jenndub71 posted a question
Sam's Structures wants to buy a new crane and accessories to help move and install modular buildings. The machine sells for $75,000 and requires working capital of $10,000. Its estimated useful life is six years and it will have a salvage value of $17,560. Recovery of working capital will be $10,000 at the end of its useful life. Annual cash savings from the purchase of the machine will be $20,000.

Required: Compute the net present value at a 12% required rate of returnd. neither Brad nor Don.


____ 65. Eve owns First-Rate Salvage, a demolition company. A demolition by a First-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eve must pay for Glen's injury
a. only if Glen's injury was not reasonably foreseeable.
b. only if Glen's injury was reasonably foreseeable.
c. only if the First-Rate crew was at fault.
d. whether or not the First-Rate crew was at fault.


____ 66. Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to a distinctive mark used by Durable Goods, Inc. Copy's use of the mark is actionable
a. only if consumers are confused.
b. only if Copy and Durable are competitors.
c. only if consumers are confused and Copy and Durable are competitors.
d. regardless of whether consumers are confused or Copy and Durable are competitors.


____ 67. Standard Corporation can not claim a trademark in the phrase "Quality Is Standard" if the phrase
a. has a secondary meaning.
b. is descriptive.
c. is generic.
d. is memorable.


____ 68. USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is
a. a certification mark.
b. a collective mark.
c. a service mark.
d. trade dress.


____ 69. Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is
a. a certification mark.
b. a collective mark.
c. a service mark.
d. trade dress.


____ 70. Able, Inc., designs and makes a fuel injection system that copies Baker Corporation's designs without Baker's permission. This is most likely
a. copyright infringement.
b. patent infringement.
c. service mark infringement.
d. trademark infringement.


____ 71. Standard Factory Machinery, Inc., obtains a patent on a drill press. Total Equipment Company (TEC) copies the design. This patent is infringed
a. only if TEC copies the press in its entirety.
b. only if TEC sells the press in the market.
c. only if TEC copies the press in its entirety and sells it.
d. regardless of whether TEC copies the press in its entirety or sells it.


____ 72. Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for
a. the manual only.
b. the name only.
c. the net only.
d. the manual, the net, and the name.


____ 73. The graphics used in "Go!," a handheld computer game featuring racecars, are protected by
a. copyright law.
b. patent law.
c. trademark law.
d. trade secrets law.


____ 74. Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers without his permission. Ellen's use of the chapter is actionable
a. only if consumers are confused.
b. only if Ellen and Frank are competitors.
c. only if consumers are confused and Ellen and Frank are competitors.
d. regardless of whether consumers are confused or Ellen and Frank are competitors.


____ 75. Cathy uses, on her new recording Drive By, the melody of a song written by Earl, without Earl's permission. This is
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. none of the above.


____ 76. Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. Sam's copyright is infringed by
a. Rita only.
b. USA only.
c. Rita and USA.
d. none of the above.


____ 77. Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for
a. damages, fines, or imprisonment.
b. damages only.
c. fines or imprisonment only.
d. nothing.


____ 78. Lex reproduces Mina's copyrighted work without paying royalties. Lex is most likely excepted from liability for copyright infringement under the "fair use" doctrine if
a. Lex copies the entire work.
b. Lex distributes the copies freely to the public.
c. Lex's use has no effect on the market for Mina's work.
d. Lex's use is for a commercial purpose.


____ 79. Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has committed
a. copyright infringement.
b. patent infringement.
c. theft of trade secrets.
d. trademark infringement.


____ 80. Abby and Ben copy and exchange MP3 music files over the Internet without anyone's permission. With respect to songs owned by Charter Recording Company, this is
a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.


____ 81. Peak Corporation hacks into Quality Data Company's computers and downloads confidential business data. There is no contract between Peak and Quality regarding the data. This is
a. patent infringement .
b. trademark infringement.
c. trade secrets theft.
d. none of the above.


____ 82. Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by
a. all of the signatories of the Berne Convention.
b. Canada and the United States only.
c. Canada only.
d. none of the signatories of the Berne Convention.


____ 83. Lon is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
a. a preponderance of the evidence.
b. beyond all doubt.
c. beyond a reasonable doubt.
d. clear and convincing evidence.


____ 84. Ben wrongfully takes an unopened carton from a City Warehouse loading dock, puts the carton in his car, and drives away. A person who wrongfully or fraudulently takes and carries away another's personal property is guilty of
a. burglary.
b. forgery.
c. larceny.
d. robbery.


____ 85. Bait 'n Tackle Corporation switches trademarks on products that it buys to sell to consumers. This is
a. burglary.
b. forgery.
c. larceny.
d. robbery.


____ 86. Phil sets fire to his house. At common law, the crime of arson could be committed only if a person burned down
a. a commercial building.
b. an unoccupied structure.
c. his or her own house.
d. the house of another person.


____ 87. Jay is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without
a. a criminal act.
b. a criminal intent.
c. taking property from its owner.
d. the use of force of fear.


____ 88. In relation to Edie's solicitation of investors in a nonexistent business, she is charged with "mail fraud." This requires, among other things,
a. claiming that an item is "in the mail" when it is not.
b. deceiving postal authorities as to the content of an item of mail.
c. depositing items in the postal system without proper postage.
d. mailing or causing someone else to mail a writing.


____ 89. Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when
a. Mona decided to offer the bribe.
b. Mona offered the bribe.
c. Ned accepted the bribe.
d. Ned overlooked the violations.


____ 90. Ann, an employee of Beta, Inc., pays Curt, an employee of Beta's competitor Delta Company, for a secret Delta pricing schedule. This may be
a. an effective marketing strategy.
b. commercial bribery.
c. creative legal bookkeeping.
d. money laundering.


____ 91. Earl, driving while intoxicated, causes a car accident that results in the death of Frank. Earl is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for more than
a. one year.
b. six months.
c. ten years.
d. thirty days.


____ 92. Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to
a. one year.
b. six months.
c. ten years.
d. thirty days.


____ 93. Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to
a. appreciate the wrongfulness of his conduct only.
b. appreciate the wrongfulness of his conduct and obey the law.
c. appreciate the wrongfulness of his conduct or obey the law.
d. obey the law only.


____ 94. Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privilege against self-incrimination and
a. can be prosecuted only for the crime about which she agreed to testify.
b. cannot be prosecuted for any crime.
c. cannot refuse to testify on Fifth Amendment grounds.
d. can refuse to testify on Fifth Amendment grounds.


____ 95. Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob's bail, as required by a state statute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except
a. arrests without probable cause.
b. excessive bail.
c. trying someone for a criminal offense.
d. unreasonable searches and seizures.


____ 96. Lara is indicted. Mac, the arresting officer, advises Lara of her right to counsel. Lara waives the right and confesses to the crime. Later, Lara claims that her confession should be excluded as evidence from her trial. Under the ruling in Case 6.3, Fellers v. United States, the statement will most likely be
a. admitted because Lara knew she did the crime and confessed.
b. admitted because Lara made it after being advised of her rights.
c. excluded because a confession is not admissible in a criminal trial.
d. excluded because it was elicited before Lara was advised of her rights.


____ 97. Alan, the president of Beta Investments, Inc., and Colin, Beta's accountant, are charged with a crime, after the police search Beta's Offices. Under the exclusionary rule
a. certain Beta records are excluded from subpoena by the government.
b. certain parties to a criminal action may be excluded from a trial.
c. illegally obtained evidence must be excluded from a trial.
d. persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.


____ 98. Harry, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Harry must be informed of his right to
a. a trial by jury.
b. punishment.
c. question witnesses.
d. remain silent.


____ 99. Roy owns Roy's Cafe. A fire destroys the cafe, and Roy is arrested on suspicion of setting it to collect the insurance. At the time of the arrest, Roy is not informed of his rights. Any statement Roy makes will be admissible
a. in all circumstances.
b. in some circumstances.
c. in no circumstances.
d. regardless of the circumstances.


____ 100. Sally is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). Crime under the CFAA involves
a. accessing a computer without authority and taking data.
b. accessing a computer without authority or taking data.
c. accessing a computer without authority only.
d. taking restricted or protected data only.