Question 6:To be granted patent protection, the device for which a patent is sought does not have to be:

(a)Genuine

(b)Novel

(c)Useful

(d)Easy to assemble

Question 7:Copyrights are most often granted to the creators of:

(a)Literary or artistic works

(b)Secret fonnulas

(c)Devices or processes

(d)Machines

Question 8:One of the factors that prevents many patent holders from being awarded a pennanent injunction against a patent infringer is:

(a)A desire that their works be used to benefit humanity

(b)Proving that the patent holder has suffered irreparable injury

(c)The difficulty in determining whether a competing device actually infringes the patent

(d)The many loopholes in the federal patent laws

Question 9:The doctrine of"fair use":

(a)Permits limited reproduction of copyrighted material

(b)Requires that authors report their uses of copyrighted material to the government

(c)Specifies very precise guidelines as to the amount of copyrighted material that may be used

(d)Does not restrict the use of copyrighted material for purposes such as criticism, news reporting and teaching

Question 10: With regard to criminal cases, which of the following statements are true?

(a)Tort remedies (remedies for civil wrongs) are generally intended to compensate the injured

(b)Criminal law is directly concerned with punishing the wrongdoer

(c)Criminal defendants may be sued by their victims in tort

(d)Both (b) and (c)

Question 11: A felony may be punishable by death or imprisonment for more than:

(a)One year

(b)Five years

(c)Ten years

(d)None of the above

Question 12: Common misdemeanors include:

(a)Assault and trespassing

(b)Disorderly conduct and arson

(c)Trespassing and disorderly conduct

(d)Petty theft and third-degree felonies

Question 13 : Petty offenses include such things as:

(a)Traffic violations and building code violations

(b)Trespassing and building code violations

(c)Disorderly conduct and traffic violations

(d)None of the above

Question 14:Which of the following is not an example of white collar crime?

(a)Bribery

(b)Moneylaundering

(c)Assault

(d)Embezzlement

Question 15: Picking pockets may be distinguished from robbery by the fact that picking pockets:

(a)Usually does not involve the use ofa weapon

(b)Is not usually noticed by the victim

(c)Involves large amounts of money

(d)None of the above

Question 16: A thief may be liable for larceny ifhe or she steals:

(a)Computer time

(b)Trade secrets

(c)The use of telephone wires

(d)All of the above

Question 17: To be held criminally liable, one who receives stolen goods must know:

(a)The identity of the owner

(b)The identity of the thief

(c)That the goods are stolen

(d)Both (a) and (b)

Question 18: Embezzlement may be distinguishedfromlarcenyby the fact that embezzlement may be committed:

(a)Without carrying away the property

(b)Without acquiring lawful possession of the property

(c)By use of threat or force

(d)None of the above

Question 19: The crime of bribery occurs when :

(a)The bribe is offered

(b)The bribe is accepted

(c)The favor for which the bribe is given is performed

(d)None of the above

Question 20: The defense of duress may be raised if the threatened harm:

(a)Involves personal disgrace

(b)Is greater than the harm that will result from the crime

(c)Might manifest itself in the near future

(d)Is directed at one who was an accomplice in a different crime

Question 21: The defense of duress will never provide a defense to criminal liability for:

(a)Rape

(b)Assault

(c)Homicide

(d)Arson

Question 22: To raise a successful defense of entrapment, a defendant must prove that:

(a)A government agent suggested that the crime be committed

(b)A government agent pressured the defendant into committing the crime

(c)The defendant was not predisposed to commit the crime

(d)All of the above

Question 23:According to the exclusionary rule:

(a)Persons who have biases that would prevent them from fairly deciding a case may be excluded from the jury

(b)Certain business records may be protected from subpoena by the government

(c)Illegally obtained evidence must be excluded from consideration in a trial

(d)Certain parties to a criminal action may be excluded from a trial Question 24: To find criminal liability, most crimes require:

(a)Preparation to commit the crime and commission of the crime

(b)Commission of, or an attempt to commit, the crime and the intent to commit the crime

(c)Preparation to commit the crime and intent to commit the crime

(d)Both (b) and (c)

Question 25: One of the greatest potential cyber crimes that involves little effort and with less risk than other crimes is :

(a)Employees of accounting and compute r departments transferring monies among accounts

(b)People stealin g computer equipment

(c)People stealing or using, without authorization , proprietary data or trade secrets in an unauthorized manner

(d)Both (a) and (c)

Question 26: BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company . BurgerBoyNY does not obtain ownership rights in the mark. This is:

(a)Goodwill

(b)Fair use

(c)A license

(d)A safe harbor

Question 27: April and other employees of Bodegas & Bistros, Inc. (28 ), maintain a password protected social media page to "vent about work." When 28 learns of the page, the company intimidates April into revealing the password, and after reviewing the posts, fires her and the other participants. Most likely, this is:

(a)A violation of the Stored Communications Act

(b)Within 2B's rights as an employer

(c)A subject for dispute resolution by the communications providers that the employees' page uses

(d)A "business-extension exception" under the Electronic Communications Privacy Act

TRUE- FALSE:

Question 28: The value of a patent can be rendered worthless due to the high costs of detecting, prosecuting, and monitoring patent infringers. (T or F)

Question 29: A service mark is used to distinguish products produced by the federal government from those produced by private corporations. (T or F)

Question 30: Customer lists and pricing information are generally considered to be trade secrets. (T or F)

Question 31: A trademark is a form of intellectual property protected by federal law. (T or F)

Question 32: A patent process infringement case may proceed only if all features or parts of an invention are copied. (T or F)

Question 33: It is possible to copyright an idea. (Tor F)

Question 34: A felony is punishable by death or by imprisonment in a federal or state penitentiary for more than five years. (T or F)

Question 35: The actual illegal act that results in criminal liability is known as mens rea. (T or

F)

Question 36: The crime of forgery may only be committed by signing without authorization the name of a person to the back of a check made out to that person. (T or F)

Question 37: Larceny may be distinguished from robbery by the fact that larceny relies on stealth while robbery relies on fear and force. (T or F)

Question 38: Embezzlement may be distinguished from robbery by the fact that embezzlement may be committed without removing the stolen property from the possession of another. (T or F)

Question 39: The crime of bribery is actually committed when the recipient agrees to perform whatever action is desired by the person tendering the bribe. (T or F)

Question 40: Insanity may serve as a defense to a criminal charge. (T or F)

Question 41: The defense of entrapment is intended to prevent the police from setting a trap for an unwary criminal. (T or F)

Question 42: Under the exclusionary rule, all illegally obtained evidence must be included in any criminal prosecution. (T or F)