Question
1.Pete is really steamed (angry) at Don, so Pete writes a letter to Don's ex-wife Betty, calling her all sorts of nasty names, and he
1.Pete is really steamed (angry) at Don, so Pete writes a letter to Don's ex-wife Betty, calling her all sorts of nasty names, and he signs Don's name to this letter. When Betty receives the letter, she confronts him, points an air rifle at him, and shoots him in the buttocks as he tries to run away. Don is mystified, but the truth comes out. What intentional tort is NOT in evidence?
Select one:
a. Assault
b. Battery
c. Misappropriation
d. Invasion of right to privacy
2.Bert mistakenly put out his cigar on the back of Pete's head. (Don't ask.) Pete sues Bert for simple negligence. How will the duty of care be determined?
Select one:
a. Reasonable person (RP) standard
b. Reasonable professional (RS) standard
c. Either RP or RS
d. Neither RP nor RS
3.Bert carelessly leaves his lit cigar in his car, which catches fire. Harry is walking by, when Pete "moons" him (shows Harry his naked buttocks) from the balcony of his nearby apartment. When Harry sees Pete's butt, he faints and falls onto the flames from the burning car, suffering serious injuries. Harry sues both Bert and Pete for negligence. Does Harry win?
Select one:
a. Yes, as to Bert
b. Yes, as to Pete
c. Yes, as to both Bert and Pete
d. No
4.Megan is starring in a Broadway play when Harry implies to others that she got the role by performing "favors" for the director. Enraged, Megan confronts Harry and knees him hard in the groin. Police arrest Megan and the public prosecutor brings criminal charges, and Harry sues for assault/battery. If both matters go to trial, what proof will the State of California need for a judgment?
Select one:
a. Preponderance of the evidence
b. Clear and convincing evidence
c. Evidence beyond a reasonable doubt
d. Evidence beyond all doubt
5.President Trump wants to round up "undesirables" and torture them until they confess to all their wicked deeds. Is this okay?
Select one:
a. No: 5th Amendment
b. No: 6th Amendment
c. No: 8th Amendment
d. Yes
6. Megan has invented a formula for a new perfume, "Hot/Beautiful/Sexy" (or H/B/S) which she owns as her trade secret. Trudy hacks Megan's computer and finds the formula, and then starts manufacturing and marketing the same perfume under a different name. Both Megan and the federal government want to sue Trudy for stealing a trade secret. Who CANNOT?
Select one:
a. Megan in a civil action for damages
b. Megan in a civil action for an injunction
c. Government in a civil action for damages
d. Government in a criminal action for penalties
7.Harry has written some cool, new computer software called Puccini, which gives smartphones a simulated AI capability. (Puccini and iPhone's Siri are rumored to be dating.) Ordinary consumers are amazed, but computer software developers think that any coder could have some up with the idea. Harry runs down to the US Patent and Trademark Office (USPTO) for a utility patent. Is he likely to have his application approved?
Select one:
a. No: not novel
b. No: not useful
c. No: not nonobvious
d. Yes
8.Betty has patented her famous "Gang of Four Select" herbal tea. Betty invented it in 2012. She filed her patent application in 2013. She received her patent in 2014. When does this patent expire?
Select one:
a. 2026
b. 2027
c. 2032
d. 2033
Roger has written a magisterial account of the advertising business, entitled One for the Road. Roger wrote the book in 2015, published it in 2016, and registered the copyright in 2017. In 2018, Roger sold the rights in the book to a publishing house. Then, in 2019, Roger sadly passed away after attempting to fly from the roof of the firm while he was on an acid trip. When will the copyright protection for the book expire?
Select one:
a. 2089
b. 2110
c. 2111
d. 2135
10.Pete has some unique ideas about men's fashion, and he has invented a new kind of tear-away suit. He has also come up with an insanely lewd and immoral picture to mark this suit, and he runs down to the USPTO to protect his idea. If this picture is distinctive and nonsimilar, what kind of protection will Pete receive?
Select one:
a. Trademark (TM)
b. Service mark (SM)
c. Either TM or SM
d. Neither TM nor SM
11.. Where did six seconds of "Choir" later reappear?
Select one:
a. Stairway to Heaven
b. Boogie Nights
c. Pass the Mic
d. Anarchy in the UK
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