Chapter 6-10:

1. True or False?

_____a. Assumption of the risk, if proven by defendant, prevents a plaintiff from recovering for negligence.

_____ b. To be successful in a negligence lawsuit, the plaintiff is not required to have suffered injury or damages, as long as plaintiff proves that defendant owed plaintiff a duty of care and breached that duty.

_____ c. Defendant's conduct in a negligence lawsuit is measured by applying a reasonable person standard.

_____ d. The causation element in a negligence lawsuit requires plaintiff to prove causation in fact and proximate cause

_____ e. Puffery or sales talk is not fraud.

_____ f. Defamation is one person's use of another's name without permission.

1. Cathleen was riding her bicycle on a paved bike path and had an accident with another cyclist. Cathleen's $10,000 bicycle was destroyed in the accident. The jury determined that Cathleen was 20 percent at fault and the other cyclist 80 percent at fault.

a. How much, if anything, would Cathleen be able to recover for the bicycle

in a state that follows the rule of comparative negligence?

b. How about in a state that follows the rule of contributory negligence?

Questions 3 :

1. Ron, the manager of Deep Discount Store, detains Tom, whom Ron suspects of shoplifting. Tom sues Ron, alleging that the detention was false imprisonment. Ron may be liable if Tom

a.did not actually shoplift.

b.had probable cause to leave the premises.

c.had not shoplifted in the past.

d.was detained for an unreasonably long time.

e.was a regular customer in the store.

1. Ann is shopping in Beth's Food Store when a bottle of Carbonated Cola explodes, injuring Ann. Ann files a lawsuit against Delta Company, the bottler of the Cola, from whom she can likely recover if she can show that she:

a.did not assume the risk of the exploding bottle

b.used due care in shopping in the store

c.was injured due to a defect in the product

d.intended to buy the exploding bottle

e.was a regular shopper in this store

1. Plaintiff files a lawsuit against a company, alleging injury based on strict product liability. Which of the following is TRUE?

a.the plaintiff must prove the existence of a duty

b.the plaintiff must prove that she misused the product

c.the plaintiff must prove her case with a preponderance of the evidence

d.the plaintiff must prove her case beyond a reasonable doubt

e.the plaintiff must prove that she purchased the product

1. Copy Time, Inc. uses, in its ads, a trademark that is similar to, but not identical to, a distinctive mark used by Fast Accurate Copy, Inc. Copy Time, Inc. may be liable for

a.copyright infringement

b.patent infringement

c.trademark infringement

d.theft of trade secrets

e.intentional infliction of emotional distress

1. Party Corporation hacks into System Company's computers and downloads confidential business pricing data. There is no contract between Party Corporation and System Company regarding the data. This is likely:

a.copyright infringement

b.patent infringement

c.trademark infringement

d.theft of trade secrets

e.intentional infliction of emotional distress

1. Cathy uses, on her new recording Drive By, the melody of a song written by Earl, without Earl's permission. This is likely:

a.copyright infringement

b.patent infringement

c.trademark infringement

d.theft of trade secrets

e.intentional infliction of emotional distress

1. Smith is professor at XYZ Law School. One night, she is reviewing a newly published, copyrighted 1, 800 paging book written by Gilbert Jones. She finds a three-page section discussing material she will cover in class the following week. Professor Smith photocopies the 3pages and distributes them to all 100 of her students. One of her students is a cousin of Gilbert Jones, and she shows her cousin the copy Professor Smith gave to the class. If Gilbert Jones sues Professor Smith for copyright infringement, who is likely to win and why?

a.Smith is likely to win based on the fair use doctrine.

b.Smith is likely to win because photocopying pages of a book is never copyright

infringement.

c.Smith is likely to win because law school professors are always allowed to photocopy pages of a book.

d.Jones is likely to win because Smith has engaged in copyright infringement.

e.Jones is likely to win because Smith is earning a profit from his work.

1. In a criminal case, the standard of proof to find a defendant guilty is:

a.beyond all doubt

b.beyond a reasonable doubt

c.clear and convincing evidence

d.a preponderance of the evidence

e.a clear and present danger

1. Ben wrongfully takes a new, unopened carton of iPads from a loading dockoutsideBest Buy, puts the carton in his car and drives away. No one else is present when Ben does this. Ben has likely committed the crime of:

a.burglary

b.forgery

c.larceny

d.robbery

e.embezzlement

1. Bait 'n Tackle Corporation switches trademarks on products that it buys to sell to consumers. This is likely:

a.burglary

b.forgery

c.larceny

d.robbery

e.embezzlement

1. Someone who takes personal property from someone else's home, when the homeowner is not home, and after entering without authorization,

has most likely committed:

a.burglary

b.forgery

c.wire fraud

d.robbery

e.embezzlement

1. Alan, the president of AMC Company, and Conner, AMC's accountant, are charged with a crime, after the police search AMC's offices. Under the exclusionary rule:

a.certain AMC records are excluded from subpoena by the government

b.certain parties to a criminal action may be excluded from a trial

c.Alan's conduct outside of AMC Company is excluded from a trial

d.evidence obtained in violation of the Fourth Amendment will be excluded from a trial

e.persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury

1. Which of the following is TRUE about crimes?

a.Criminal liability exists only if there is a criminal act that causes some harm to a person or to property.

b.A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime.

c.Torts always accompany crimes, and the victims of those torts always bring civil cases.

d.Corporations are not people, and therefore, can never incur criminal liability.

e.Thinking about committing a crime and taking no action on those thoughts may still be a crime.

1. Which of the following is most likely an incident of cybersquatting?

a.A company sending unsolicited emails every day to another company.

b.A company uses a domain name that includes its registered trademark.

c.Company 1 uses a-domain name that is confusingly similar to the registered trademark of Company 2, with the intent of selling the domain name to Company 2.

d.A website offers software that facilitates the illegal copying of movies-and television programs.

e.John posts online comments about Sue that are false and damage Sue's reputation

Match the terms with the definitions below:

a. Cyber torts

g. Meta tags

b. Patent

h. Malpractice

c. Duress

i. Domain name

d. Dram shop acts

j. Statutes of repose

e. Spam

k. Fair use exception

f. Counterfeit goods

l. Typosquatting

17.____Registering a name that is a misspelling of a popular brand, such as googl.com or apple.com.

18.____Unsolicited junk email.

19.____Part of an internet address.

20.____Key words that give internet browsers specific information about a web page.

21.____Torts that arise from online conduct.

22.____Allows a person or organization to reproduce copyrighted material without paying royalties.

23.____Grant from the government that gives an inventor certain exclusive rights for twenty years.

24.____Goods that are not genuine trademarked goods.

25.____Require claims within a certain time period of the date of sale or manufacture of a product.

26.____Bartender may be held liable for injuries caused by an intoxicated person drinking at the bar.

27.____Professional negligence.

28.____Wrongful threat of one person that induces another person to perform an act that he or she would not otherwise have performed.