1. An action in tort is brought by the district attorney.
2. True
3. False

1.667 points

QUESTION 2

1. A tort is a civil wrong.
2. True
3. False

1.667 points

QUESTION 3

1. All torts are equally wrongful.
2. True
3. False

1.667 points

QUESTION 4

1. The most wrongful torts arenon-intentional torts.
2. True
3. False

1.667 points

QUESTION 5

1. Al yells at Bill "I am going to punch you in the face."When Al yells this, Al is about two inches away from Bill's face and he is threatening Bill with his clenched fist.Al never touches Bill. Bill has a good cause of action against Al for assault even though Al never touched him.
2. True
3. False

1.667 points

QUESTION 6

1. A doctor by mistake amputates the patient's left leg instead of the patient's right leg. The patient doesnothave a good cause of action in battery against the doctor.
2. True
3. False

1.667 points

QUESTION 7

1. Max is walking down the street with Bill.A mugger jumps on Bill and starts fighting with him.Max doesnothave the right to use reasonable force to defend Bill because the mugger never attacked Max.
2. True
3. False

1.667 points

QUESTION 8

1. A merchant operates a hardware store, The merchant sees a man who is in the merchant's store putting packages of batteries in his briefcase in an attempt to shoplift.The merchant has the right to detain the man, call the police and hold the man for a reasonable amount of time until the police arrive.
2. True
3. False

1.667 points

QUESTION 9

1. Jerry thinks Betty is a thief.He is wrong.Betty never stole anything.Jerry never says or writes that Betty is a thief, heonly thinksit.Betty has a good cause of action against Jerry in defamation.
2. True
3. False

1.667 points

QUESTION 10

1. An oral defamatory statement is libel.
2. True
3. False

1.667 points

QUESTION 11

1. A public figure isnotallowed to sue a newspaper for defamation because newspapers always write about public figures.
2. True
3. False

1.667 points

QUESTION 12

1. XYZ Foods, Inc. makes false statements to many people that the food products of Great Foods Corp., which is one of XYZ Foods, Inc.'s competitors contains an ingredient that causes a particular disease.Great Foods Corp. has a good cause of action against XYZ Foods, Inc. in disparagement (which is also called trade libel.)
2. True
3. False

1.667 points

QUESTION 13

1. One element that is required in a fraud cause of action is to prove defendant made a false representation of a material fact.
2. True
3. False

1.667 points

QUESTION 14

1. A thief steals a car that Harold was using.Harold had borrowed the car from Sally the owner of the car.Sally had given Harold permission to borrow and use her car.Harold does not have a good cause of action to sue the thief in conversion because Harold is not the owner of the car.
2. True
3. False

1.667 points

QUESTION 15

1. To be successful in a negligence cause of action, the plaintiff must prove that defendant owed a duty of care to the plaintiff,
2. True
3. False

1.667 points

QUESTION 16

1. In a negligence action, plaintiff must prove that the defendant failed to act as a reasonable person in the position of the defendant would have acted.
2. True
3. False

1.667 points

QUESTION 17

1. The test for causation in a negligence cause of action is causation in fact, not proximate cause.
2. True
3. False

1.667 points

QUESTION 18

1. Mary and Diane are both driving their cars and the two cars collide.There is no damage to either car.Mary and Diane are not injured.No one else is injured.There is no property damage. Mary has a good cause of action against Diane in negligence.
2. True
3. False

1.667 points

QUESTION 19

1. Today, in New York state, contributory negligence is a good defense in a negligence cause of action.
2. True
3. False

1.667 points

QUESTION 20

1. Under the doctrine of assumption of risk,a person who gets sick to his or herstomach from skydiving will not be allowed to recover damages in a lawsuit against the company that provides the skydiving.
2. True
3. False

1.667 points

QUESTION 21

1. Intellectual property refers to property that is developed through manual labor.
2. True
3. False

1.667 points

QUESTION 22

1. At common law, the person who used a symbol or mark to identify a business or product was protected in the use of that trademark.
2. True
3. False

1.667 points

QUESTION 23

1. Trademark dilution laws protect "distinctive" or "famous" trademarks from certain unauthorized uses even when the use is on noncompeting goods or is unlikely to confuse.
2. True
3. False

1.667 points

QUESTION 24

1. Fanciful trademarks are inherently distinctive and include invented words, such as "Google" for search engines.
2. True
3. False

1.667 points

QUESTION 25

1. The patent for an invention is given for a period of fourteen (14) years.
2. True
3. False

1.667 points

QUESTION 26

1. If a patent is found to beobviousin light of current technologyit will qualify for a patent.
2. True
3. False

1.667 points

QUESTION 27

1. Under the America Invents Act, which Congress passed in 2011, the first person to file an application for a patent on a product will receive patent protection (assuming the application for the patent is granted) even if the person who filed the application for the patent was not the first person to invent that product.
2. True
3. False

1.667 points

QUESTION 28

1. An idea may be copyrighted.
2. True
3. False

1.667 points

QUESTION 29

1. Someone who infringes a copyright may be liable for money damages and also, possibly, criminal penalties for willful violations.
2. True
3. False

1.667 points

QUESTION 30

1. Trade secrets may include pricing information, marketing methods and production techniques, and generally anything that makes an individual company unique and that would have value to a competitor.
2. True
3. False

1.667 points

QUESTION 31

1. A felony is a crime punishable bylessthan one year in prison.
2. True
3. False

1.667 points

QUESTION 32

1. Actus Reusrefers to the criminal intent required to commit a crime.
2. True
3. False

1.667 points

QUESTION 33

1. A corporation itself mayneverbe convicted of a crime.
2. True
3. False

1.667 points

QUESTION 34

1. An employee who commits a crime in connection with his work for a corporation because he was ordered by his boss to commit the crime has a good defense to any criminal prosecution for that crime.
2. True
3. False

1.667 points

QUESTION 35

1. Embezzlement is a crime of violence.
2. True
3. False

1.667 points

QUESTION 36

1. The crime of larcenyalwaysinvolves the use of force.
2. True
3. False

1.667 points

QUESTION 37

1. At common law, burglary was defined as "breaking and entering the dwelling of another at night with the intent to commit a felony."
2. True
3. False

1.667 points

QUESTION 38

1. Mail fraud and wire fraud are crimes under state laws and arenotcrimes under federal laws.
2. True
3. False

1.667 points

QUESTION 39

1. RICO is a federal act that provides for both criminal and civil penalties for racketeering.
2. True
3. False

1.667 points

QUESTION 40

1. Henry files for bankruptcy in the United States Bankruptcy Court for the Eastern District of New York.He fills out the required forms which require disclosure of full and complete information about Henry's finances, but in these forms, Henry intentionally does not disclose that he has a bank account in a bank in California with a balance of $200,000.00.Henry's intentional failure to disclose on the bankruptcy forms that he has this account isnota crime.
2. True
3. False

1.667 points

QUESTION 41

1. All contractsmustbe in writing to be enforceable.
2. True
3. False

QUESTION 42

1. Contracts are only important in business and are not important in an individual's personal life.
2. True
3. False

1.667 points

QUESTION 43

1. In contract law, intent is determined by what is called the objective theory of contracts, not by the personal or subjective intent, or belief, of a party.
2. True
3. False

QUESTION 44

1. The offeree is the party who makes an offer to enter into a contract.
2. True
3. False

1.667 points

QUESTION 45

1. A contract does not have to have consideration in order for it to be legally enforceable.
2. True
3. False

QUESTION 46

1. In a contract, the element of considerationmustalwaysinvolve the payment of an amount of money.
2. True
3. False

QUESTION 47

1. A 15 year old teenager may enter into a contract.
2. True
3. False

1.667 points

QUESTION 48

1. William wants his friend Ellen to divorce her husband.William and Ellen enter into an agreement that provides that if Ellen gets a divorce from her husband within one year, William will pay Ellen $10,000.00.Ellen get a divorce from her husband within six (6) months.William refuses to pay Ellen any money.Ellen sues William for $10,000.00 based upon their agreement.Ellen will win this lawsuit.
2. True
3. False

1.667 points

QUESTION 49

1. A contract that has not been fully performed by the parties is called an executory contract.
2. True
3. False

1.667 points

QUESTION 50

1. Quasi contracts are contracts which are implied in law and which are imposed to avoid the unjust enrichment of one party at the expense of another party.
2. True
3. False

1.667 points

QUESTION 51

1. Which is a required element of a legally valid contract?
2. A.Agreement.
3. B.Consideration.
4. C.Contractual capacity.
5. D.All of the above.

1.667 points

QUESTION 52

1. An implied-in-fact contract
2. A.is stated in oral (spoken) words.
3. B.is stated in written words.
4. C.is implied by the court to prevent unjust enrichment.
5. D.is implied from the conduct of the parties.

1.667 points

QUESTION 53

1. Money laundering
2. A.refers to when some people ask banks to exchange old dollar bills for brand new dollar bills.
3. B.is engaging in financial transactions to conceal the identity, source or destination of illegally gained funds.
4. C.Both A and B above.
5. D.None of the above.

1.667 points

QUESTION 54

1. Which of the following is a crime of violence?
2. A.Embezzlement.
3. B.Mail and wire fraud.
4. C.Robbery.
5. D.Bankruptcy Fraud.

1.667 points

QUESTION 55

1. Alvin buys a new suit with his credit card.When he buys he suit, Alvin intends to pay his credit card bill in full at the end of the month when he receives the bill.A week later, Alvin loses his job. As a result of losing his job. Alvin is not able to pay his credit card bill that he receives two weeks after losing his job.Which of the following is true?
2. A.Under the facts presented, Alvin's failure to pay his credit card bill after he used his credit card to buy a new suit constitutes the crime of obtaining goods by false pretenses.
3. B.Under the facts presented, Alvin's failure to pay his credit card bill after he used his credit card to buy a new suit constitutes a criminal fraud.
4. C.Under the facts presented, Alvin's failure to pay his credit card after he used his credit card to buy a new suit is not a crime.
5. D.Both A and B above.

1.667 points

QUESTION 56

1. Which of the following may be patented?
2. A.Machines.
3. B.Abstract ideas
4. C.Laws of nature.
5. D.All of the above.

1.667 points

QUESTION 57

1. Which of the following is true?
2. A."Xerox" is an example of a fanciful trademark
3. B.Quicksilver's use of the stylized "X" mark on certain of its clothing brands is an example of an arbitrary mark.
4. C."Dairy Queen", the name of a company that has food establishments that sell ice cream and other food products, is an example of a suggestive mark.
5. D.All of the above.

1.667 points

QUESTION 58

1. Which of the following is an intentional tort?
2. A.Assault.
3. B.False imprisonment.
4. C.Negligence.
5. D.Both A and B above.

1.667 points

QUESTION 59

1. Which of the following is an example of a statement that would constitute slanderper se?
2. A.A false statement that another person has a particular terrible, contagious disease.
3. B.A false statement that another person has committed improprieties while engaging in a profession or trade.
4. C.A false statement that another person has committed a serious crime.
5. D.All of the above.

1.667 points

QUESTION 60

1. Mr. Harris owns a bar.One night, the bartender who was working in the bar continued to serve a customer alcoholic drinks, even though the customer was obviously intoxicated.When the customer left the bar, he drove his car and caused a car accident that seriously injured Mrs. Green.Mrs. Green
2. A.has a good lawsuit against Mr. Harris.
3. B. does not have a good lawsuit against Mr. Harris because Mr. Harris was not the bartender who served the customer who caused the accident.
4. C.has a good lawsuit against the bartender who served the customer who caused the accident.
5. D.Both A and C above.