Question 16
Tax laws passed by Congress may be "crushing" in impact on business, according to the Supreme Court, and still be constitutional.
True
False
Question 17
The Miranda rights include being told that a person being accused of a crime has the right to be represented by counsel.
True
False
Question 18
Intervening conduct is similar to superseding cause in negligence cases.
True
False
Question 19
In James v. Bob Ross Buick, where a car dealership sent letters to customers over James's signature after he had been fired, the appeals court held that James had no suit for invasion of privacy because he was not a private person for work purposes.
True
False
Question 20
In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that there was no tort because there was no malice or physical injury despite the fact that Fuerschbach did not like it.
True
False
Question 21
The offer of money or the taking of money, or other things of value, to influence official actions is called bribery.
True
False
Question 22
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.
True
False
Question 23
The enforcement of criminal statutes is completely removed from politics.
True
False
Question 24
Libel involves spoken defamatory communication.
True
False
Question 25
All crimes are felonies.
True
False
Question 1
When considering the risk-utility balance, courts consider:
the extent of the manufacturer's investment in making a safe product
the profit of the manufacturers against the rate of consumer injury
the safety standards within the manufacturing plant
the level of consumer education needed to safely use the product
none of the other choices are correct
Question 2
The Supreme Court of California in Greenman v. Yuba Power led in adopting a general rule:
imposing strict liability in tort
making the consumer prove the manufacturer's negligence
allowing protection for manufacturers who did not warrant perfection of their products
of strict liability in case of express warranty of safety
none of the other choices
Question 3
An example of a generic trademark is:
Clorox
Dairy Queen
Bufferin
Raisin Bran
none of the other choices
Question 4
Fact Pattern 8-1
Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view.
Refer to Fact Pattern 8-1. When Jill purchases the beach-front land, the ownership rights in this land will be transferred to her in:
a covenant
an easement
a deed
a suretyship
a remainder
Question 5
Which of the following is a drawback to patents:
the application process is easy
the application process is cheap
the application process is not time-consuming
the application process is time-consuming
all of the other specific choices are correct
Question 6
Musical compositions make up about what percent of the copyrights issued each year:
25%
90%
100%
50%
10%
Question 7
Which of the following is a drawback to patents:
the application process is easy
the application process is cheap
the application process is not time-consuming
the application process is technical
all of the other specific choices are correct
Question 8
A joint tenancy is one in which:
two or more persons have equal interests in the property with rights of joint survivorship
two or more persons have equal interests in the property with no right of survivorship
one person owns all the interests in the property, but two people will inherit equal shares when the current tenant dies
one person owns all the interests in the property and has designated who will inherit it when the current tenant dies
none of the other choices are correct
Question 9 The right of possession of the property and the right to exclude others from the use of the property are two examples of rights normally possessed by:
the government
the state legislature
the holder of title to the property
the holder of deed to the property
none of the other choices are correct
Question 10 The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use:
a cost-benefit analysis
strict liability when any injury is inflicted
a risk-utility balancing
the rule of negligence
none of the other choices
Question 11
In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that:
Kulig was not liable because Smith was a trespasser
Kulig was not liable because there was no obligation to have a fire escape
Kulig was liable because building maintenance was inadequate
Kulig was liable because a property owner has an obligation to provide safe premises for tenants and their invited guests
none of the other choices
Question 12
The title to property is:
another word for a covenant
a right to use some land some time, for a limited purpose
non-transferable
the formal right of ownership
the government's right to restrict use of privately held land
Question 13
Among the forms of intellectual property, copyrights are:
one of the easiest forms of protection to obtain
a weak form of protection
considered to have the least commercial value
all of the other specific choices
none of the other choices
Question 14
Which of the following is not required to be shown in a successful action on the theory of strict liability in tort?
the product was defective
the defect created an unreasonably dangerous product
the producer acted negligently in producing the item
the defect was the proximate cause of the injury
all of the other choices must be shown to be successful
Question 15
A trademark may be a:
logo
word
design
phrase
all of the other choices
