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Q:
Trade dress refers to a color or shape associated with a product or service.
Q:
If a trademark becomes generic or if it loses its distinctiveness, it also loses its status as a protected trademark.
Q:
The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.
Q:
A patent is a legal monopoly in copying and marketing a new invention.
Q:
Design patents apply to the appearance of an article of manufacture, unrelated to its function.
Q:
Under patent law, even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year grace period).
Q:
Trademarks indicate a specific producer.
Q:
LinkedIn is an example of a service mark.
Q:
Innocently acquiring a secret from another without knowledge of their theft is generally misappropriation.
Q:
Any private individual or a public firm can bring a case under the Economic Espionage Act (EEA).
Q:
Although various state laws make intentional trade secret misappropriation a crime, most criminal prosecutions today take place under the federal Economic Espionage Act (EEA).
Q:
Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors.
Q:
Trade secrets are required to be unique.
Q:
If, through your own effort, you are able to recreate the same information that another considers to be a trade secret, a misappropriation has occurred.
Q:
Employers can only enforce a covenant not to compete if they have a valid business purpose for doing so.
Q:
An injunction is an order by a judge either to do something or to refrain from doing something.
Q:
Misappropriation occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.
Q:
Intellectual property systems presume that the long-term benefits of increased information and investment are greater than the short-term costs.
Q:
The protections of property often do not apply automatically to ownership of intangible knowledge resources that are created.
Q:
Once information is in the public domain, an intellectual property right can be applied to recapture it.
Q:
To qualify as a trade secret, any form of knowledge protected must have economic value.
Q:
To protect information as a trade secret, the information must actually be secret, and the business must take reasonable measures to keep it so.
Q:
Who are the individuals protected under copyright laws?
Q:
Discuss the laws governing file-sharing of copyrighted materials.
Q:
What is the Digital Millennium Copyright Act?
Q:
What are the sources for international standards for the protection of intellectual property rights?
Q:
The justification for intellectual property is the same as for the private property system.
Q:
Briefly explain compensatory damages.
Q:
What are the problems that arise when calculating compensatory damages?
Q:
How does providing insurance undermine arguments for awarding punitive damages against companies for their economic activities?
Q:
What are dram shop acts?
Q:
When are punitive damages awarded by courts?
Q:
Briefly explain the two types of product defects that give rise to strict products liability.
Q:
When does strict products liability arise?
Q:
Briefly explain the strict liability of common carriers for damage to goods being transported by them.
Q:
Briefly explain willful and wanton negligence.
Q:
What is proximate cause and how does it affect liability for negligent conduct?
Q:
What are the elements of negligence?
Q:
Briefly explain the doctrine of comparative negligence.
Q:
Briefly explain the two affirmative defenses to a negligence claim.
Q:
Peter meets with an accident when riding his motorcycle on a highway because of a pothole. He decides to sue the contractor and the department responsible for building roads for the harm caused to him. Briefly discuss the case.
Q:
A student drives a rental car into Mexico although the lease specifically prohibits cross-border driving. The car is destroyed in an earthquake while it is parked in a parking lot in Mexico City. Briefly discuss the rights of the rental company in this case.
Q:
Briefly discuss how some torts are crimes, while some torts are not.
Q:
Briefly explain the tort of false imprisonment.
Q:
Briefly explain the tort of trespass with examples.
Q:
Harriet and Stewart meet with an accident, which severely injures both parties. The cause of the accident is Harriets speeding and drunken state. Discuss which tort will Harriet be held liable for and the damages that Steward is entitled to.
Q:
DL Corp. tries to convince the employees of ProFit Corp. to break their contracts with ProFit and join DL. DL offers the employees an attractive pay and does so to create problems for ProFit Corp. In this case, discuss the type of tort that DL Corp. can be held liable for.
Q:
How does injurious falsehood differ from defamation of character?
Q:
A journalist working for a weekly magazine sneaks onto the property of a celebrity who is not at home. He takes pictures through a bedroom window and they are published in the upcoming issue of the magazine. When the celebrity reads the article published about his personal life, he sues the journalist for defamation. Considering that the facts published by the journalist are true, discuss how the celebrity can bring a successful lawsuit against the journalist and the magazine.
Q:
Hickory and Ian had been business partners but have now separated due to a disagreement. Ian, with an intention of taking revenge, spreads rumors about Hickory being a cheat and an unreliable business partner. How can Hickory sue Ian for spreading such false rumors?
Q:
While applying for a loan, Hilary intentionally omits the fact that she declared bankruptcy recently and still has bad debts. The bank processes the loan based on the information provided by her. What type of tort has Hilary committed?
Q:
Which of the following statements is true of punitive damages?
A. Juries award punitive damages to all cases tried and proven for negligence.
B. The key to the award of punitive damages is a defendants motive.
C. Punitive damages are awarded depending on the degree of suffering endured by a plaintiff.
D. Punitive damages are awarded if a defendant agrees to a rescission.
E. Punitive damages are awarded to a plaintiff only in cases of assault.
Q:
Name and explain the three main categories of torts.
Q:
In a fit of anger, a store manager hits a customer with a wrench. Discuss the suit the customer can file against the store manager.
Q:
Briefly discuss the difference between assault and battery.
Q:
Tracy works as a personal assistant to James, the marketing head of Hector Corp. James proposes to Tracy, but she turns down the proposal. James then burdens Tracy with a lot of work, humiliates her in meetings, and makes offensive advances that make her feel uncomfortable. Tracy becomes anxious and worrisome, which results in constant headaches and rising blood pressure due to stress. Eventually, James fires her citing her inefficiency as the reason. Tracy decides to file a lawsuit against James for the humiliation he caused her. Briefly discuss how Tracy can recover damages from James in this case.
Q:
A ______ specifies a period of time following a product sale after which a plaintiff would lose his or her right to bring a law suit for product-related injuries.
A. statute of repose
B. statute of repast
C. statute of repentance
D. statute of reproach
E. statute of reform
Q:
The acts imposing strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons are called ______ acts.
A. contributory negligence
B. dram shop
C. conversion
D. ultrahazardous activity
E. statute of repose
Q:
Which of the following statements is true of strict products liability?
A. It only applies to the sale of unreasonably dangerous defective products.
B. A product does not need to be defective for strict product liability to be applicable.
C. It does not apply to commercial sellers.
D. It is applicable only when a product has more than one usage.
E. It protects businesses from economic losses due to defective products.
Q:
Which of the following is a defense under strict products liability?
A. contributory negligence
B. assumption of the risk
C. comparative fault
D. comparative responsibility
E. rescission
Q:
The purpose of compensatory damages is to
A. punish a defendant.
B. make a plaintiff whole again, at least financially.
C. punish a plaintiff for contributory negligence.
D. reward a plaintiff for voluntary assumption of risk.
E. make an example out of a defendant.
Q:
Punitive damages are also called ______.
A. exemplary damages
B. compensatory damages
C. comparative damages
D. extensive damages
E. contributory damages
Q:
FG Tires Corp. supplies 2000 tires to a car manufacturing company of which 100 are defective. In this case, FG Tires is most likely to be prosecuted on the basis of ______.
A. assumption of risk
B. comparative responsibility
C. compensatory negligence
D. contributory negligence
E. strict products liability
Q:
One of the tort reforms proposed or passed by the states includes providing for the presumption of reasonableness defense in product design cases in which the product meets ______.
A. the state-of-the-art
B. the statute of repose
C. comparative fault
D. comparative responsibility
E. assumption of risk
Q:
Caroline invites Kylie, her colleague, to her house. Caroline legally owns a baby alligator as a pet. While she is visiting, the alligator escapes its cage and bites Kylie. In this case, which of the following statements is most likely to be true?
A. Kylie cannot sue Caroline as she assumed the risk voluntarily.
B. The court is likely to impose contributory negligence on Caroline.
C. The court is likely to impose strict liability on Caroline.
D. Kylie can only sue Caroline if the incident occurred outside Carolines house.
E. Caroline can use the assumption of risk defense to prove that she is not guilty.
Q:
Strict products liability applies to ______.
A. medical practitioners
B. retail sellers
C. accountants
D. media personnel
E. attorneys
Q:
Under comparative principles, a plaintiffs contributory negligence
A. does not bar recovery.
B. relieves a defendant from any liability for injury to the plaintiff.
C. leads to assumption of the risk.
D. increases the amount of damages to be paid by a defendant.
E. creates a case for only nominal recovery.
Q:
Which of the following statements is true of comparative negligence?
A. It completely bars a plaintiff from recovering any damages.
B. It requires a plaintiff and a defendant to settle their dispute through arbitration.
C. It allows a plaintiff to claim only punitive damages but not actual damages.
D. It allows a plaintiff to claim damages without establishing proximate causation and causation in fact.
E. It compares a plaintiffs fault with a defendants and reduces the damage award proportionally.
Q:
The ______ defense arises from a plaintiffs knowing and willing undertaking of an activity made dangerous by the negligence of another.
A. causation in fact
B. implied-in-fact
C. comparative negligence
D. assumption-of-the-risk
E. fraud
Q:
Antonio and Fred are playing soccer when Fred accidently kicks Antonios shin during a pass. Antonio is seriously injured and is unable to play for at least six months. If Antonio sues Fred, which of the following defenses is Fred most likely to use?
A. cause in fact
B. assumption-of-the-risk
C. statute of repose
D. strict liability
E. proximate cause
Q:
______ is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent.
A. Strict liability
B. Negligence
C. Assumption of risk
D. Comparative fault
E. Cause in fact
Q:
One of the applications of proximate cause doctrine to cases where a plaintiff sues for negligence require:
A. the plaintiff and a defendant to agree to an arbitration.
B. the injury to be caused directly by a defendants negligence.
C. the injury to be caused by a defendants comparative fault.
D. the plaintiff to prove a defendants contributory negligence.
E. a defendant to prove that he or she assumed the risk voluntarily.
Q:
The contributory negligence defense allows a defendant to
A. reduce damages awarded a plaintiff who has played a role in causing his/her injury.
B. absolutely bar a plaintiff from recovery, if the plaintiff contributed to his/her own injury.
C. request for rescission as a legal remedy.
D. disqualify a plaintiff from petitioning for a writ of certiorari.
E. prevent the judge from applying ratio decidendi.
Q:
Which of the following is one of the primary defenses to an allegation of negligence?
A. comparative responsibility
B. duty of care
C. proximate causation
D. causation in fact
E. unreasonable behavior
Q:
Jack injures his ankle and is taken to a hospital. Airi, a doctor, applies a cast to Jacks injured ankle. Airi warns Jack not to exert pressure on his injured leg until the cast is removed. Jack ignores Airis advice and injures his leg again when playing basketball while still having the cast. Jack files a malpractice suit against Airi claiming that she did not set the cast properly. Which of the following defenses is Airi most likely to use in this scenario?
A. contributory negligence
B. private necessity
C. retaliation
D. absolute truth
E. consent
Q:
The negligence of professionals is called ______.
A. trespass
B. malpractice
C. battery
D. fraud
E. assault
Q:
Which of the following acts is an example of willful and wanton negligence?
A. An employer intentionally induces the employees of another company to break their employment contract.
B. A politician delivers a speech defaming a public figure using false statements about that person.
C. A newspaper publishes articles about the personal life of a celebrity.
D. A drunk driver meets with an accident causing injury to the passengers in that car.
E. A doctor injects a patient with a high dosage of steroids causing the patient to suffer from adverse side effects.
Q:
In a negligence suit, a plaintiff must prove that
A. a defendant actually caused the injury.
B. a defendant could have caused the harm.
C. a defendant knew the potential for injury.
D. a defendant has published untrue statements about the plaintiff.
E. a defendant had a malicious intent.
Q:
Which of the following terms represents the proposition that a negligent party is legally liable only for the foreseeable risk that they cause?
A. actual cause
B. proximate cause
C. establishment cause
D. negligent cause
E. injurious cause
Q:
______ takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.
A. Negligence
B. Assault
C. Trespass
D. Racketeering
E. Conversion