Abby and Ben copy and exchange MP3 music files over the Internet. With respect to songs owned by record companies, this is Answer copyright infringement. a “fair use” of copyrighted material. the legitimate licensing of a product. protected expression. ____ 29. In 2006, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid a. if it directly advances a substantial government interest but goes no further than necessary. b. if it directly advances a substantial government interest regardless of how "far" it goes. c. under any circumstances. d. under no circumstances. ____ 30. The requirement that no person be deprived of "life, liberty, or property without due process of law" is found in a. the First Amendment only. b. the Fifth Amendment only. c. the Fourteenth Amendment only. d. the Fifth Amendment and the Fourteenth Amendment. ____ 31. A law that limits the liberty of all persons to do something may violate a. equal protection. b. procedural due process. c. substantive due process. d. none of the above. ____ 32. Colorado enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate a. equal protection. b. procedural due process. c. substantive due process. d. the right to privacy. ____ 33. The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is a. the courts. b. the president of the United States. c. the governor of Ohio. d. the U.S. Congress. ____ 34. Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a. any court to exercise in rem jurisdiction. b. a federal district court to exercise original jurisdiction. c. a U.S. court of appeals to exercise appellate jurisdiction. d. the United States Supreme Court to issue a writ of certiorari. ____ 35. Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient minimum contacts. ____ 36. The case of Able, Inc. v. Baker is heard in a Connecticut court with original jurisdiction. The case of Charlie v. Delta, Inc. is heard in a Connecticut court with appellate jurisdiction. The difference between original and appellate jurisdiction is whether a. a case is being heard for the first time. b. the court is exercising a new type of jurisdiction. c. the parties' legal arguments are innovative. d. the subject matter of a case involves new facts. ____ 37. Ilsa files a suit against Jack. The document that sets out the ground for the court's jurisdiction, the basis of Ilsa's case, and the relief that Ilsa seeks is a. the answer. b. the complaint. c. the service of process. d. the summons. Fact Pattern 3-1 Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint. ____ 38. Refer to Fact Pattern 3-1. The sheriff serves Nancy with a summons. If Nancy chooses to ignore it a. Mack must file an amended complaint. b. Mack will have a judgment entered in his favor. c. Nancy must be served with a second summons. d. Nancy will have a judgment entered in her favor. ____ 39. Refer to Fact Pattern 3-1. If Nancy responds to Mack's complaint by filing a counterclaim a. Mack will be given time to file a response. b. Mack will have a judgment entered in his favor. c. Nancy will be given time to file an amended answer. d. Nancy will have a judgment entered in her favor. ____ 40. Lynn files a suit against Karl. Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is a. a counterclaim. b. a crossclaim. c. an affirmative defense. d. an irrelevant response. ____ 41. In Ed's suit against First National Bank, the discovery phase would include all of the following except a. Ed's complaint. b. Ed's deposition. c. Ed's requests for First National's admissions. d. First National's replies to Ed's interrogatories. ____ 42. In Federated Corporation's suit against Great Stores, Inc., the jury returns a verdict in Federated's favor. Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for a. a judgment in accordance with the verdict. b. a judgment on the pleadings. c. a new trial. d. judgment n.o.v. ____ 43. Edie files a suit against Frank. If this suit is like most cases, it will be a. dismissed during a trial. b. dismissed or settled before a trial. c. resolved only after a trial. d. settled at a trial. ____ 44. Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is a. arbitration. b. litigation. c. mediation. d. negotiation. ____ 45. Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is a. arbitration. b. litigation. c. mediation. d. negotiation. ____ 46. Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is a. arbitration. b. litigation. c. mediation. d. negotiation. Fact Pattern 3-3 Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. ____ 47. Refer to Fact Pattern 3-3. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because a. the case will be heard by a mini-jury. b. the dispute will eventually go to trial. c. the process is not adversarial. d. the resolution of the dispute will be decided an expert. ____ 48. Refer to Fact Pattern 3-3. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of a. arbitration. b. conciliation. c. intervention. d. mediation. ____ 49. Transnational Corporation and United Shipping, Inc., agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may a. monitor any arbitration until it concludes. b. order an arbitrator to rule in a particular way. c. order a party to bring the dispute to court. d. order a party to submit to arbitration. ____ 50. Molly files a suit against Nick. They meet, and each party's attorney argues the party's case before a judge and jury. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is a. court-ordered arbitration. b. early neutral case evaluation. c. a mini-trial. d. a summary jury trial. ____ 51. Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use a. any force. b. any force, except force that is likely to cause death. c. force that is reasonably necessary. d. no force. ____ 52. Louie files a suit against Myra for assault and battery. Myra can raise the defense of property as a defense to the charge of a. assault only. b. assault or battery. c. battery only. d. neither assault nor battery. ____ 53. Dale hears Ed falsely accuse Flo of stealing from Great Warehouse, Inc., their employer. Ed's statement is defamatory a. because Dale heard it. b. only if Ed made the statement loudly. c. only if Ed's statement is also published in the Dispatch, a local paper. d. only if Flo suffers emotional distress. ____ 54. Curt, a dairy goods salesperson, follows Dona, a competitor's salesperson, as she visits convenience stores to make sales. Curt solicits each of Dona's customers. Curt is likely liable for a. conversion. b. trespass to personal property. c. wrongful interference with a business relationship. d. wrongful interference with a contractual relationship. ____ 55. Phil invites Quinn onto his land. Quinn commits trespass if a. Phil asks Quinn to leave and Quinn refuses. b. Quinn enters the property in the evening. c. Quinn makes disparaging remarks about Phil to third parties. d. the property is damaged during the visit. ____ 56. Quinn, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quinn is liable for conversion a. if he damages the computer. b. if he does not have a good reason for taking the computer. c. if he fails to prevent a theft of the computer from his possession. d. under any circumstances. ____ 57. Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted a. unrealistically. b. unreasonably. c. unrecognizably. d. unreliably. ____ 58. Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the a. cause in fact. b. intervening cause. c. proximate cause. d. superseding cause. ____ 59. Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is a. neither the causation in fact nor the proximate cause of the injury. b. only the causation in fact of the injury. c. only the proximate cause of the injury. d. the causation in fact and the proximate cause of the injury. ____ 60. Molly shoots Norm with Opal's pistol. The proximate cause of Norm being shot is most likely attributable to a. Molly and Opal. b. Molly only. c. Opal only. d. neither Molly nor Opal. ____ 61. Pat files a successful suit against Quality Stores based on Quality's negligence. Normally, an award in such a suit consists of a. comparative damages. b. compensatory damages. c. contributory damages. d. punitive damages. ____ 62. Eve is injured when she slips and falls in Finest Discount Warehouse. Eve files a suit against Finest for $50,000. Under a "pure" comparative negligence rule, Eve could recover damages from Finest a. only if Eve and Finest were equally at fault. b. only if Eve was less at fault than Finest. c. only if Eve was more at fault than Finest. d. whether Eve was less, more, or equally at fault. ____ 63. A state statute requires machinery in food processing plants to include automatic shut-off switches accessible to each employee working on the machine. Fruit Company's (FC's) equipment does not have the switches. Greg, an FC employee, suffers an injury that an accessible shut-off switch would have prevented. Greg's best ground for recovery is that FC committed a. a dram shop act. b. a violation of the "danger invites rescue" doctrine. c. negligence per se. d. res ipsa loquitur. ____ 64. Amber pushes Brad into the path of an oncoming car driven by Carol. Don tries to rescue Brad, but the car hits both of them. Amber is liable for the injuries of a. Brad and Don. b. Brad only. c. Don only. d. 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.