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Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You

  1. Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of:

a. trespass to personal property

b. nuisance

c. mental distress

d. trespass to property

e. invasion of privacy

  1. The fair use rule allows us to use some copyrighted works without prior permission, and without paying royalties.

a. True

b. False

  1. As a general rule, any defense to an intentional tort is also available in a negligence action.

a. True

b. False

  1. Companies that suffer from sales of counterfeit goods may request assorted federal authorities take action against the sellers of the goods, but may do nothing directly.

a. True

b. False

  1. One of the hindrances to economic progress in poor countries may be:

a. the presence of secure property rights

b. the lack of tort law

c. the lack of secure property rights

d. the presence of an overly strict tort law

e. the inability to establish trusts

  1. Eminent domain means:

a. the government must build housing for the poor

b. owners of other property make a legal claim against public land

c. land is registered to its private owner

d. the government may force the sale of private property

e. the use of property is controlled by zoning

  1. What allows exclusive control over original written works, musical compositions, art and photography; including control over reproduction, display and derived works:

a. copyrights

b. patents

c. servitudes

d. trademarks

e. trade names

  1. There is currently a system made up of a mix of ____ and tort law applying to products.

a. felony law

b. conciliatory law

c. none of the other choices are correct

d. business negotiations

e. civilian law

  1. Some contracts must be in writing and signed to be enforceable. Contracts that are covered by the statute of frauds include:

a. contracts for vehicles

b. promises to pay the debt of another

c. contracts for the sale of personal property

d. none of the other choices

e. contracts that must be performed within a year

  1. Fraud occurs whenever there is any false information passed to the party being induced to enter into a contract.

a. True

b. False

  1. The Statute of Frauds holds that if you are going to paint my house two years from today, the contract should be in writing.

a. True

b. False

  1. Option contracts are binding promises to keep a specific offer open to a specific party for, say, one month.

a. True

b. False

  1. Conduct is likely to be held to be negligent if:

a. it creates an unreasonable risk of harm to others

b. it creates incentives for people to harm others' property

c. none of the other choices

d. it results in misappropriation

e. it results in profits for a business at the expense of its employees

  1. Once the shoe company Nike obtained a trademark for a line of shoes called Shox, no other company was allowed to use that name for any product.

a. True

b. False

  1. Zoning laws are typically used to:

a. decide what kinds of buildings may be built where

b. control population density

c. control the quality of construction

d. provide green zones

e. all of the other choices

  1. The orange exterior of Home Depot stores is an example of:

a. a patent

b. a trade dress

c. none of the other choices are correct

d. a service mark

e. a certification mark

  1. If you make an offer to sell a product to a person who is already buying the product from another party, you have interfered with contractual relations and will be liable in tort.

a. True

b. False

  1. "Chicken of the Sea" is an example of a suggestive trademark.

a. True

b. False

  1. The sophisticated user defense:

a. relieves a manufacturer of liability for failing to warn of a product's characteristics or dangers when "the end user does not know of a product's dangers"

b. none of the other choices are correct

c. limits damage awards to less than $100,000 when "the end user knows or reasonably should know of a product's dangers"

d. does not relieve a manufacturer of liability for failing to warn of a product's characteristics or dangers when "the end user knows or reasonably should know of a product's dangers"

e. limits damage awards to less than $1 million when "the end user knows or reasonably should know of a product's dangers"

  1. Trade secrets:

a. are protected by having employees agree by contract not to divulge them

b. must be confidential and not based on general knowledge gained in the course of employment

c. all of the other choices

d. are protected by tort law

e. include information not known by competitors, that if had by competitors would cause the business to lose its advantage

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