Question
1. To register a trademark a. a trademark lawyer must first be consulted. b. an application must be filed with the U.S. Department of Commerce.
1. To register a trademark
a. a trademark lawyer must first be consulted.
b. an application must be filed with the U.S. Department of Commerce.
c. the trademark must be used at least 6 months before registration.
d. an application must be filed with the U.S. Patent and Trademark Office.
2. Fanciful and arbitrary marks
a. may not be used as trademarks.
b. are the least distinctive trademarks.
c. are the most distinctive trademarks.
d. are subject to the most dilution.
3. A patent of an invention is initially good for
a. 30 years.
b. 20 years.
c. the lifetime of the inventor.
d. the lifetime of the inventor plus 10 years.
4. A copyright is good for
a. the life of the author plus 70 years.
b. the life of the author.
c. the life of an author with children plus the life of the authors eldest child living upon the authors death.
d. the period of time applicable to the particular literary or artistic production.
5. Cybersquatting
a. refers to spoofing a domain name.
b. refers to intercepting emails.
c. refers to internet interruptions.
d. refers to the registration of a domain name confusingly similar to anothers domain name.
6. Employer social media policies
a. are often the subject of state legislation.
b. are disfavored by the courts.
c. are usually upheld by the courts.
d. cannot be used to terminate an employees employment.
7. Employers are permitted to monitor employees electronic communications
a. only if the employees give written consent.
b. in the ordinary course of business on devices the employer provides.
c. only during the first 90 continuous days of an employees employment.
d. only in certain businesses affecting public health, safety or welfare.
8. A dictionary attack
a. means sending messages to randomly generated email addresses.
b. means sending messages to email addresses selected by reference to the Oxford English Dictionary (the OED).
c. means sending messages to email addresses beginning with a certain letter of the alphabet.
d. means any email message threatening a penalty for failure to respond.
9. Strict liability crimes
a. require proof of intent (mens rea).
b. only exist at the federal level.
c. only exist at the state level.
d. do not require proof of intent (mens rea).
10. The Fourth Amendment to the U.S. Constitution
a. protects gun ownership.
b. protects freedom of religion.
c. protects against unreasonable searches and seizures.
d. is not applicable to the states.
11. Public order crimes include
a. arson, embezzlement.
b. public drunkenness, illegal drug use.
c. burglary, murder.
d. forgery, robbery.
12. Entrapment
a. occurs when an officer of the law leads or induces another person to commit a crime.
b. occurs when one prisoner informs on another prisoner.
c. is a defense only to a RICO charge.
d. must be plead as a defense during the first hearing on a criminal charge.
13. The Uniform Commercial Code (UCC)
a. controls the enforcement of all domestic contracts.
b. is a recitation of the common law.
c. has no application to contracts.
d. controls the enforcement of contracts for the purchase and sale of goods.
14. A bilateral contract
a. must be in writing.
b. is not subject to the statute of frauds.
c. is defined as a promise for a promise.
d. must be supported by monetary consideration to be enforceable.
15. A unilateral contract
a. must be in writing.
b. is defined as a promise for an act.
c. is not subject to the statute of frauds.
d. must be supported by monetary consideration to be enforceable.
16. A voidable contract
a. is a contract that one party has the option of avoiding or enforcing.
b. is not actually a contract.
c. cannot be enforced.
d. is considered contrary to public policy.
17. I am of a mind to offer my stamp collection to Bob for sale.
a. Is an offer under the rules of the UCC.
b. Is an example of an option.
c. Is an example of preliminary negotiations.
d. Is an expression of opinion.
18. In general, advertisements, catalogues and price lists are treated as
a. offers.
b. preliminary negotiations.
c. invitations to negotiate.
d. counteroffers
19. In an auction
a. the bidder is the offeree.
b. the bidder is the offerer.
c. the auctioneer is the offerer.
d. the auctioneer must accept the highest bid.
20. A shrink wrap agreement
a. is an agreement whose terms are expressed inside a box in which computer hardware or software is packaged.
b. is an agreement that generally comes separately from the box in which computer hardware or software is packaged.
c. is a term whose meaning varies with the type of product sold.
d. cannot be challenged once the sale of the related computer software or hardware is final.
21. Consideration
a. must be something of ascertainable monetary value.
b. must be something generally agreed upon as having monetary value.
c. must be something of economic value.
d. must be something having legal value.
22. Past consideration
a. will support a present contract.
b. will support a contract for manual labor.
c. is no consideration.
d. will support a contract by and between corporate shareholders.
23. As a general rule
a. courts will scrutinize the adequacy of consideration.
b. courts will not evaluate the adequacy of consideration.
c. only arbitrators in an arbitration may evaluate the adequacy of consideration.
d. adequacy of consideration is barred as an element of litigation under the UCC.
24. Promissory estoppel
a. can be applied in business transactions to prevent unfairness.
b. is inapplicable to business transactions.
c. cannot be used in UCC transactions
d. is an obsolete 19th Century rule of equity.
25. Parents
a. are generally not liable for their minor childrens contracts.
b. are generally liable for their minor childrens contracts.
c. are generally liable for their minor childrens contracts but can disaffirm the contracts if done promptly.
d. are generally liable for contracts entered into by a child at least 16 years of age but no older than 18.
26. Unadjudicated mental incapacity
a. can render a contract voidable.
b. can render a contract void.
c. is subject to a separate court proceeding in a contract action.
d. cannot be used by a plaintiff as a defense to a counterclaim.
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