss-Co. had exclusive control of the keg prior to the accident.
C. Mario will be unable to recover because parking under an open second floor window amounted to contributory negligence.
D. Mario will be unable to recover because parking under an open second floor window amounted to assumption of risk.