1. A(n) ____ warranty is one the law may insert regardless of actual contract terms.

a. implied

b. explicit

c. rapid

d. none of the other choices are correct

e. valid

1. Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when, in reality, she is a very open and honest person. Erin could best sue for:

a. negligence

b. assault

c. false imprisonment

d. battery

e. none of the other choices are realistic

1. If someone comes up behind you and hits you on the head with a brick, you would sue them for the intentional tort of assault.

a. True

b. False

1. To download Nintendo games on the Internet, where others could then copy them freely, is a violation of which intellectual property rights:

a. copyrights

b. trademarks

c. trade secrets

d. none of the other choices; the Internet is public domain

e. patents

1. If a friend is showing you a gun and you are afraid it is loaded and may go off, then there has probably been an assault.

a. True

b. False

1. In a suit for fraud, the plaintiff must establish a good reason to rely on the bad information provided by the defendant.

a. True

b. False

1. Dilution means a seller causes confusion about the origins of a product by improper use of any trademark.

a. True

b. False

1. Since Holiday Inn is a descriptive mark, it receives no protection.

a. True

b. False

1. Due to the requirement of proximate cause, in order for a person to be held liable for negligence it must be shown that:

a. a reasonably prudent person would have foreseen the danger and done something to prevent it

b. the defendant knew or should have known that the victim would be harmed

c. none of the specific choices

d. all of the specific choices

e. the defendant acted with less than reasonable care, despite the foreseeability of harm to the victim

1. Libel involves spoken defamatory communication.

a. True

b. False

1. Intentional torts arise in situations where the person who committed the tort intended to inflict the injury suffered. TRU OR FALSE
2. A person has acted negligently if:

a. they were incapable of reaching the victim before the harm occurred

b. they were not present at the time of the injury

c. none of the other specific choices

d. they admit to not liking the victim

e. they tried to prevent the harm, but could not due to a lack of professional knowledge

1. Intentional torts:

a. only concern actions that inflict harm on humans

b. concern the interference with personal or property rights

c. none of the other choices

d. are based on careless actions of defendants

e. are determined by state statute

1. Copyrights, trademarks and trade names are examples of intellectual property.

a. True

b. False

1. Which of the following is most likely to be an example of an assault?

a. none of the other choices

b. someone bumps into you while walking down the street

c. someone points a gun at you while you are sleeping

d. someone wiretaps your phone

e. someone beats you up in a fist fight

1. The motto "Union Made in the USA" is a:

a. certification mark

b. trade name

c. service mark

d. trade dress

e. trademark

1. If a party accidentally puts in a contract that a house is to sell for $20,000, when it should have said $200,000, the contract is enforceable if both parties signed it.

a. True

b. False

1. The term res ipsa loquitur means:

a. the thing reveals the truth

b. an event was the cause in fact

c. an event was the proximate cause of an injury

d. the thing speaks to the court

e. none of the other choices

1. Patents cases are usually reviewed by the Federal Circuit Court of Appeals.

a. True

b. False

1. In determining if a person's conduct is negligent, the law applies the "subjective person" standard of what is reasonable for that person.