First Test

Question 1

a rhode island state court can exercise jurisdiction over standard business corporation, an out of state defendant, if standard has minimum contacts with

Answer 1

the state

Question 2

SPF sunscreen corporation and Tanner agree to resolve their dispute through arbitration. The arbitrator’s decision is called

Answer 2

an award

Question 3

interrogatories are written questions for which written answers are prepared by a judge (T/F)

Answer 3

false

Question 4

Lazlo’s Bikes, inc. a firm in Minnesota, advertises on the web. a in court in North Dakota would be most likely to exercise jurisdiction over the firm if it

Answer 4

did substantial business with North Dakota residents over the internet

Question 5

to have standing to sue, a party must have a sufficient stake in a matter to justify seeking relief through the court system (T/F)

Answer 5

true

Question 6

states do nit have exclusive jurisdiction on any matter (T/F)

Answer 6

true

Question 7

the minimum contacts requirement is usually met if a corporation advertises or sells its products within a state (T/F)

Answer 7

true

Question 8

any relevant material, including information stored electronically, can be the object of a discovery request (T/F)

Answer 8

true

Question 9

isabel and josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it

Answer 9

isabel will have a judgment entered in her favor

Question 10

Ballpark sports field inc. files a suit against concessions and tailgate services. the document that informs concessions and tailgate that it must file an answer within a specified time period is

Answer 10

the summons

Question 11

file sharing software can be used to download others copyrighted property without liability for any infringement (T/F)

Answer 11

true

Question 12

social media users can post trademarked images or copyrighted materials without infringing the owners rights even if it is done without permission. (T/F)

Answer 12

false

Question 13

ConnectWeb, inc., operates a subscription based that extends the software and storage capabilities of its subscribers. This is

Answer 13

cloud computing

Question 14

OntheWeb company is an internet service provider. OntheWeb’s customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe’s activity

Answer 14

unless OntheWeb is aware of Phoebe’s violation

Question 15

A claim of a trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark (T/F)

Answer 15

false

Question 16

the Anticybersquatting consumer protection act applies to most, but nit all, domain name registrations of trademarks. (T/F)

Answer 16

true

Question 17

Copious Bounty, LLC and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislators, but by

Answer 17

the companies that own the sites and the apps

Question 17

Copious Bounty, LLC and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislators, but by

Answer 17

the companies that own the sites and the apps

Question 18

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar (T/F)

Answer 18

false

Question 19

federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized (T/F)

Answer 19

false

Question 20

using another’s trademark in a meta tag does not normally constitute trademark infringement, even if it is done without the owner’s permission (T/F)

Answer 20

false

Question 21

under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care (T/F)

Answer 21

false

Question 22

arrow straight corporation makes archery supplies. While using an arrow straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley another archer standing by is also injured. in a product liability suit based on strict product liability, Arrow straight may be liable to

Answer 22

Jamie and Kaley

Question 23

to assemble and sell stoves and fireplaces, hearth and home inc, buys igniters, tubing, and other parts from inflame stove and fireplace parts and installs them without changing them. if the parts are defective, strictly liable for any damage caused by the defects

Answer 23

are hearth and home and inflame

Question 24

smarttalk inc, makes and markets cell phones and related accessories. when problems develop with smarttalk products or sales, the company may be liable in product liability for any of the following except

Answer 24

an ineffective marketing plan

Question 25

a plaintiff who voluntarily enters into a risky situation, knowing the risk-involved, will be allowed to recover for any consequent injury (T/F)

Answer 25

false

Question 26

an action in strict product liability requires that the product be in a defective condition when the defendant sells it (T/F)

Answer 26

false

Question 27

conversion is limited to theft (T/F)

Answer 27

false

Question 28

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder company made ceiling beam. At the time Frieda is not wearing a hard hat or any other safety y gear. In Frieda’s product liability suit against girder, the company can most successfully raise the defense of

Answer 28

comparative negligence

Question 29

a product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised (T/F)

Answer 29

true

Question 30

to successfully assert a design defect a plaintiff has to show that no reasonable alternative design was available (T/F)

Answer 30

false

Question 31

counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine (T/F)

Answer 31

false

Question 32

milo publishes a book titled no equals, which includes a chapter from Paige’s copyrighted book olympic champions milo’s use of the chapter is actionable provided that

Answer 32

milo does not have Paige’s permission

Question 33

in this recording nuthing nu O’Reilly uses the melody of a song written by Pete. O’Reilly did not obtain Pete’s permission. This is

Answer 33

copyright infringement

Question 33

in this recording nuthing nu O’Reilly uses the melody of a song written by Pete. O’Reilly did not obtain Pete’s permission. This is

Answer 33

copyright infringement

Question 34

creative worx, inc develops makes and markets new computer programs for businesses and consumers. Generally copyright protection extends to

Answer 34

those parts of the software that can be read by humans

Question 35

if anyone who is a citizen of a country that has not signed the Berne convention first publishes a book in a signatory country, all other signatory countries must recognize the author’s copyright (T/F)

Answer 35

true

Question 36

copyright protection is automatic - registration is nit required (T/F)

Answer 36

false

Question 37

a trademark need not be registered to support a trademark infringement action (T/F)

Answer 37

true

Question 38

a trade name cannot be protected if it is unusual (T/F)

Answer 38

false

Question 39

a famous trademark may be diluted only by the unauthorized use of an identical mark (T/F)

Answer 39

false

Question 40

gold and sweet company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states 100% genuine new england maple syrup certified by the northeast maple syrup harvesters association. This logo is

Answer 40

a certification mark