10 Multiple choice questions

1.A defense that says that a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.

A.

Contributory Negligence (Plaintiff Partially at Fault)

B.

Comparative Negligence (Plaintiff Partially at Fault)

C.

Generally Known Dangers (Defenses to Product Liability)

D.

Government Contractor Defense (Defenses to Product Liability)

2.A defect that occurs when a manufacturer fails to (1) assemble a product properly, (2) test a product properly, or (3) check the quality of the product adequately.

A.

Defect in Manufacturing (Product Defect)

B.

Failure to Warn (Product Defect)

C.

Defect in Packaging (Product Defect)

D.

Defect in Design (Product Defect)

3.A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

A.

Punitive Damages (Strict Liability)

B.

Intentional Misrepresentation (Fraud; Product Liability)

C.

Negligence (Product Liability)

D.

Failure to Warn (Product Defect)

4.can be asserted as a defense to a product liability action. To apply this, the defendant must prove that (1) the plaintiff knew and appreciated the risk and that (2) the plaintiff voluntarily assumed the risk.

A.

Assumption of the Risk (Defenses to Product Liability)

B.

Crashworthiness Doctrine (Defect in Design/Product Defect)

C.

Comparative Negligence (Plaintiff Partially at Fault)

D.

Contributory Negligence (Plaintiff Partially at Fault)

5.A statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.

A.

Failure to Warn (Product Defect)

B.

Statutes of Limitations

C.

Strict Liability (Product Liability)

D.

Defect in Manufacturing (Product Defect)

6.A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, regardless of fault.

A.

Strict Liability (Product Liability)

B.

Intentional Misrepresentation (Fraud; Product Liability)

C.

Defect in Manufacturing (Product Defect)

D.

Defect in Packaging (Product Defect)

7. All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction. A.

Abnormal Misuse of a Product (Defenses to Product Liability)

B.

Chain of Distribution (Product Liability/Strict Liability)

C.

Generally Known Dangers (Defenses to Product Liability)

D.

Intentional Misrepresentation (Fraud; Product Liability)

8. Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff. A.

Punitive Damages (Strict Liability)

B.

Negligence (Product Liability)

C.

Failure to Warn (Product Defect)

D.

Defect in Packaging (Product Defect)

9.A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

A.

Failure to Warn (Product Defect)

B.

Failure to Provide Adequate Instructions (Other Defects/Product Defect)

C.

Defect in Packaging (Product Defect)

D.

Defect in Manufacturing (Product Defect)

10.An alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

A.

Statute of Repose

B.

Defect in Manufacturing (Product Defect)

C.

Statutes of Limitations

D.

Supervening Event (Defenses to Product Liability)

10 Multiple choice questions

1.a federal statute that protects famous marks from dilution, erosion, blurring, or tarnishing

A.

Federal Patent Statute

B.

No Electronic Theft Act (NET Act)

C.

Copyright Revision Act

D.

Federal Dilution Act

2.a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection

A.

collective mark

B.

certification mark

C.

service mark

D.

generic name

3.a federal statute that (1) establishes the requirements for obtaining a copyright and (2) protects copyrighted works from infringement

A.

Federal Patent Statute

B.

Federal Dilution Act

C.

Copyright Revision Act

D.

No Electronic Theft Act (NET Act)

4. anyone can publish the work without paying the prior copyright holder A.

public domain

B.

service mark

C.

trade secret

D.

generic name

5. writings that can be physically seen A.

tangible writings

B.

reverse engineering

C.

secondary meaning

D.

fair use doctrine

6.a doctrine that says a patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application

A.

copyright infringement

B.

intellectual property rights

C.

fair use doctrine

D.

one-year "on sale" doctrine

7. a distinctive mark, symbol, name, word, motto or device that identifies the goods of a particular business A.

trade secret

B.

trademark infringement

C.

service mark

D.

trademark

8.1982, special federal appeals court that hears patent appeals from federal courts concerning patent issues, promotes uniformity in patent law

A.

one-year "on sale" doctrine

B.

U.S. Court of Appeals for the Federal Circuit

C.

intellectual property rights

D.

certification mark

9. a mark that is used to certify that a good or service is of a certain quality or originates from a particular geographical area A.

service mark

B.

generic name

C.

patent infringement

D.

certification mark

10.a federal statute that makes it a crime for a person to willfully infringe on a copyright work that exceeds $1,000 in retail value

A.

Copyright Revision Act

B.

Federal Patent Statute

C.

No Electronic Theft Act (NET Act)

D.

American Inventors Protection Act

10 Multiple choice questions

NAME

1. created a federal Congress composed of representatives; adopted in 1778; eventually done away with by the US Constitution because it was very weak

A.

Bill of Rights

B.

Equal Protection Clause

C.

Articles of Confederation

D.

First Amendment

2. an amendment added to the US Constitution in 1868 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses

A.

Bill of Rights

B.

First Amendment

C.

Indian Gaming Regulatory Act

D.

Fourteenth Amendment

3. the part of the US government that interprets the law; consists of the Supreme Court and other federal courts; established in Article III of Constitution

A.

judicial branch

B.

Commerce Clause

C.

legislative branch

D.

Supremacy Clause

4. a clause of the US Constitution that grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes"

A.

commercial speech

B.

Supremacy Clause

C.

Commerce Clause

D.

Due Process Clause

5. speech that (1) appeals to the prurient interest; (2) depicts sexual conduct in a patently offensive way; and (3) lack serious literary, artistic, political, or scientific value

A.

unprotected speech

B.

commercial speech

C.

obscene speech

D.

police power

6. a clause of the First Amendment that prohibits the government from either establishing a state religion or promoting one religion over another

A.

US Constitution

B.

Establishment Clause

C.

Free Exercise Clause

D.

checks and balances

7. power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare

A.

reserved powers

B.

police power

C.

judicial branch

D.

executive branch

8. a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal

land, allows Native Americans to negotiate with the states for gaming compacts and ensures that the states do so in good faith

A.

Fourteenth Amendment

B.

Articles of Confederation

C.

Indian Gaming Regulatory Act

D.

First Amendment

9. clause of the First Amendment that prohibits the government from interfering with the free exercise of religion in the United States

A.

US Constitution

B.

Establishment Clause

C.

checks and balances

D.

Free Exercise Clause

10. speech that cannot be prohibited or regulated by the government A.

interstate commerce

B.

unprotected speech

C.

commercial speech

D.

fully protected speech