Question
11. Each of the below is one of the 4 main goals of the Administrative Practices Act 5 U.S.C. 500 et seq. EXCEPT for: a.Require
11. Each of the below is one of the 4 main goals of the Administrative Practices Act 5 U.S.C. 500 et seq. EXCEPT for:
a.Require Agencies to keep the public informed of their organization, procedures, and rules
b.Define the Scope of Judicial Review
c.Provide for public participation in the rulemaking process
d.Provide guidelines for the passage of law
12. There are a total of ____ Federal Appeals Courts
a.11
b.12
c.13
d.14
13. Before 1891, all district court appeals went to the_______________ .
a.Appellate Courts
b.Supreme Court
c.Courts of Appeal
d.Federal Courts
14. When looking at the anatomy of the a lawsuit, Discovery typically comes after:
a.The filing of the complaint
b.The appeal
c.The Trial
d.The Cross Examination
15. The Federal Rules of Civil Procedure and the Federal Rules of Evidence cover the following elements of a lawsuit (select all that apply).
a.How to commence, file, and serve complaint
b.Rules for what evidence is admissible
c.Rules for Jury selection
d.What the filings must contain and look like
16. In order for a Federal Court to have jurisdiction over a state court to hear a case, there must any one of the following (select all that apply)
a.A Federal Question
b.Diversity
c.Patent Law Issue
d.State Law Issue
17. In a diversity case, venue can be determined in any of the below EXCEPT in:
a.a district where any defendant resides if all the defendants reside in the same state
b.the district where a substantial part of the events giving rise to the claim occurred
c.the district in which any defendant is subject to personal jurisdiction if there is not district in which the claim can otherwise be brought
d.the district where witnesses are subject to subpoena or where companies are located
18. In a legal proceeding, a settlement can occur:
a.After the complaint
b.Anytime before a final verdict
c.During Discovery
d.Before Closing Arguments
19. The UCC differs from the restatement in the following ways (select all that apply)
a.It deals with goods
b.It is codified in all 50 states
c.It deals with services
d.Is high level and is not detailed
20. The UCC applies to:
a.Realtors selling real estate
b.Merchants selling goods
c.People selling personal services
d.Engineers selling Civil Designs
21. True or False: A Sole Proprietorship is formed by filing a form with the Secretary of State
22. True or False: A Voidable contract is one that neither party can enforce, usually because the purpose is illegal or one of the parties had no legal authority.
23. The following can terminate an offer EXCEPT:
a.Acceptance
b.Rejection
c.Counteroffer
d.Option Contract
24. The corporate veil can be pierced by any of the following EXCEPT:
a.The Corporation is dominated by one or small group of shareholders that treat it as a personal bank
b.Corporate formalities are not observed
c.The Corporation is not profitable
d.The Corporate Agent seeks to avoid consequences of bad acts by hiding behind corporate form
25. Consideration can be in the form of (select all that apply):
a.something of value
b.Money, Goods
c.Services
d.Agreement to do or not do something
26. According to the Statute of Frauds, the following contracts need to put in writing EXCEPT for:
a.Anything involving land/real estate
b.Contracts that can't be performed in a year
c.Sale in excess of $500
d.Contract for a 6 month service contract
27. Performance can be excused under a contract for the following reasons (select all that apply):
a.Destruction of an Essential Element
b.Unexpected Hardship
c.Frustration of Purpose
d.Waiver
28. True or False: Compensatory damages compensate you for the actual losses that you have suffered.
29. All the below are elements of Negligence EXCEPT for:
a.A duty of Care
b.Breach of the Duty
c.Actual Cause
d.Proximate Cause
30. Res Ipsa Loquitur in the legal context means:
a.Detrimental Reliance
b.It speaks for itself
c.Breach of Contract
d.Intentional Tort
31. True or False: Contributory Negligence occurs when someone is aware of the risks and decides to engage in the activity anyway.
32. The following entities offer limited liability except for:
a.LLC
b.S-Corp
c.Partnership
d.C-Corp
33. True or False: The key difference between the Tort of Fraud and the Tort Negligent Misrepresentation is the speaker's knowledge of the actual falsity of the statement.
34. The Elements of False Advertising are (Select all that apply):
a.False, misleading, or deceptive
b.Reasonable consumers must be confused or misled
c.False statements must be material
d.A competitor causes you to break your contract with your employer
35. True or False: If a product is inherently dangerous, then the manufacturer can decide whether or not to warn the consumer.
36. True or False: Typically, if you invent something in the scope of your job in the corporate world, your royalty percentage of profits would be 40%.
37. The life of a patent is ____ years from the filing date:
a.10 years
b.15 years
c.20 years
d.25 years
38. The following are examples of Prior Art (select all that apply):
a.Journal Article that is enabling
b.Prior patent application
c.Enabling Presentation at a public meeting
d.Public use or offer to sell in the US
e.Prior Discovery by another
39. If you do make a public disclosure that is enabling before filing a patent, you will only be able to file in the following countries within a year from the disclosure date:
a.USA
b.Mexico
c.Europe
d.Canada
40. The following are basic statutory requirements in order for a patent to be obtained:
a.Complicated Subject Matter
b.Subject Matter must be Novel
c.Non-Obvious Subject Matter
d.Subject Matter must fit within the classes of patentable subject matter
41. Select all true statements.
a.Only Specs can be invalidated
b.Claims can't Infringe
c.Products can be infringed
d.Specs can't infringe
e.Only claims can be infringed
f.Products can't be infringed
42. Infringement Analysis involves (select all that are true):
a.Comparing claims to prior Art
b.Comparing claims to Patent Specifications
c.Comparing claims to products
d.Comparing claims to Drawings
43. Infringement Analysis involves (select all that are true)::
a.Comparing claims to prior Art
b.Comparing claims to Patent Specifications
c.Comparing claims to products
d.Comparing claims to Drawings
44. The following are subject Matter of Copyright EXCEPT:
a.Literary work
b.Industrial Manufacturing Methods
c.Motion Pictures
d. Computer Software Code
45. Copyright gives the holder several exclusive rights including (Select All that Apply):
a.right to reproduce the copyrighted work
b.right to prepare derivative works based upon the copyrighted work
c.right to distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending
d.right to perform the copyrighted work publicly
46. Examples of fair use include the following EXCEPT for:
a.reproduction of copyright for the purpose of criticism
b.reproduction of copyright for the purpose of profit
c.reproduction of copyright for the purpose of teaching
d.reproduction of copyright for the purpose of research
47. Today, the term of the copyright is the life of the author plus___________ years.
a.95
b.120
c.105
d.70
48. True or False: The primary purpose of Trademark is to identify the origin of goods or services
49. As long as the Trademark is in use in commerce, the term limit is ______ years.
a.14 years
b.20 years
c.life of the author + 105 years
d.infinite
50. When you have a federally registered trademark, you should mark the trademark with the following symbol.
a.
b.SM
c.TM
d.
All the following questions are based on the image below
51. What is the first priority date of the patent?
52. What was the filing date of the patent?
53. What is the priority date of US 15/678,037?
54. Who was the patent assigned to?
55. What is the publication date of US 2017/033918A1?
56. What date was the application granted?
57. What date was US 10,405,473 published?
58. What is the expiration date of US 10,405,473?
59. What was the date of the office action for US 13/922,653?
60. What eventual patent number did US 13/922,653 get?
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