How is a copyright different from a patent

Assignment Help Business Law and Ethics

Reference no: EM13789307

1 .Under the __________ doctrine, damages are apportioned according to fault.

A. contributory negligence

B. comparative fault

C. proximate cause

D. assumption of risk

2. __________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

A. Causation in fact

B. Point of reason

C. Point of appropriation

D. Proximate cause

3 . At what stage of the criminal procedure is the accused asked to enter a plea?

A. when the accused is being booked

B. when the accused is taken to an arraignment

C. when the accused is being arrested

D. while an indictment or information statement is being issued

4. The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as __________.

A. libel

B. res ipsa loquitur

C. Good Samaritan law

D. duty of care

5. Which of the following would be considered a type of intellectual property?

A. a building

B. a vehicle

C. a business contract

D. a patent

6. The tort of defamation of character requires a plaintiff to prove that the defendant __________.

A. publicized a private fact about the plaintiff

B. insulted people closely related to the plaintiff, such as family or friends

C. published an untrue statement of fact about the plaintiff to a third party

D. made one or more financial deals with the plaintiff under a false identity

7. How is a copyright different from a patent?

A. Copyrights are applied for inventions, while a patent is applied for tangible writings.

B. Patents have a limited term period, while copyrights carry lifelong terms.

C. Patents fall under the federal law, while copyrights fall under state law.

D. Copyrights should be novel and useful, while patents need not be so.

8. Harley was on his way home when an assailant forced him to stop his car and then threatened to physically harm him if he ever saw him drive on that street again. Harley can sue the assailant to recover damages for __________.

A. assault

B. battery

C. libel

D. disparagement

9. Making false statements about a competitor's products, services, property, or business reputation could make a company liable for __________.

A. intentional misrepresentation

B. tort of appropriation

C. disparagement

D. misappropriation of the right to publicity

10. The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, or other business property is considered __________.

A. larceny

B. perjury

C. burglary

D. assault

11. A collection of criminal statutes is referred to as a __________.

A. constitution

B. bill

C. charter

D. penal code

12. __________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.

A. General intent

B. Non-intent

C. Specific intent

D. Explicit intent

13. __________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

A. Invasion of the right to privacy

B. Tort of appropriation

C. Defamation of character

D. Disparagement

14. In trademark terms, what is acquiring secondary meaning?

A. when a mark that resembles a mark already registered with the federal PTO is used for a new product or service

B. when descriptive words are used that have no direct relevance to a product or service

C. when ordinary words establish new meaning due to their attachment to a product or service

D. when a distinctive mark or design is created for a new product or service

15. Harvey was at his college reunion where he noticed Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond mentioned, Harvey punched him in the face and broke his jaw. Harvey is liable for __________.

A. breach of duty of care

B. disparagement

C. battery

D. assault

16. __________ include environmental laws, securities laws, and antitrust laws, and provide for criminal violations and penalties.

A. Regulatory statutes

B. Constitutions

C. Charters

D. Resolutions

17. Which of the following does the Money Laundering Act prohibit?

A. the fraudulent conversion of property by a person to whom that property was entrusted

B. obtaining property from another with the wrongful use of actual or threatened force

C. the use of mail or wires to defraud another person

D Knowingly engaging in a financial transaction

18. In order to claim damages for negligence per se, the plaintiff has to prove that___________.

A. the defendant was in exclusive control of the situation

B. the plaintiff was within a class of people meant to be protected by the violated statute

C. the defendant made a false representation of material facts

D. the plaintiff was affected by malicious character statements made by the defendant.

Reference no: EM13789307

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