Q&A Hero

Q: What is an injunction?

Q: Can misappropriation trade secrets account for criminal prosecution?

Q: Explain the characteristics an invention should have to be patentable. To be patentable, it is not enough for something to be appropriate subject matter. An invention must also have certain characteristics. Namely, it must be novel, nonobvious, and useful. An alleged infringer can always defend against an infringement lawsuit by proving that the patent is invalid because the invention is previously known, obvious, or lacks utility.

Q: _____ is a form of expression that criticizes by poking fun at something through exaggeration. Parody B. Fair use D. Misrepresentation E. Infringement The fair use being considered concerns parody, a form of expression that criticizes by poking fun at something through exaggeration.

Q: A. It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. B. It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." C. It prevents circumvention of access protections for such products. D. It prohibits you from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill. The act prevents the production, marketing, or sales of a product or service designed to circumvent technological protections of computer software, videos, and compact disks.

Q: A. consequential damages. B. actual and punitive damages. C. actual damages and injunction. D. double actual damages. E. compensatory damages. Violations of the DMCA permit civil remedies, including injunction, actual damages, and statutory damages.

Q: It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.

Q: A. inventors. B. authors. C. merchants. D. builders. E. retailers.

Q: The Berne Convention addressed international agreements in the area of:

Q: A. royalty. B. permission. C. authorization. D. reparation. E. commission. As a result, U.S. publishers felt free to publish the works of foreign authors without permission or the payment of fees called royalties.

Q: B. The work must show some sort of creativity. C. The work must be fixed in a tangible medium. D. The work may be an intangible original idea. E. The work must be an expression, rather than an invention. The work must be fixed in a tangible medium of expression like a book, canvas, compact disk, hard drive, or flash memory.

Q: Which is not an allowable "fair use" of material? A. Teaching B. Research C. Profits D. Reporting E. Criticism

Q: In determining whether a particular use is a fair one, a court will consider which of the following?

Q: The Anti-Cybersquatting Consumer Protection Act of 1999 provides damages and a transfer of a ________ trademark domain name to its owner if it was registered in "bad faith". A. fair use. famous. D. title. E. profitable The Anticyber-squatting Consumer Protection Act of 1999 provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith."

Q: The fair use of a registered trademark defense was established in the: A. Lanham Act. B. Federal Trademark Dilution Act. C. Economic Espionage Act. D. U.S. Constitution. E. Consumer Protection Act.

Q: Which of the following acts protect a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits, and actual damages? A. Lanham Act B. Consumer Protection Act C. Patent Act D. Intellectual Property Act E. Trademark Dilution Act

Q: What are compensatory damages?

Q: Which of the following is a defense to a charge of trademark infringement? A. The statutory period protecting the trademark has expired. B. There is a good chance of the public being confused. C. The use is for commercial, profitable use. D. The mark is not distinctive. E. The mark or symbol is considerably different.

Q: Civil violation of a trademark or a patent is termed _____. A. breach B. infringement C. repudiation D. copy E. intellectual theft

Q: When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____. A. infringed generic D. distinctive E. substituted A trademark is most likely to become generic (1) when an owner does not defend against unauthorized use and (2) when the public becomes confused as to whether a term refers to a particular product/service or refers to a general class of products/services.

Q: What is the dram shops act?

Q: When are punitive damages applicable?

Q: Peter was riding his motorcycle when he ran into a pothole on the highway and met with an accident. He decided to sue the contractor and the department responsible for building roads for the harm caused to him. Discuss the case.

Q: Regarding strict products liability, name and explain the two types of product defects that give rise to liability.

Q: When does a strict products liability arise?

Q: Explain the doctrine of comparative negligence.

Q: Hagrid and Steward met with an auto accident, which severely injured both parties. The cause of the accident was Hagrid's over speeding and drunken state. Discuss which tort will Hagrid be held liable for, and the damages that Stewart is entitled to.

Q: Explain willful and wanton negligence.

Q: What is proximate cause and how does it affect liability for negligent conduct?

Q: How does injurious falsehood differ from defamation of character? Injurious falsehood consists of the publication of untrue statements that disparage the business owner's product or its quality. As a cause of action, injurious falsehood is similar to defamation of character. It differs, however, in that it usually applies to a product or business rather than character or reputation. The requirements of proof are also somewhat different. Defamatory remarks are presumed false unless the defendant can prove their truth. But in disparagement cases the plaintiff must establish the falsity of the defendant's statements. The plaintiff must also show actual damages arising from the untrue statements.

Q: A student drove a rental car into Mexico although the lease specifically prohibited cross-border driving. The car was destroyed in an earthquake while it was parked in a parking lot in Mexico City. Discuss the rights of the rental company in this case.

Q: Discuss how some torts are crimes, while some are not.

Q: Explain the tort of false imprisonment.

Q: Explain the tort of trespass.

Q: A journalist of an entertainment magazine enters the home of a celebrity without prior permission in the absence of the celebrity. He searches the house for personal information that would not have been published till now, and that can be his big story for the upcoming issue. The next month, the celebrity reads the article published about his personal life, and sues the journalist for defamation. Considering that the facts published by the journalist are true, analyze 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. Analyze how Hickory can sue Ian for spreading rumors.

Q: A man opening a small business, while applying for a loan, intentionally omits the fact that he declared bankruptcy recently and still has bad debts. The bank makes the loan based on the information provided by the man. What type of tort is committed by the man?

Q: Drake Co. has been trying to convince the employees of Thaproban Lt. to break their contracts with Thaproban and join Drake. Drake has offered the employees an attractive salary and is doing so to create internal problems for Thaproban Co. Discuss which tort can Drake be held liable for.

Q: In a fit of a store manager hits a customer with a wrench. Discuss the suit the customer can file against the store manager.

Q: Discuss the difference between assault and battery.

Q: Tracy worked as the personal assistant to James, the marketing head of Hector Co. James had proposed marriage to her, which she turned down. An angry James burdened Tracy with a lot of work, humiliated her in meetings, and made offensive advances that made her feel uncomfortable. Tracy became anxious and worrisome, which resulted in constant headaches, and rising blood pressure due to stress. Eventually, James fired her based on inefficiency. Tracy decides to file a lawsuit against James for the humiliation he caused her. Discuss on what grounds Tracy can recover damages from James.

Q: Punitive damages are also called _____ damages. A. exemplary B. compensatory C. medical D. extensive E. contributory

Q: Which of the following is true of punitive damages? A. Juries award punitive damages to all cases tried and proven for negligence. B. The key to award punitive damages is the degree of suffering by the plaintiff. C. Punitive damages are awarded if the motive of the defendant is proved to be malicious or fraudulent. D. They are also called complementary damages. E. They are awarded only in the case of assault.

Q: Suppliers of defective parts can be prosecuted on the basis of _____. A. assumption-of-the-risk B. trespass C. compensatory negligence D. assault E. strict products liability

Q: Which of the following defenses used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture? A. State-of-the-art B. Statute of repose C. Contributory negligence D. Comparative negligence E. Assumption-of-the-risk

Q: A statute of _____ specifies a period of time following a product sale after which a plaintiff would lose their right to bring a law suit for product related injuries. A. repose B. repast C. repentance D. reproach E. reform

Q: The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called _____ acts. A. contributory negligence B. dram shop C. conversion D. false imprisonment E. statute of response

Q: In the case contributory negligence, the defense of _____ arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another. A. cause in fact B. statute of repose C. comparative negligence D. assumption-of-the-risk E. contractual obligation

Q: Antonio and Fred were playing soccer when Fred accidently kicks Antonio's shin instead of the football during a pass. Antonio is seriously injured and will not be able to play for at least six months. If Antonio sues Fred, which of the following defenses can Fred use? A. Cause in fact B. Assumption-of-the-risk C. Statute of response D. Strict liability E. False imprisonment

Q: Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent? A. Strict liability B. Battery C. Assumption-of-the-risk D. Comparative fault E. Cause in fact

Q: Kylie hosts a party inviting her best friend Minnie as well. Minnie is aware that Kylie has a pet dog, and is also friendly with it. However, during the party, Kylie's dog attacks Minnie, injuring her. Minnie holds Kylie responsible for the attack and files a suit against her. Which of the following defenses can Kylie use against the suit? A. Assumption-of-the-risk B. Statute of response C. Strict liability D. Willful and wanton negligence E. False imprisonment

Q: Strict products liability applies to which of the following parties? A. Medical practitioners B. Commercial sellers C. Accountants D. Media personnel E. Attorneys

Q: A mother watches her child play on the street, when the child is hit by a car while playing, and the mother files a lawsuit for damages against the driver. Which of the following is true of this case? A. The mother can claim punitive and actual damages, since the driver is liable for willful and wanton negligence. B. The mother is liable for punitive damages only and the driver is liable for negligence. C. The mother can claim a part of damages from the driver under comparative negligence. D. The driver is liable for assault and battery, and the mother can claim actual damages. E. The driver will be held liable for proximate causation of the accident.

Q: Which of the following is true of comparative negligence? A. It completely bars the plaintiff from recovering any damages. B. It allows the plaintiff and the defendant to settle the dispute through arbitration. C. It allows the plaintiff to claim only putive damages but not actual damages. D. It allows the plaintiff to claim damages only if a proximate causation is established. E. It compares the plaintiff's and the defendant's fault and reduces the damage award proportionally.

Q: Which of the following is most likely to occur when the proposition of contributory negligence is applied? A. A plaintiff can recover both punitive and actual damages. B. Damages are awarded in proportion to the plaintiff's and the defendant's fault. C. The plaintiff does not recover any damages due to his/her fault that caused the injury. D. Damages are awarded to a plaintiff only if the plaintiff can prove that he or she used proper care for his or her own safety. E. A plaintiff is awarded only punitive damages in case contributory negligence is established.

Q: Which of the following torts 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. Battery E. Defamation

Q: The negligence of professionals is called _____. A. trespass B. malpractice C. battery D. fraud E. assault

Q: Which of the following is an example of wilful and wanton negligence? A. An employer intentionally induces the employees of another company to break the 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 during which the passengers in the car get injured. E. A doctor accidently injects a patient with a wrong medicine, causing the patient to suffer adverse medical reactions.

Q: In a negligence suit, a plaintiff must prove that: A. the defendant actually caused the injury. B. the defendant could have caused the harm. C. the plaintiff knew the potential for injury. D. the defendant has published untrue statements about the plaintiff. E. the defendant had a malicious intent.

Q: Which of the following terms represents the proposition that those engaged in an activity causing negligence are legally liable only for the foreseeable risk that they cause? A. Actual cause B. Proximate cause C. Unforseeable cause D. Negligent cause E. Injurious cause

Q: Which of the following defenses absolutely bars a plaintiff from recovery? A. Comparative negligence B. Contributory negligence C. Partial negligence D. Proximate negligence E. Actual negligence

Q: John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam in whose care the movie is destroyed. What tort did John commit? A. Conversion B. Theft C. Battery D. Trespass E. Invasion of privacy

Q: If an employee steels something from his employer then he is most likely to be prosecuted for the tort of _____. A. conversion B. assault C. trespass D. battery E. invasion of privacy

Q: A _____ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury. A. negligence B. fraud C. conversion D. battery E. assault

Q: Injurious falsehood is sometimes called: A. false imprisonment. B. duress. C. trade disparagement. D. trade discouragement. E. battery.

Q: Which of the following torts consists of the publication of untrue statements that disparage a business owner's product or its quality? A. Assault B. False imprisonment C. Trespass D. Battery E. Injurious falsehood

Q: Written defamation, or defamation published over radio or television, is termed _____. A. hearsay B. libel C. battery D. slander E. assault

Q: Which of the following statements is true concerning defamation? A. Written defamation is called slander. B. If defamation is oral, it is called libel. C. Corporations are not allowed to sue for defamation. D. Defamation suits can be brought by employees against current or former employers. E. News media can be sued for defamation even if the reported statements are true.

Q: The wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another is known as _____. A. trespassing B. disparagement C. conversion D. invasion E. defamation

Q: Which of the following is an example of conversion? A. An employee borrowing the annual report from the firm's library. B. Donald returns Larry's car in the same condition as it was in when he had borrowed it. C. Scott publishes untrue statements about his manager in the company's newsletter. D. Ruth purchases a cell phone from Sandra, not knowing that Sandra stole the cell phone. E. Donna has left her horse in Terry's care, who cares for it and rides it without Donna's permission.

Q: Oral defamation is called: A. gossip. B. slander. C. libel. D. hearsay. E. assault.

Q: Which of the following torts arises from causing someone to be arrested criminally without proper grounds? A. Invasion of privacy B. Battery C. Assault D. Malicious prosecution E. Trespassing

Q: To enter another's land without consent or to remain there after being asked to leave constitutes the tort of _____. A. assault B. malicious prosecution C. battery D. trespass E. invasion of privacy

Q: Customers refusing to leave a store after being asked to do so is an example of _____. A. trespass B. assault C. invasion of privacy D. conversion E. battery

Q: Mega-mart suspects Roberta of shoplifting, solely because she is dressed differently than their typical customer, so store officials detain her. They find nothing improper in Roberta's belongings. Roberta most likely will file a ________ lawsuit against Mega-store. A. malicious prosecution B. battery C. false imprisonment D. trespass E. invasion of privacy

Q: Statner is going through Ray's personal files and finds out that his colleague Ray is being treated to cure depression by a therapist. While Ray has kept this as a secret due to personal reasons, Statner has informed everyone in office about Ray's condition. As a result, Ray faces sympathetic and discriminatory attitudes at work. He decides to sue Statner. Which of the following is true in this case? A. Statner has not committed a tort for which Ray can sue. B. Statner has interfered intentionally with Ray's contractual obligations to the company. C. Statner can be sued for invasion of privacy. D. Statner can be sued for assault and battery. E. Statner has defamed Ray, for which he will be held liable, and will have to pay damages.

Q: Many advertisers and marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In this situation, which of the following torts was committed by the advertisers and marketers? A. Assault B. Defamation C. Battery D. Invasion of privacy E. Malicious prosecution

Q: False arrest is also called: A. tresspass. B. battery. C. invasion of privacy. D. malicious prosecution. E. assault.

Q: The intentional unjustified confinement of a non-consenting person is known as: A. invasion of privacy. B. false imprisonment. C. battery. D. malicious prosecution. E. defamation.

Q: _____ is usually defined as the desire to bring about certain results. A. Tort B. Crime C. Intent D. Negligence E. Duty