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1 Daniel is a scientist and has developed a new chemical that, when sprayed, helps extend the life of vegetables and fruits. Which of the
1 Daniel is a scientist and has developed a new chemical that, when sprayed, helps extend the life of vegetables and fruits. Which of the following is a TRUE statement for Daniel: A. If Daniel sells his chemical for a fair price, others using it are not violating copyright law because of the first sale doctrine. B. If Daniel obtains a patent, it is valid for twenty years from the date of his application. C. Daniel should apply to the Patent and Trademark Office for a trademark of his chemical, which will last ten years and is renewable every ten years. D. Daniel should apply to the Patent and Trademark Office for a patent, which will last his life, plus 70 years. QUESTION 2 On Monday, Barry and Hilda orally agreed to a sale of Barry's computer to Hilda for a price of $400. They agreed to make the exchange on Friday. Which of the following is true: A. When Hilda shows up on Friday with the $400 and Barry gives her the computer, they will have completed a unilateral contract. B. If Hilda does not show up with the $400 on Friday, Barry cannot sue for breach of contract because she was not obligated to be there. C. The contract between Barry and Hilda is not enforceable because the law does not recognize oral contracts. D. The contract between Hilda and Barry for the exchange of $400 for the computer is a bilateral contract. QUESTION 3 Bill and Steve planned their wedding at Great Gardens for summer 2020. Because of COVID, the state they are in passed a rule that banned events of more than 20 people. Bill and Steve called Great Gardens to cancel the wedding party, and Great Gardens responded by suing them for breach of contract. Which of the following false about this lawsuit: A. Bill and Steve can argue that the doctrine of impossibility applies, and their performance can be excused. B. Great Gardens should argue that Bill and Steve did not substantially perform their contract obligations. C. In a breach of contract lawsuit, Great Gardens would recover money damages from Bill and Steve, if they win. D. Great Gardens can sue for breach of contract, even though the date for performance has passed. QUESTION 4 Jerry is a lifelong basketball fan. He hired basketball legend LeBron James to give him 10 personal basketball lessons for $1000. Which of the following is a true statement: A. The contract need not be in writing to be enforceable because it could be performed within a year. B. The contract must be in writing to be enforceable because it involves a deal over $500. C. The contract must be in writing to be enforceable because it is a contract for personal services. D. The contract need not be in writing to be enforceable because they are friends. QUESTION 5 Jim needed a ride home from school last week, so he asked his neighbor Sally for ride. Sally agreed and told Jim to meet her in front of the campus bookstore. After class, Jim went to the bookstore per their agreement but Sally never showed up. Jim was very angry and wants to sue Sally for breaching their contract. Which of the following is a true statement about Jim and Sally: A. Jim and Sally did not enter into an enforceable contract because the arrangement lacks consideration. B. Jim and Sally did not enter into an enforceable contract because the parties did not reach a mutual agreement. C. Jim and Sally's contract is enforceable if they put the terms in writing. D. By law, Sally must first consider other offers before agreeing to the deal because this type of contract falls within in the Statute of Frauds. QUESTION 6 Evan sued Bob's Bakery in a negligence lawsuit, after Evan slipped, fell, and broke his hip while at Bob's Bakery. Evan had to miss two weeks of work to recover from the injury. The jury found that Evan was the winner in the lawsuit. Which of the following is false about Evan v. Bob's Bakery lawsuit. A. Evan is the civil plaintiff and Bob's Bakery is the civil defendant. B. The jury can award compensatory damages to Evan cover his medical expenses, as a result of the slip and fall. C. The jury can award reliance damages to cover Evan's time missed form work, as a result of the slip and fall. D. In his negligence lawsuit, Evan must prove that Bob's Bakery owed him a duty of care. QUESTION 7 Allen's Auto Repair fixed the lights on Michelle's car, however, Allen did not install the correct type of lights. After Michelle left the Repair shop, she crashed into a telephone pole that she did not see because her lights were not on properly. In a lawsuit of Michelle v. Allen's Auto Repair, which of the following is incorrect. A. As a customer, Allen's Auto Repair owed Michelle a fiduciary duty of care, to act in the highest level of good faith toward Michelle. B. Allen's failure to use the correct kind of lights in Michelle's car, was the proximate cause of Michelle's crashing into a telephone pole. C. After Michelle's crashed into a telephone pole, Allen's Repair Shop should be liable because this harm was foreseeable. D. Allen's Repair Shop will be liable for compensatory damages to Michelle, for any injuries she suffered after crashing into the telephone pole. QUESTION 8 Ernie had a visit with Dr. Gilmore. After the visit, Ernie Tweeted, "Dr. Gilmore a phony and should not practice medicine. The guy is a grade-A loser." The following day, ten patients of Dr. Gilmore left the practice. Which of the following statements accurately describes a potential lawsuit and its likely outcome? A. Dr. Gilmore will be successful in a defamation lawsuit because Ernie, as a patient, had a duty to his doctor, Dr. Gilmore, to only write truthful statements. B. Dr. Gilmore will lose a defamation lawsuit because Ernie wrote only his opinion about Dr. Gilmore. C. Dr. Gilmore will lose a defamation lawsuit because he cannot prove actual malice, a required element of a defamation lawsuit. D. Dr. Gilmore will be successful in a claim for defamation because Ernie made a false statement of fact about Dr. Gilmore. QUESTION 9 Tina writes her own music lyrics and hopes to become famous one day. This year, she wrote her own Christmas song called "Pandemic Christmas." She has the lyrics printed out and made a YouTube video of herself. She has heard that she should talk to lawyer about "intellectual property law." What is a true statement for Tina: A. The Patent and Trademark Office will issue Tina a trademark if it determines her lyrics are original. B. The Digital Copyright Millennium Act prevents Tina from posting her video on YouTube. C. Tina can apply for a copyright on her song lyrics through the Library of Congress. D. Tina cannot copyright her lyrics until she has used them "in commerce," a requirement of copyright law
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