61.) What would a person whose claim includes administrative remedies need to show in order to avoid the court dismissing the case for failure to exhaust all administrative remedies?

A. Exhaustion would be useless.

B. The appeals would make the applicant suffer irreparable harm.

C. The administrative agency has exceeded its authority.

D. All of the above are correct.

62.) The Federal Communications Commission v. AT&T, Inc. case held:

A. that AT&T was barred for establishing a monopoly.

B. that AT&T, while a "legal" person, does not enjoy the same right to privacy that an individual enjoys.

C. that the Federal Communications Commission exceeded its authority under its enabling statute.

D. none of the above.

63.) The evidentiary standard used in administrative hearings is

A. beyond a reasonable doubt.

B. clear and convincing.

C. preponderance of the evidence.

D. probable cause.

64.) If an administrative regulation seems to have a disparate impact on a group of people based on race, courts will likely apply the following test to such regulations:

A. Rational basis.

B. Strict scrutiny.

C. Heightened scrutiny.

D. Discriminatory basis.

65.) The President has the following powers over an independent agency:

A. Rule-making authority.

B. Monetary authority.

C. Removal of the agency head.

D. Appointing the agency head.

66.) In an effort to promote CD sales, Electric Music, a retail store, played various CD's throughout the day. Electric Music has violated the copyrights on the CDs since the use of the music is commercial. True or False

67.) Recent litigation between Apple and Samsung illustrates that international patent litigation can lead to often confusing and mixed results because

A. United States patent law trumps over other countries' patent laws.

B. The United Nations has yet to adopt formal patent laws.

C. Patent laws vary from country to country.

D. Samsung is a Korean company, so Korean patent law controls.

68.) Nylah is a nylon stocking manufacturer. She seeks call her company "Nylon Stockings" and seeks to trademark the name so that other companies cannot use those words. This attempt would likely fail due to the proposed mark being

A. arbitrary.

B. suggestive.

C. descriptive.

D. generic.

69.) Which of the following most likely constitutes an infringement of a copyrighted computer program?

A. Making a backup disk for a word-processing program.

B. Copying a program to enable the owner to use it on his or her machine.

C. Copying a program to enable others in the office to use the program.

D. All of the above constitute copyright infringement.

70.) Can a color, by itself, be registered as a trademark?

A. Yes, if it is an unusual color.

B. Yes, if it has attained a secondary meaning.

C. Yes, if it is one of the colors listed in the Lanham Act.

D. No because colors cannot be registered as a trademark.