QUESTION 25

Jacob Epstein copies Martin Amis' book, The Rachel Papers, in its entirety, and sells it to Penguin Books without Amis' permission. Penguin publishes the book under Epstein's name. This is

	a.	copyright infringement.
	b.	fair use.
	c.	licensing.
	d.	protected expression.

2 points

QUESTION 26

Operating hisautomobile in a negligent manner,David Spade drives his automobile into a street lamppost. The lamppost becomes dislodged and smashesintothe side of a home, killing James Dean.But for David's negligent driving,James would not have died. Regarding the death, the crash is

	a.	the proximate cause.
	b.	the cause in fact.
	c.	the intervening cause.
	d.	the superseding cause.

2 points

QUESTION 27

MargaretHamilton, a programmer for Apollo, is placed under arrest at Apollo headquarters on suspicion of theft. Margaret must be informed of her right to

	a.	remain silent.
	b.	a trial by jury.
	c.	question witnesses.
	d.	punishment.

2 points

QUESTION 28

Tucker Carlson has been charged with engaging in criminal conduct. Tucker is able to decline to provide any information about his alleged criminal activities

	a.	if the information is not "fruit of the poisonous tree."
	b.	under any circumstance.
	c.	if the police do not promise to keep the information confidential.
	d.	if he suspects the information will be used to prosecute him.

2 points

QUESTION 29

As a prank, KiariCephus takes possession of BelkalisAlmanzar's Business Law textbook and hides it. Kiari keeps the text from her so that she cannot find it during the day before her Business Law exam. Kiari returns the Business Law text to her two daysafter the exam. Kiari may have committed

	a.	disparagement of property.
	b.	trespass to personal property.
	c.	conversion.
	d.	appropriation.

2 points

QUESTION 30

Rudolph Giulianicreates a considerable disturbanceat Katz's Deli in Manhattan. As a result of his actions, Rudy is placed under arrest and charged with trespassing and vandalism, both misdemeanors. A misdemeanor is a crime punishable by

	a.	imprisonment up to ten days.
	b.	a fine only .
	c.	imprisonment up to six months .
	d.	imprisonment up to one year .

2 points

QUESTION 31

In recording their song, "Blurred Lines," artists Robin Thickeand Pharrelluse the melody of a song written by the deceased artist, Marvin Gaye. Thicke and Pharrell did not obtainpermission from Marvin Gaye's estate to use the melody. Thicke and Pharrell's actions can be considered

	a.	copyright infringement.
	b.	patent infringement.
	c.	trademark infringement.
	d.	none of the choices.

2 points

QUESTION 32

Albert Anastasia invites BugsySiegal to a meal at Sparks Steakhouse. Anastasiabelieves that he was overcharged and shoves Carmine Galante, the waiter. Galantesues Anastasia, alleging that the shove was a battery. Anastasia is liable

	a.	under no circumstancesthere was no physical injury.
	b.	if the shove was offensive.
	c.	if Anastasia acted out of malice.
	d.	if Spark's did not actually overcharge Anastasia.

2 points

QUESTION 33

EmanuelHerrera, a BestBuy employee, takes an iPadAirTablet from BestBuy'sstorage roomto his home. He does this without anyone's consent. EmanuelHerrera is liable for

	a.	conversion.
	b.	wrongful interference with a business relationship.
	c.	appropriation.
	d.	benefiting an employee.

2 points

QUESTION 34

Under which of the following Amendments listed below does one have a right to a speedy trial,a trial by jury,and the right to counsel.

	a.	Sixth
	b.	First
	c.	Eighth
	d.	Seventh

2 points

QUESTION 35

Ralph Ellison buys the novel "Beloved." After having read the book, Ralph sells the book to his cousin Toni. His sale of the book is

	a.	illegal.
	b.	legal only if he sells it for less than he paid for it.
	c.	legal.
	d.	legal only if the copyright has expired