Reference no: EM131323295

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

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